1841. CHASE v. GOBLE. use to send it for a new trial. But this case appears to me to differ from Carne v. Brice. There, the title of the assignees was wholly unconnected with that of the trus tees, who claimed the goods. Here, the judgment creditor seeks to shew that the deed under which the claimants derive their title is invalid, and passed nothing to the claimants, because it was an act of bankruptcy. The invalidity of that deed, however, will only affect the property which that deed purports to convey, leaving the title of the claimants to the property contained in the prior mortgages unimpeached. The new trial must be limited to the question as to the parties interested in the property contained in the third deed, and the issue must be framed to meet this state of things. Upon payment of costs there will be a rule absolute for a new trial, as against Hill. BOSANQUET, COLTMAN, and ERSKINE JJ. concurred. (a) The cause was not tried again, it being ascertained that the property seized by the sheriff was not of sufficient Rule absolute accordingly. (a) value to satisfy the prior charges of the 28th of April 1837, and the 21st of April 1838. 1841. ACKLAND V. MARY PRING, Surviving Executrix of THOMAS PRING, deceased. COVENANT. The declaration stated, that one James Troake, before, and at the time of the making of the indenture thereinafter next mentioned, was seised, in his demesne as of fee, of and in the tenements and premises with the appurtenances thereinafter next mentioned to have been demised; and the said James Troake being so seised thereof, theretofore, to wit, on the 15th April 1808, by a certain indenture then made between the said James Troake, of the one part, and the said Thomas Pring, of the other part, profert― the said J. Troake did demise and lease unto the said T. Pring all that messuage and tenement, situate, &c., in West Buckland, in the county of Somerset, then being in the possession of one G. Sheppard, as tenant to the said May 8. A., on the and C., upon owed to D.; and in the next place, should pay to E., F., G., H., and I., 10l. a-piece, as soon as the clear rents and profits of the lands would admit: and from and after the said debt and legacies (amounting in the whole to 1717. 10s. 6d.) should be paid and discharged, A. devised the lands to Z., in fee. A. died on the 20th of May 1811. At the time of A.'s death, the lands were let to K. for 301. a year, under a lease for twenty-one years from the 25th of March 1808. The trusts of the will were satisfied, and the said debt and legacies paid, by B. and C., without any other letting of the lands. Held: that, as no greater estate was required to perform the trusts of the will, &c., B. and C. took only a chattel interest in the lands. In covenant against L., the surviving executrix of K., for a breach of one of the covenants in the indenture of lease, the declaration alleged, that on the death of K. all his estate and interest in the lands came to and vested in L. and one M., since deceased; which said L. and M. were executrixes of the last will and testament of K.; by reason whereof L. and M., as executrixes as aforesaid, became and were possessed, &c. Held: a sufficient averment that the term vested in L. and M. as executrixes. Held, also that it was unnecessary to aver that the term had vested in L. and M. as executrixes; as the vesting of a term in the lessee's personal representatives, together with the liability of such personal representatives to be sued upon the covenants of the lessee, is, in effect, a conclusion of law. (a) Vide post, 954 (b). 1841. ACKLAND 2 PRING . : J. Troake, and all the great tithes thereon arising, together with all outhouses, &c., and appurtenances whatsoever to the same belonging (except as in the said indenture is excepted); to have and to hold the said messuage and tenement and premises, with the appurtenances (except as aforesaid), unto the said T. Pring, his executors and administrators, from the 25th of March then next, for the term of twenty-one years thence next ensuing; and yielding and paying therefore, yearly and every year, unto the said J. Troake, his heirs and assigns, the clear yearly rent of 301. by four quarterly payments. And the said T. Pring did thereby for himself, his executors and administrators, covenant with the said J. Troake, his heirs and assigns, that the said T. Pring, his executors and administrators, should and would well and truly pay, or cause to be paid, unto the said J. Troake, his heirs and assigns, the clear yearly rent of 30%.; as by the said indenture, reference being thereunto had, would (amongst other things) more fully appear. By virtue of which demise, the said T. Pring afterwards, to wit, on the 25th of March 1809, entered into and upon all and singular the said demised premises with the appurtenances, and became and was possessed thereof, for the said term so to him thereof granted as aforesaid. And the said J. Troake, being so seised as aforesaid, afterwards, and before the 1st of January 1838 (a), to wit, on the 11th of May 1811, duly made and published his last will and testament in writing, bearing date the day and year last aforesaid, and signed by him the said J. Troake, and attested and subscribed, in the presence of the said J. Troake, by three credible witnesses, according to the form of the statute in such case made and provided (6), and thereby devised, unto Robert (a) Vide 7 W. 4. & 1 Vict. (b) 29 Car. 2. c. 3. 8. 5. c. 26. s. 34. Blackmore, and William Braddick the elder, the said de mised premises with the appurtenances, upon the trusts, and to and for the ends, intents, and purposes, thereinafter mentioned and declared concerning the same; that is to say; upon trust that they, the said Robert Blackmore and William Braddick, and their heirs, should set and let the said premises, and out of the rents and profits thereof, should, in the first place, pay off and discharge the sum of 1211. 10s. 6d., which the said James Troake did then owe to Mary Dyer his servant; and, in the next place, should pay unto Mary, Hannah, Richard, James, and Joan, sons and daughters of his late nephew Richard Blackmore, deceased, the sum of 10l. a-piece, of like lawful money, to whom he, the said James Troake, gave the same, and to be paid unto each of them by his said trustees, as soon as the clear rents and profits of the said premises would admit of; the eldest of them to be paid first, and so on in rotation, one after the other; and from and after the debt due to Mary Dyer, and the five legacies to the aforesaid five children of the said J. Troake's said nephew, Richard Blackmore, deceased, should be paid off and discharged, he, the said James Troake, gave, devised, and bequeathed the said demised' premises, with the appurtenances, unto John Blackmore, son of the said Richard Blackmore, deceased, to hold the last-mentioned premises, with the rights, members, and appurtenances thereunto belonging, unto the said John Blackmore, his heirs and assigns for ever. And the said J. Troake afterwards, and after the making of the said indenture, and during the term thereby granted, to wit, on the 20th of May 1811, died so seised of the reversion of and in the said demised premises, with the appurtenances, as aforesaid, without altering his said will as to the said devise of the said demised premises with the appurtenances. And the said John Blackmore then became, and was, seised of the 1841. ACKLAND บ. PRING. 1841. ACKLAND V. PRING. reversion (a) so to him devised as aforesaid. The declar ation then set out a conveyance by John Blackmore, of the premises, by lease and release of the 11th and 12th of July 1817, to the plaintiff. By virtue of which lastmentioned indenture, and by force of the statute made for transferring uses into possession, afterwards, and during the continuance of the term by the first-mentioned indenture granted, to wit, on the 12th of July 1817, the plaintiff became, and was, and from thence had been, and still was, seised of and in the last-mentioned reversion (a), of and in the demised premises with the appur tenances, according to the force, form, and effect of the said release and conveyance. Averment:-that the trusts of the said will of J. Troake, after the death of the said J. Troake, and long before the commencement of this suit, and before the rent thereinafter mentioned, or any part thereof, accrued, or fell due, became, and were fully satisfied; and that the debts and legacies therein mentioned became and were duly paid off and discharged, by divers payments made at divers times, to wit, at various times between the said day of the death of the said J. Troake and the 8th of May 1821, by the said Robert Blackmore and W. Braddick, as such trustees as aforesaid; there having been no setting or letting of the said demised premises or any part, except as aforesaid. That the said Thomas Pring continued so possessed of the said demised premises for a long space of time, to wit, from the said 25th of March 1809 until he the said Thomas Pring, afterwards and during the said term to him granted, died, to wit, on the 1st of November 1824; upon whose death, to wit, on the day and year last aforesaid, all the estate and interest of the said Thomas Pring, of, in, and to the demised premises with the appurtenances, came to, and vested in, the defendant and one (a) Or seised in possession subject to the term, post, 832. |