Doe On The Joint And Several Demises Of The Rev H D Broughton And D W Stow v John Gully: 1829

A rector in 1814, and after the 13 Eliz. e. 20, had been repealed, in consideration of 600l, granted, bargained, and sold the rectory and glebe lands, and all tithes, andc for 100 years, to the grantee of an annuity for securing the same, After the passing of 57 G. 3, c. 99, by deed, reciting the grant of the annuity, and that A. B. had agreed to lend the rector 600l to enable him to redeem the annuity, the grantee of the same, in consideration of 600l, by direction of the rector, assigned to A. B. the 600l by him paid for the purchase of the annuity, and the term, and the rector confirmed to A. B. the rectory for that term, for the purpose of securing the repayment of the sum advanced by him to redeem the annuity, as well as other sums : Held, that inasmuch as the term was created after the passing of the 43 G. 3, e. 84, which repealed the 13 Elk. e. 20, against charging bengfices, the assignment of it for the purpose of securing the money paid as the consideration for the annuity, was valid, and vested the legal estate in A, B., although made after the 57 G. 3, c. 99, which, perhaps, revived the 13 Eliz c. 20, so far as related to charges upon benefices.

Citations:

[1829] EngR 58, (1829) 9 B and C 344, (1829) 109 ER 128

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Ecclesiastical, Land

Updated: 05 May 2022; Ref: scu.321926