Surry's Case

Court of King's Bench

Surry's Case

1 N.C. 807

DecidedJuly 5, 1793

StatusPublished

This text of 1 N.C. 807 (Surry's Case) is published on Counsel Stack Legal Research, covering Court of King's Bench primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Surry's Case, 1 N.C. 807 (kingsbench 1793).

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Opinion

Barksdale. "During the term" shall be taken for the whole term; quiaindefinitum universali aequipollet, and the subsequent words to the lessorand his assigns, do not abridge it. When there is a repugnancy between words, the law regards those first spoken. 2 E., 2. Feoffments, 94. So that it seems that if one leases land, rendering annually during the term £ 10 to the lessor for 20 years, this, nevertheless, is a good reservation, during the whole term. So in 5 Rep., 19. Lease to two, habend.jointly, and severally, they are joint tenants. For the first words have the preeminence. Likewise in cases of reservation, Com., 171; 5 Rep., 111; 29 H., 8, 19, where it was said by Audley, if one makes a lease of a house reserving his dwelling, the reservation determines on his death. Aliter, if he had reserved it during the term. Palm., 481; Bendl., 182; 3 Cr., 288. *Page 808

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Barksdale. "During the term" shall be taken for the whole term; quiaindefinitum universali aequipollet, and the subsequent words to the lessorand his assigns, do not abridge it. When there is a repugnancy between words, the law regards those first spoken. 2 E., 2. Feoffments, 94. So that it seems that if one leases land, rendering annually during the term £ 10 to the lessor for 20 years, this, nevertheless, is a good reservation, during the whole term. So in 5 Rep., 19. Lease to two, habend.jointly, and severally, they are joint tenants. For the first words have the preeminence. Likewise in cases of reservation, Com., 171; 5 Rep., 111; 29 H., 8, 19, where it was said by Audley, if one makes a lease of a house reserving his dwelling, the reservation determines on his death. Aliter, if he had reserved it during the term. Palm., 481; Bendl., 182; 3 Cr., 288. *Page 808

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Bluebook (online)

1 N.C. 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/surrys-case-kingsbench-1793.