Hungerford v. . Haviland, (1793)
Court: Court of King's Bench
Number:
Visitors: 2
Judges: CREW, C. J.
Filed: Jul. 05, 1793
Latest Update: Mar. 03, 2020
Summary: Reliefs are ancient. Glanvil. Rel., 9. Reliefs are by tenure and by custom. 3 E., 3, 13, per Hern. Reliefs reserved on grants are not properly reliefs, but services. 31 Ass., 12. In Wales there is a custom to pay 10s. for a mortuary and 10s. for alienation by relief and distress, when the land is worth £ 40.
I take this distinction. For a Heriot custom, one cannot distrain, for the lord has the best beast, by the death of the tenant, and if anyone takes it, he shall have trespass. But it is otherwise of a relief due by custom. Postea, pp. 694, 721; Jones, 132; Bendl., 180; 3 Bulstr., 323; 2 Keb., 677.
Source: CourtListener
