A. makes a lease by indenture to B. for 31 years if C. so long lives ; C. is dead at the time ; this lease is absolute. A. covenants by this indenture with B. that he A, has full power to demise this land to B. as aforesaid ; in covenant brought by B, against A. UPON this, he need not shew how A had not full power : it is sufficient for him to declare generally that A. had not full power: for what power he had lies in the knowlegde of the covenant and not in the knowledge of the covenantee.
A. makes a lease to B. if C. lives for 31 years, and C. is dead at the time; this lease is void : for the condition is precedent. A lease for 31 years is made to A. to begin after a lease for 21 years made to C. shall determine ; whereas in truth no lease was made to C. this lease to A. shall begin immediately. The law requires truth and convenient certainty in counts and pleadings : this certainty ought to be shewn by him, who, in intendment of law, has the most certain knowledge of it.
Citations:
[1220] EngR 59, (1220-1623) Jenk 305, (1220) 145 ER 222 (B)
Links:
Landlord and Tenant
Updated: 18 May 2022; Ref: scu.460971
