Pennefather v Stephens

• Jurisdiction: Ireland
• Judgment Date: 25 May 1847
• Date: 25 May 1847
• Court: Rolls Court (Ireland)

Rolls.

PENNEFATHER

and

STEPHENS.

Roberts v. Hughes Beat. 417.

Manly v. Hawkins. Cremen v. HawkesUNK 8 Ir. Eq. Rep. 503.

Baker v. GoslingENR 1 Bing. N. C. 19.

CASES IN EQUITY. 61 in such a case. The rent, although not strictly speaking a rent- 1847. service, is in the nature of a rent-service ; eviction would pro- bably be held to be an answer at law to an action for the rent, and BRADY v. I apprehend that in an action for the rent, the deed need not be FITZ- pleaded as a grant of a rent-charge. The bill in Cremen v. Hawker GERALD. was in effect a bill by a landlord to recover rent from his tenant. Judgment. In the case of a rent reserved on a grant in fee, Mr. Hargrave conÂsidered that such a rent, as a fee-farm rent, was clearly void under the Statute of Quia Emptores. In this country, at the time when the Courts considered that an ejectment for non-payment of rent would lie although the grantor had no reversion, it was also held that an ejectment for non-payment of rent would not lie for a fee-farm rent in consequence of the Statute of Quia Emptores. And although it is now held that an ejectment for non-payment of rent cannot in any case be sustained unless the grantor has a reversion, yet such decision is founded on the Landlord and Tenant Acts, and does not affect the authority of the English cases in which it has been conÂsidered that a quasi relation of landlord and tenant may subsist without a reversion. I therefore am of opinion that the case of Cremen v. Hawker is not inconsistent with the opinion of Sir M. O'Loghlen or Mr. Hargrave ; and concurring in opinion with those two eminent persons, that a rent reserved upon a grant in fee is a rent-charge, I shall make an order of reference for the appointment of a receiver. PENNEFAT HER v. STEPHENS. THE bill in this cause prayed an account of the sum due on foot of two annuities or rent-charges, charged on certain lands by a deed of the 18th of February 1808, and for a receiver. By that deed, Bolton William and Thomas Pennefather, accordÂing to their respective estates, joined in conveying the lands to Francis Oldis, and his heirs for ever, he Francis Oldis paying an annuity or rent-charge of £270 to Bolton Pennefather for May 25 • 62 CASES IN EQUITY. his life (which rent, at the filing of the bill, had determined), and also paying to Thomas Pennefather and his heirs for ever a rent-charge of £960, and to William Pennefather and his heirs a rent-charge of £40, for the recovery...