A quare impedit is brought against the patron and incumbent to present to a rectory, of which the incumbent has made a lease for years to B. by deed ; in this case the patron of the incumbent confesses the action: the lessee for years is not relievable ; although he comes before judgment and shews his lease, and shews the title of his lessor, and the fraud and collusion : for a parson incumbent may, when he will, resign his rectory, and avoid his lease; and the absence of a parson for the space of 80 days in a year shall avoid the said lease ; also if he will suffer a judgment and recovery of it against him, such recovery shall avoid the said lease. The statute of Glocester is to be understood of leases made by such lessors as could not defeat sruch leases by their own acts.
Citations:
[1220] EngR 356, (1220-1623) Jenk 200, (1220) 145 ER 135 (A)
Links:
Ecclesiastical, Landlord and Tenant
Updated: 18 May 2022; Ref: scu.461268
