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Bayly v. . Baxter, (1793)

Court: Court of King's Bench Number:  Visitors: 13
Judges: DODERIDGE, J.
Filed: Jul. 05, 1793
Latest Update: Mar. 03, 2020
Summary: A lease was made of a manor, rendering rent £ 10 per annum , and 100 couple of conies, to be delivered weekly, between St. Bartholomew's and St. James' feasts, so many and in such a manner as the lessor may appoint. He brought debt for the rent in debet and 49 conies in the detinet; and on a plea of the general issue, it was found for the plaintiff, and several damages were given. It was now objected that it is not alleged that the lessor had appointed in what manner they should be delivered. If
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If one grant estovers to be taken yearly, and none be taken for one year, they shall not be taken the next. In this case it *Page 721 would destroy the warren if all were delivered at one time. He ought to show a particular request, with certainty.

WHITLOCK, J. It is a rent here.

CREW, C. J., concurred with WHITLOCK, J.

So the court was divided — ideo adjournatur.

Source:  CourtListener

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