Opinion

Sury v. Brown

  • 1 N.C. 99
Court
U.S. Circuit Court for the District of North Carolina
Filed
Jul 1, 1793
Status
Published
Author
Whitlock
On the bench
Crew, Doderidge, Jones, Whitlock
Cited by
0 cases

The opinion

Whitlock, J.

The rent shall continue; for a lease for years is a contract; and the law favours a recompense in every contract; it is natural equity and de jure communi; therefore without consideration by feoffment the land only passes to the use of the feoffor. Thus, when a man makes a lease for years, without reservation, still the law reserves his attendance; it requires a quid pro quo. Dyer 45. 5 rep. Mallorie’s case. Conformity is to be observed in constructions. 10 Rep. Dr. Leyfield’s case: Words shall be taken largely in a reservation. In this case the reservation is rendering rent annually during the term; it is plain that the contract is that the rent shall continue during the term; and the intention was not that it should continue only for life. But if the reservation had been to the lessor only, it would be otherwise. Here it is reserved to the lessor and his assigns. 14 H. 6. 26. is an express authority that the heir shall have the rent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.