(then Sir J. H.) demised to P. M. for the term of thirty-one years, December, then next ensuing the following from the premises. [Here introduce a description of the premises.] 3. The rent reserved was £105, payable on the usual quarter days. 4. The said lease contained, among others, the following covenants material to this case : (a) A covenant by the lessee, his executors, administrators, and assigns to pay the rent at the proper time. (b) A covenant by the lessee, his executors, administrators, and assigns that he would pay all costs, expense, &c., for sewers and drains executed by order of the local authority, and pay all taxes and assessments; and also so far as the premises might be subject to the operation of the M. L. M. Act, the C. L. H. Act, &c., or the bye-laws of the Board of Works for the district in which the premises or any of them are situate, conduct, and maintain the same in all respects in conformity with the provisions of the said Acts and bye-laws, and at all times keep the said premises in a cleanly and wholesome state and condition, and cause the same and every of them to be well supplied with pure water during the same term. (c) A covenant by the lessee, his executors, administrators, and assigns to repair and amend within three months after notice. 5. The said indenture also contained a clause of re-entry authorising the plaintiff to re-enter on the demised premises in case the rent thereby reserved should be in arrear for twentyone days, whether demanded or not, or on breach of any of the covenants hereinbefore mentioned. 6. In or about the year 187-, the defendant took possession of, and, save as hereinafter mentioned, has since occupied the premises. At some time between that date and the grievances hereinafter mentioned the said indenture and term thereby created was assigned to and vested in him, and the defendant from 1870 to March, 1874, paid rent to the plaintiff according to the terms of the lease. 7. Since the 25th March, 1874, no rent has been paid by the defendant or any other person, and the rent from that date is still due and unpaid. 8. The said tenements, so far as they have been subject to By lessor signee of against as the lease for breaches of covenant. By lessor against assignee of the lease for breaches of covenant. By lessee of an eyot to recover possession of the same. the operation of M. L. M. Act, the C. L. H. Act, and the byelaws of the Board of Works for the district in which the premises are situate, have not been maintained and conducted, nor are they now maintained and conducted in conformity with the provisions of the said Acts of Parliament or the said bye-laws. Nor have the premises been kept at any time, nor are they now, in a cleanly and wholesome state. 9. The defendant has not kept the said premises in a proper state of repair, and they are now in a dilapidated condition. 10. The plaintiff caused to be served on the defendant a notice calling upon him to put into a state of repair the said premises within a term of three months from the date of the said notice, yet the defendant neglected to put the said premises into a state of repair within the said term of three months, and they are now in a dilapidated condition. The plaintiff claims : (1.) Possession of the said premises. (2.) £157 for arrears of rent to the 29th September, 1875. (4.) Mesne profits from the 29th September, 1874, to the date Action by Lessee of an Eyot, for Recovery of the same. 1. On the 1st of August, 1874, one J. F. was seised in fee of an eyot or osier bed situate in the parish of C., in the county of O., and adjacent to the river Thames. 2. On the said 1st of August, 1874, the said J. F., by an indenture of that date, demised the said eyot or osier bed to the plaintiff for a term of twenty-one years from the 2nd of August, 1874; and the plaintiff' on the said 2nd of August, 1874, entered into possession of the same. 3. On or about the 5th of May, 1875, the defendant unlawfully entered the lands so demised to the plaintiff as aforesaid, and ejected him therefrom, and has ever since excluded the plaintiff from the possession thereof. The plaintiff claims: (1.) Possession of the said eyot. (2.) £200 for mesne profits. (3.) Such further and other relief, &c. Claim by Devisees for Recovery of Property devised. devisees to recover pos devised 1. K. L., late of Sevenoaks, in the county of Kent, duly Claim by executed his last will, dated the 4th day of April, 1870, and thereby devised his lands at or near Sevenoaks, and all other session of his lands in the county of Kent, unto and to the use of the plaintiff's and their heirs, upon the trusts therein mentioned for the benefit of his daughters Margaret and Martha, and appointed the plaintiffs executors thereof. 2. K. L. died on the 3rd day of January, 1875, and his said will was proved by the plaintiffs in the Court of Probate on or about the 4th day of February, 1875. 3. K. L. was, at the time of his death, seised in fee of a house at Sevenoaks, and two farms near thereto called respectively "the Home Farm" containing 276 acres, and "the Longton Farm" containing 700 acres, both in the county of Kent. 4. The defendant, soon after the death of K. L., entered into possession of the house and two farms, and has refused to give them up to the plaintiffs. The plaintiffs claim: (1.) Possession of the house and two farms. (2.) £— for mesne profits of the premises from the death of K. L. till such possession shall be given. Statement of Defence. property. 1. The defendant is the eldest son of J. L., deceased, who Defence. was the eldest son of K. L. in the statement of claim named. 2. By articles bearing date the 31st day of May, 1827, and made previous to the marriage of K. L. with Martha his intended wife, K. L., in consideration of such intended marriage, agreed to settle the house and two farms in the statement of claim mentioned (and of which he was then seised in fee) to the use of himself for his life, with remainder to the use of his intended wife for her life, and after the survivor's decease, to the use of the heirs of the body of the said K. L. on his wife begotten, with other remainders over. 3. The marriage soon after took effect, K. L., by deeds of lease and release, bearing date respectively the 4th and 5th of April, 1828, after reciting the articles in alleged performance of them, conveyed the house and two farms to the use of himself for his life, with remainder to the use of his wife for her Defence to claim by devisees to recover pos session of devised property. By devisees to recover possession land. life, and after the decease of the survivor of them, to the use of the heirs of the body of K. L. on the said Martha to be begotten, with other remainders over. 4. There was issue of the marriage an only son, Thomas L., and two daughters. After the death of Thomas L., which took place in February, 1864, K. L., on the 3rd May, 1864, executed a disentailing assurance, which was duly enrolled, and thereby conveyed the house and two farms to the use of himself in fee. Action by Devisees for Recovery of copyhold Land. 1. J. N., late of W. Lodge, S., in the county of Wilts, duly executed his last will, dated the 7th of December, 1871, and of copyhold thereby devised all his real estate whatsoever and wheresoever, and of what nature or kind soever, unto and to the use of the plaintiffs and their heirs, according to the several natures, qualities, and tenures thereof, and as to such parts thereof as should be held by him at the time of his death as mortgagee, subject to the equities affecting the same, upon the trusts in the said will mentioned, for the benefit of the plaintiff E. N., and appointed the plaintiff's executors of his said will. 2. J. N. died on the 22nd day of March, 1876, and his said will was proved by the plaintiffs in the Court of Probate on or about the 1st day of June, 1876. 3. J. N. became, under an indenture of mortgage dated 20th of March, 1822, mortgagee in possession of a copyhold cottage or tenement and premises, with the appurtenances thereto belonging, situate in the parish of H., in the county of M., and known as No. 4, P. Place, Hornsey, which said cottage or tenement and premises, with the appurtenances, at the time of his death, were vested in him under and by virtue of an Order of the Chancery Division of the High Court of Justice dated the 23rd day of July, 1875. 4. The plaintiffs have been duly admitted to the said copyhold cottage or tenement and premises, with the appurtenances, as customary tenants of the manor. 5. After the death of the said J. N., the defendants entered into possession of the said cottage or tenement and premises, with the appurtenances, and have refused to give them up to the plaintiff's. The plaintiffs claim : By devisees to recover (1.) Possession of the said cottage or tenement and premises, possession with the appurtenances. (2.) £50 for mesne profits thereof, from the time the defendants entered as aforesaid till such possession shall be given. Grantee of the Reversion against Assignee of the Lease for Recovery of Land, with Claims for Damages for Non-repair and Breach of Covenant to yield up Possession. of copyhold land. By grantee of the reversion in the assignee of the term. 1. The plaintiff is, &c. The defendant is, &c. 2. By an indenture of lease dated the 25th of March, 1866, one W. H. E. demised a certain farm and dwelling-house against known as "Park Farm," situate in the parish of county of Nottingham, to one E. S., for a term of sixty years from the said date, subject to certain covenants for the payment of rent, and for the doing of certain other things; and the said E. S. by the said indenture covenanted for himself, his executors, administrators, and assigns, with the said W. H. E., his heirs, executors, administrators, and assigns, that he the said E. S., his executors, administrators, and assigns, would [set out covenant to repair according to its effect], and also that he the said E. S., his executors, administrators, or assigns, would on the expiration of the said term give up possession of the said farm and dwelling-house to the said W. H. E., his heirs, executors, administrators, or assigns. 3. On the 1st of February, 1870, the said W. H. E., by deed bearing that date, conveyed all his estate and interest in the said farm and dwelling-house to the plaintiff. 4. By an indenture dated the of December, 1870, the said E. S. assigned all his interest in the 6. The said term expired on the said 25th of March, 1878, but the defendant has failed to deliver up to the plaintiff the possession of the said farm and dwelling-house. |