Vance v The Earl of Ranfurley

• Jurisdiction: Ireland
• Judgment Date: 13 December 1850
• Date: 13 December 1850
• Court: High Court of Chancery (Ireland)

Chancery.

VANCE

and

THE EARL OF RANFURLEY.

Furnival v. CreweENR 9 Mod. R. 446; S. C. 3 Atk. 83.

Church v. Brown 15 Ves. 263.

Nokes' caseUNK 4 Rep. 80, b.

Holder v. TaylorENR Hob. 12.

Stewart v. DonegalENR 2 Jo. & Lat. 636.

Tulk v. MoxhayENR 1 Hall & Twells. 105.

Page v. BroomENR 3 Beav. 36.

Duches of Chandos v. Brownlow 2 Ridg. P. C. 345.

Boyle v. OlphertsUNK 4 Ir. Eq. Rep. 241.

Iggulden v. MayENR 9 Ves. 325; S. C. 7 East, 237, affirmed 2 Bos. & P. N. R. 449.

Isherwood v. OldknowENR 3 M. & S. 382.

CHANCERY REPORTS. 321 1850. Chancery. VANCE v. THE EARL OF RANFURLEY. (Chancery.) Nom 22, 24. Dec. 13. THE original bill in this cause was filed by the plaintiff Andrew A being seised in possession Vance, for the specific performance of a covenant for perpetual re- - of the K. es tates for life, newal, contained in a lease of the 29th of April 1811. with remain der to his son At the date of the lease, Thomas Lord Northland was seised for B for life, with remainder to life of the Dungannon estate, with remainder to his eldest son the C (grandson of A) in fee, Hon. Thomas Knox, for life, and remainder to the defendant, his all three joined in a demise, grandson, then Thomas Knox, Esq., and afterwards Earl of Ran- by indenture, funle of a small por- y, in fee. The tenants for life had the usual powers of leasing ti„ of the K. for three lives or thirty-one years. ees, of certastatin mills and By the lease of the 29th of April 1811, made between Thomas erected there on, and the Lord Viscount Northland, the Honourable Thomas Knox and the rights, ease ments, and defendant of the one part, and James Falls and Alexander Mac- appurtenances belonging to kenzie of the other part, it was witnessed that in consideration of those mills, together with the rents, covenants, provisoes and agreements thereinafter reserved the grist, toll, mulcture, or and contained, and which, on the part of the lessees, their heirs and suecon, or other mill assigns, were to be paid, kept and performed, they the said Viscount duties usually paid to A by the tenants of all the K. estates, at the rate of one-sixteenth part of the corn ground, as toll or mulcture for grinding ; reserving out of the demise all royalties to A, his heirs and assigns, with liberty for A, B and C, according to their respective interests, and their heirs and assigns, to enter for the purimse of availing themselves of the royalties at any time during the demise, at the pleasure of A, his heirs and assigns ; to hold during three lives, and such lives as should be added in pursuance of a coveÂÂnant for perpetual renewal thereinafter contained. By the reddendum clause the rent was reserved as to part of the demised premises to A, B and C, according to their respective interests, their heirs and assigns, and as to the residue of the demised premises, to A, his heirs and assigns. There followed, however, a covenant by the lessees to pay the rent of all the demised premises to A, B and C, according to their respective interests, their heirs and assigns. The lessees also covenanted to grind, toll free, all corn for the household of A, B and C, their heirs and assigns, in such of the mills as A, his heirs and assigns, might send it to ; and to grind corn for all the tenants of the K. estates at a charge of one-sixteenth of the grain ground. Then followed a covenant by A, for himself, his heirs and assigns, that all the present tenants of the K. estates were bound, and that all the future tenants should be bound to bring their corn to be ground at that rate at the demised mills, and that in deÂÂfault of the tenants so doing, A, his heirs and assigns, would permit legal proceedÂÂings to be taken in their names in order to compel the tenants so to bring their corn to be ground, &c., and would produce the counterpart of their leases for that purpose. 322 CHANCERY REPORTS. 1850. Northland, the Honourable Thomas Knox and the defendant, and Chancery. each of them, did, according to their respective estates and interests VANCE therein, grant, bargain, set and to farm-let, release and confirm to V. EARL OF the said lessees (in their actual possession then being by virtue of a RANFURLEY bargain and sale, &c., and by force of the statute for transferring Statement. uses into possession) and to their heirs and assigns, all that and those that part of the townlands of Gortmenon and Mullaghana, immediately adjoining the grounds attached to and usually held with the corn-mill of Dungannon, bounded by, &c. ; and also all that and those the farms or parcels of ground, with the houses, gardens and appurtenances thereto belonging, situate in the said townland of Gortmenon, theretofore held and occupied by the miller, kilnman and mulcturer, employed in the working and management of the corn-mills and kilns of Dungannon, immediately adjoining part of the aforesaid premises, and bounded by, &c. ; and also all that and those the farms, &c., with the houses, &c., thereto belonging, situate in the townland of Tempenroe, theretofore held and occupied by the miller, kilnman and mulcturer, employed in the working and Next came a covenant for perpetual renewal by A, for himself, his heirs and assigns; and finally, covenants by A, B and C, for themselves, their executors, administraÂÂtors and assigns, for quiet enjoyment, and for further assurance, such further assurÂÂance to contain no covenant or warranty that was not already contained in the lease. Indorsed upon the lease previously to its execution was a memorandum, that if any of the tenants of the K. estates were not bound by their present leases to grind their corn at the mills, A, his heirs and assigns, should not be liable to compensate the lessees of the mills if such tenants were not so bound, and neglected to grind their corn at the mills. The lands demised were, without the profits arising from the wholly inadeÂÂquate to meet the amount of rent reserved. A and B and some of the ceux que vivent having died, a bill was filed, and a decree for a renewal was pronounced against C. Held, that C was not bound to enter, in the new lease, into the covenants with respect to the mill duties, contained in the original lease on the part of A, his heirs and assigns. Held also, that C was bound to enter, in the new lease, into all the covenants into which he had entered by name in the original lease. Semble, that if the demise by A, B and C had not been as well for all future lives to be added to the lease as for the original lives, C would not have been hound to renew by the covenant for perpetual renewal on the part of A, his heirs and assigns. Held also, that C having alleged, in his answer, breach of covenant by the lessees as a defence to the bill for renewal, and having failed in proving it, must pay the costs occasioned by that defence. A covenant for a renewal is a covenant to grant an estate, and implies the inserÂÂtion of such covenants as are incidental to the legal estate, having regard to the tenure ; and a covenant for a lease contains a contract that it shall be accompanied by the ordinary covenants. The party renewing is bound to give that which those from whom he derives were bound to, and did, give b., the original contract. CHANCERY REPORTS. 323 management of the corn-mill and kiln of Viscount Northland, 1850. Chancery. known by the name of the Killyman mill and kiln, bounded, &c.; VANCE and also all that and those the said corn-mills and kiln, with the v. weirs, dams, mill-races and waters, or use of the waters thereto EARL OF belonging, or theretofore used and enjoyed with the same, in like RANFITRLEY manner as Viscount Northland had been theretofore accustomed to Statement. use the said waters in the working of the said mills, and the rights, easements and appurtenances to the said mills, kilns, weirs, &c., &c., and every of them belonging, together also with the grist, toll, mulcture or succon and other the mill duties usually paid to VisÂÂcount Northland, and which were given by and taken from all and singular the tenants or resident occupiers of the said towns and lands of Gortmenon, Tempenroe and Mullaghana, and also of the several towns and lands of Altavannagh, &c., &c. [here thirty-nine other townlands were specified], at the rate or proportion of the sixteenth part or share of the corn or grain ground, as the toll or mulcture for grinding the same [Here followed various provisions as to altering and re-building the mills, &c., and as to the supply of water, and as to such buildings as might be erected by the lessees] ; excepting, however, and reserving out of said grants and demise to Viscount Northland, his heirs and assigns, all mines, minerals, &c., &c., with all royalties whatsoever, with full and free liberty to Viscount Northland, the Honourable Thomas Knox and the defendant, according to their respective estates and interests in the premises, and to their and each of their heirs and assigns who should be entitled to the rent and reversion in the said premises, to enter into the said demised premises, and there search for, dig up, cut down and carry away any of the matters or things so reserved and excepted, at any time during said demise or any renewal thereof, at the will and pleasure of Viscount Northland and his heirs and assigns, &c., and also reserving to Lord Northland, the Honourable Thomas Knox and the defendant, according to their respective estates in the premises, his and their heirs and assigns, full and free right and liberty of hunting, &c., upon the premises at all times during the said demise, and all renewals thereof, trespass free, to hold all and singular the said lands, houses, mills, kilns and other 324 CHANCERY REPORTS. IMO. premises, with the grist, toll, mulcture, succon or mill duties, and Chancery. the waters, weirs, &c., with the rights, easements, privileges, heredi VANCE taments and appurtenances thereby granted and released or intended EARL OF so to be (except as...