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Claim by Devisees for Recovery of Property devised. 1. K. L., late of Sevenoaks, in the county of Kent, duly Claim by
devisees to 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
devised his lands in the county of Kent, unto and to the use of the
property. plaintiffs 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:-
Statement of Defence. 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 life, and after the decease of the survivor of them, to the use of claim by devisees to
the heirs of the body of K. L. on the said Martha to be begotten, recover pos- with other remainders over. session of devised
4. There was issue of the marriage an only son, Thomas L., property. 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. By devisees 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 possession of copyhold thereby devised all his real estate whatsoever and wheresoever, land.
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. V., 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 W., 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 plaintiffs.
The plaintiffs claim :
By devisees (1.) Possession of the said cottage or tenement and premises, possession with the appurtenances.
land, (2.) £50 for mesne profits thereof, from the time the defen
dants entered as aforesaid till sach possession shall
-, in the assignee of
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. 1. The plaintiff is, &c. The defendant is, &c.
of the re2. By an indenture of lease dated the 25th of March, 1866, version one W. H. E. demised a certain farm and dwelling-house against known as “ Park Farm,” situate in the parish of
the term. 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 said term to the defendant.
5. The defendant since the said — of December, 1870, and up to the 25th of March, 1878, has neglected and omitted to perform the said covenant to repair, and in consequence thereof, the said dwelling-house has become very much dilapidated, and the gates, fences, and railings of the said farm have become greatly damaged and injured.
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.
By grantee of the reversion against assignee of the terms.
The plaintiff claims :-
Statement of Defence. 1. The defendant denies that he has neglected to perform the covenant of the said lease to repair as alleged in the 5th paragraph of the statement of claim or at all, and says that the said premises have always been and now are in a good state of repair.
2. If the said dwelling-house, or the said gates, fences, or railings, have become to any extent dilapidated, injured, or damaged, they have become so owing to the effect of time and ordinary wear and tear, and not to neglect or omission by the defendant to perform the said covenant to repair.
3. As to the 6th paragraph of the statement of claim, the defendant says that he was ready and willing and offered the plaintiff to yield up possession of the said farm and dwellinghouse on the said 25th of March, 1878, but the plaintiff requested him to continue the possession thereof pending certain negotiations which were then being carried on between the plaintiff and the defendant for a renewal of the defendant's tenancy.
Action by Mortgagee of Premises to recover Possession thereof
from Trustee under Mortgagor's Liquidation. By mort- 1. On or about the 29th of June, 1876, one R. B. H. was gagee to
possessed of a certain messuage and premises situate and being possession. No.
in the county of for a term of years therein mentioned to come and unexpired, to wit the term of twenty-one years from Lady-day 1871, under a lease granted by Mrs. E. E. to the said R. B. H. at and for the yearly rent of £300.
2. By an indenture dated the 29th of May, 1877, the said R. B. H. demised to the plaintiffs the said messuage and premises, to have and to hold the same for all the then unexpired residue wanting the last day thereof of the said term of years granted on the said premises in and by the said lease. The said demise was by way of mortgage for the purpose of securing to the plaintiffs payment of certain moneys then advanced, and which might
thereafter be advanced to the said R. B. H. or become due to By mortthe plaintiffs from him. The said indenture contained and
conferred powers upon the plaintiffs of entering upon and holding the possession. said messuage and premises at any time, and of selling the same.
3. On or about the 23rd day of December, 1877, the said R. B. H. being a debtor unable to pay his debts within the meaning of the Bankruptcy Act, 1869, duly filed his petition for the liquidation of his affairs by arrangement or composition in the London Bankruptcy Court, having jurisdiction in that behalf, and such proceedings were had that the defendant was on or about the 8th of January, 1878, duly appointed trustee in the said liquidation.
4. Before and at the time of the institution of the said proceedings, the said R. B. H. was indebted to the plaintiffs in a large sum of moneys secured by the said indenture made between him and the plaintiffs, viz., £692, or thereabouts, and interest thereon, and the same still remains altogether due and unpaid to the plaintiffs, although payment thereof has been duly demanded of and from the defendant and the said R. B. H. The plaintiffs have not proved the said debt under the said liquidation proceedings.
5. Possession of the said messuage and premises has been duly demanded of and from the defendant, then being in possession as hereinafter mentioned.
6. The defendant, on or about the 8th January, 1878, entered into and is still in possession of the said messuage and premises, and has refused to give them up to the plaintiffs, though required to do so as aforesaid.
The plaintiffs claim :-
the time of his entering into possession till judgment
per annum, (3.) Further and other relief, &c.
Claim by Trustees of a Settlement for Recovery of Lands held by
them on the Trusts, on account of Breaches of Covenant
by the Settlor. 1. By indenture dated the 30th September, 1859, made By trustees
of a settlebetween one Jane H., since deceased, and the defendant J. E.,