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. GoslingENR1 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...