Fairclough v Marshall: CA 1878

The plaintiff owned land charged by a previous owner who had rented it subject to the defendant’s predecessor subject to a covenant not to use it as an beerhouse. The defendant now used it as a beerhouse, and said that since the plaintiff had mortgaged his interest he had no right to enforce the covenant.
Held: The plaintiff could enforce the covenant under the 1873 Act and under the general principles of equity, and did not have to join in his mortgagee.

Judges:

Bramwell LJ

Citations:

(1878) 4 Ex D 37, [1878] 48 LJQB 146, [1878] 39 LT 389, [1878] 27 WR 145

Statutes:

Judicature Act 1873 25(5)

Jurisdiction:

England and Wales

Cited by:

CitedScribes West Ltd v Relsa Anstalt and others CA 20-Dec-2004
The claimant challenged the forfeiture of its lease by a freeholder which had acquired the registered freehold title but had not yet registered its ownership. The second defendant had forfeited the lease by peacable re-entry for arrears of rent, and . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 15 May 2022; Ref: scu.276788