References: [1798] EngR 237, (1798) 1 Bos & Pul 326, (1798) 126 ER 930 (B)
Links: Commonlii
If A, tenant for life subject to forfeiture, remainder over to B., lease to C. for a term, and afterwards apprehending that he has forfeited, acquiesce in B.’s claiming and receiving the rent from C., his executor may, on shewing that be acquiesced under a false apprehension recover from C. the amount of the rent erroneously paid to B.
This case is cited by:
- Cited – Doe D Lord -v- Crago CCP ([1848] EngR 487, Commonlii, (1848) 6 CB 90, (1848) 136 ER 1185)
The lease had been granted for 99 years or until the earlier death of the last of three people. The assignee of the lease stayed in possession long after the death of such survivor, paying the rent as reserved. He said that the lessor had known of . . - Cited – Javad -v- Aqil CA ([1991] 1 All ER 243, [1991] 1 WLR 1007, Bailii, [1990] EWCA Civ 1, [1990] 61 P & CR 164, [1990] 41 EG 61)
A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down.
Held: The tenant’s appeal failed. It was inferred . .