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A50665 Land-lords law a treatise very fit for the perusal of all gentlemen and others : being a collection of several cases in the law concerning leases, distresses, replevins, rescous, waste, and several other matters which often happen between land-lord and tenant, as appears in the contents of the several chapters / by G. Meriton ... Meriton, George, 1634-1711. 1665 (1665) Wing M1803; ESTC R19512 77,063 192

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Lease continueth If there be two Joynt-tenants Harbin Barton's case 30 El. Goldsb Rep. 187. pl. 130. for Life and the one make a Lease for 80 years to begin after his death and after dies this is a good Lease against the Survivor If a Lease be made to the Brownloe's 2 part p. 206. the end Dr. Stud. l. 2. c. 33. f. 120. a. b. See Cowel's Inst p. 193. Husband and Wife yielding a greater Rent then the Land is worth in this case if the Husband die the Wife may refuse the occupation of the Land and so be discharged of the Rent but if the Husband overlive the Wife and die his Executors if they have Asserts to pay the Rent to the end of the term may not refuse thé Lease but if they have not Assetts they may wave the occupation and by special pleading discharge Finch l. 1. c. 3. p. 31. 4 E. 6.68 b. See Co. 5 l. in Brudenel's case themselves If a Lease be made to A and B for their Lives in this case if either die the other shall have all during his life for it is an Interest Philipps Pr. of Law 131. If a Woman make a Lease at Henstead's case 36 37 El. C. B. Co. 5. l. f. 10. See M. ●7 El. in C. B. r●t 16●4 Will reserving Rent and after take Husband yet the Lease at Will continues still and if a 3 H. 8. Vid. Keilwaye's Rep. f. 162. Terms of the Law verb. Counte●mand Feme sole who is Lessee at Will take Husband yet the Lease at Will is still good If Husband and Wife make a Lease at Will of the Co. 1 part of Inst f. 55. b. Wives Lands reserving Rent and the Husband dieth yet the Lease at Will continueth and so it is if two make a Lease at Will to two others if either one of the Lessors or Lessees die yet the Lease is good If Tenant at Will lease for Years in his own name it is a 2● H. 6.3.22 E. 4. 5. Co. 1 par Inst l. 57 a. 12 E. 4.12 Disseisin and the Lessor may have Trespass against the Grantee of the Lessee at Will If a man lease to one at Will 21 H. 6. f. 42. Kitchin 237. a. and the Lessor dies the Will is gone If I let Lands in which are 9 E. 4. f. 37. per Needham Mines or Trees I cannot enter to take the Trees or Mines but am a Trespasser unless I reserve such a privilege to my self when I let the Lands All Feoffments Gifts Grants Perkins 16. Co. on Lit f. 253. b. 14 Ass pl. 20. Plo. 18. a. Vide Philipps Principles of Law p. 4. and Leases made by Duress of Imprisonment are voidable and that not onely by the parties themselves but by their Heirs and by those who have their Estates If the Lessor come upon the Finch l. 1. c. 3. p. 57. Vid. Hunt Downam's case Pasc 16 Jac. B. R. C●o. 2 part 478. ground leased he is no Trespasser for it shall be intended that he came to see if Wast were done Although a Lessee for Years Styles Regestum Practicale p. 198. Pasch 1650. in B. R. do lose his Indenture of Demise of the Lands let unto him yet he shall not lose his term in the Lands let by Indenture which is lost if it can be proved any way that there was such a term let to him by Indenture and that it is not determined and so it is of any other Estate in Land if the Deed that created the Estate be lost if it can be sufficiently proved that there was such a Deed made and that such an Estate was conveyed by Deed. If Tenant for term of years or any other Tenant be outed or if they die their Executors or they if living shall have reasonable time and free liberty to come and fetch away their Utensils and other goods out of the Lessor's House CHAP. V. Of Corn sown where the Tenant is outed or the Term determines before it be ripe who shall have it and also of Estovers and Trees blown down c. IF Tenant at Will sow the ●leta l. 3. c. 13. Co. 1 part Inst f. 55. a. 11 ● 4. f. 90. Vide Philipps Pr. of Law p. 86. Land he shall have free liberty to come and cut and carry away his Corn although the Lessor put him out before it be ripe But if Tenant for Years sow Co. on Lit. f. 55. a. b. Lit. ●h Tenant at Will See the Clerk of Assize p. 60. the Land and his term end before the Corn be ripe the Lessor shall have it without it be covenanted between them that he shall have his way-going Crop as they call it in Yorkshire and the reason of this is because the Tenant did know when his term would end and it was his folly to sow Corn that would not be ripe till the term were expired If Lessee at Will set Roots or sow Hemp or Flax or any annual Co. ubi suprá 18 E 4.18.10 Ass pl. 6. profit if after they be planted the Lessor out him or if the Lessor die yet the Lessee or his Executors shall have that year's Crop But if he plant young Fruit-trees Co. ubi suprá Temps E. 1. Br. 25. or young Oaks Ashes Elmes c. or sow the ground with Acorns if he be outed by the Lessor he shall have none of these because they yield not present annual profit Every Tenant that hath an Estate incertain shall have the Co. ibid. 7 Ass 19. Corn sown by him though he be ousted before it be ripe Co. ubi suprá 10 E. 3.29 See in Sir Henry Knivett Pool● case Goldsborough's Rep. p. 143. pl. 60. Co. 5. l. f. 85. See the Clerk of Assize p. 60. If Tenant for Life soweth the ground and dy before the Corn be ripe his Executors shall have it and Grass if it be cut but not Meadow unmown for that is part of the Inheritance till it be severed The like Law is of the Lessee Co. on Lit. f. 55. b. for Years of Tenant for Life If a man be seised of Land in Co. ibid. 7 Ass pl. 10. Perkins 518. Swinburn's Wills 3 part sect 6. p. 163. Dyer 316. 8 Ass 21. Vide Pacis Consultum p. 83. right of his Wife and sow the Land and die his Executors shall have the Corn but if they be Joynt-tenants of Lands and the Husband soweth the ground and dieth the Wife shal then have it If A lease Land for the life of B and sow the Land and before the Corn be ripe B dies yet notwithstanding A shall have the Corn for his Estate was determined by the Act of God The same Law is of a Woman Cowell's Inst p. 141. Fulb. par f. 37. b. Perkins 513. Swinburn ubi suprá Tenant for Life or in Dower who takes Husband and he sows the Land and before the Corn