A makes a lease of certain land for 21 years the 31 January, 26 Eliz. to begin from the feast of Christmas last passed, rendering certain rent at Christmas yearly, during the term, which lease ends at Christmas 2 Jac. 1. A by common recovery conveys the reversion to B before Christmas, 2 Jac. 1. B. brings debt for this rent, and does not shew in what action the recovery was had, and says that on the first of February, the 2 Jac he had the reversion ; which is not possible; for the lease had ended before, viz. at Christmas, the 2 Jac and the recovery is insufficiently pleaded : yet B in debt for this rent had judgment, affirmed in error. For B had the reversion wheri the rent was due at Christmas, and the said allegation of the reversion being in him on the first of Feb the 2d of James was surplusage : and although the recovery was erroneous, a stranger shall not take advantage of it. Res inter alios acta nemini nocet.
Citations:
[1220] EngR 509, (1220-1623) Jenk 322, (1220) 145 ER 234 (C)
Links:
Landlord and Tenant
Updated: 18 May 2022; Ref: scu.461421
