John Wisdom v Joshua Robert Fennell

• Jurisdiction: Ireland
• Judgment Date: 23 April 1850
• Date: 23 April 1850
• Court: Queen's Bench Division (Ireland)

Queenƒ€™s Bench.

JOHN WISDOM

and

JOSHUA ROBERT FENNELL.

Crewe v. Dicken 4 Ves. 100.

Meade v. Lord OrreryENR 3 Atk. 237.

Taylor v. Stibbert 2 Ves. 437.

Dunbar v. TredenwickUNK 2 B. & B. 319.

Lloyd v. BaldwinENR 1 Ves. sen. 173.

Dunch v. KentENR 1 Vern. 260.

Mƒ€™Carthy v. DauntUNK 11 Ir. Eq. Rep. 29.

Cadwallader v. PriceUNKENR 11 Jur. 134; S. C. 16 M. & W. 603.

Clay v. JonesUNK 13 Jur. 825.

The King v. Lyme Regis Doug. 158.

Cadwallader v. PriceENR 16 M. & W. 603.

Goodright v. Sales 2 Wilson, 329, 331.

Balfour v. Welland 16 Ves. 156.

AnonymousENR 1 Salk. 153.

Juxon v. Bryan Prec. in Ch. 143.

Hutchinson v. Lord MassareeneUNK 2 B. & B. 49.

412 CASES AT LAW. E. T. 1850. and to establish the intention of the Legislature to regulate the rights Queen's Bench of the parties, in respect to limitation of time, by the real nature CRAWLEY and terms of their contract, and not by the date of the judgment, V. KENNEDY. which is no more than the date of the security. MOORE, J., concurred. JOHN WISDOM v. JOSHUA ROBERT FENNELL. April 23. A declaration COVENANT.-The declaration contained one count, stating that in covenant stated that H. Hannah Villiers, being seised in fee of the lands of Whitechurch, in V. being the county of Tipperary, by indenture bearing date the 10th of seised in fee of certain December 1820 (Profert), demised the said lands to Robert Fennell, lands by inden• tare demised his heirs and assigns ; Habendum, for three lives, who were still them to R. F., his heirs and subsisting, or thirty-one years, at the yearly rent of £274. 6s. 10d. assigns,to hold for three lives Irish currency, payable half-yearly every 1st day of May and 1st day still subsisting, or thirty-one of November. It then Set out a covenant by Robert Fennell to pay years, at a yearly rent. the rent, and averred an entry by him into the premises, the rever It then set out a covenant to pay the rent by the lessee, and averred nis entry into the premises, the reversion being in H. V. ; and that whilst so seised of the reversion, by her will H. V. devised the reversion to G. T. and J. S., their heirs, executors, &c., for a term of five hunÂdred years to commence from her death, and subject to said term, and to the trusts, she devised the lands to B. L., his heirs and assigns. It further stated that the term was given upon trust by sale or mortgage to raise £1500, and apply it as in the will declared, and to permit B. L., his heirs, &c., to receive the rents of the lands comprised in the term during his life, and that when the trusts of the term should be satisfied the term should cease. That H. V. died seised of the reversion, and it thereupon vested in the trustees, with the ultimate reversion in B. L. That by assignment made between the trustees and B. L. in consideration of certain sums and of said term of five hundred years, and of ten shillings, the trustees assigned to W. 0. the lands for the residue of the term then to come, and which had become satisÂfied, in trust for B. L., his heirs and assigns, and subject to his and their disposal, tb attend the inheritance, by virtue whereof the said term became continued and was attendant upon the inheritance on the 31st of December 1845, whereby the term by 8 & 9 Vic., intituled, &c., ceased and determined ; whereupon and whereby B. L. became seised in fee in the reversion expectant, &c., and that he granted to the plaintiff. Held, on special denaurre t , that it sufficiently appeared from the declaration that the term of five hundred years had been satisfied and was attendant upon the inheritance. CASES AT LAW. 413 thou expectant on said lease being in Hannah Villiers. It further E. T. 1850. Queen's Bench stated, that Hannah Villiers, while so seised of the reversion, by her ----' WISDOM will...