Demise for life. Memoran dum in mar A demise by A. to B. for the term of his natural life, may enure as a demise, either for the life of A. or of B., according to circumstances. (0) It was held that a memorandum written in the gin of draft. margin of a draft of a lease, whereby the tenant engaged to pay rent for the preceding half quarter. was admissible in evidence for the purpose of negativing a plaintiff's claim.(p) Printed forms for leases. of counterpart. Habendum. Over payment to landlord. A printed instrument, purporting to be a form of a demise of a farm, had originally contained in the habendum words creating a tenancy from year to year; but on producing the instrument in evidence, they were found to be struck through, and were proved to have been so struck through before the execution of the instrument by the party charged. The remaining words of the demise were, • Fur the term of one year, fully to be complete and ended," and stood immediately preceding those which had been struck out. However, many subsequent stipulations remained in the lease, which seemed to be only applicable to a tenancy not longer than a year, or determinable by notice to quit; it was held, first, that the words struck through might be looked at to ascertain the real intention of the parties in so erasing them, and consequently that the tenancy was for one year only; and next, that the stipulations inapplicable to such a tenancy, must be considered as struck out, rent to the lessee by his undertenants for a number of years, is sufficiet evidence of the lessee's interest under such lease.-Id. (The estate of the lessee is not determined by the loss of the lease, so that the existence of the term can be proved, for the estate is derived from the lessor, and not from the lessee, otherwise than as it shows the intention of the parties, which i# not altered by the loss of the instrument of demise.-Road c. Brookman, 3 Term Rep. 351. (0) Doe d. Pritchard v. Dodd, 2 Nev. & M. 838. 5 B. & Adol. 6. Semble, that if the habendum be to B., his executors, administrators, sal assigns, a presumption is created in favour of a devise for the life of A.-Id. Such a presumption is confirmed by a covenant by A. with B. fe quiet enjoyment during the life of A.-Id. Such a covenant per se would amount to a demise.-Id. (p) Cowne v. Garment, 1 Scott, 275. 1 Bing, N. R. 318, This was an action of assumpsit for money had and received, to recover back a sim alleged to have been overpaid by a tenant to his landlord, upon a settlemeut between them, in relation to a distress for arrears of rent, where i appeared that the defendant held the premises under a lease from Michaelmas, 1832. Semble, that assumpsit was the proper form of action, and not case for an excessive distress.-Id. or as surplusage, unless the tenancy should continue for more than a year.(2) If, under a parol demise for more than three Parol deyears, void by the statute of frauds, the lessee mise. enters and becomes tenant from year to year, he is bound by an undertaking to repair contained in such void demise.(r) ment and A lease from a certain day commences on the Commencenext day. (s) The words, "From the day of the duration of date," mean either inclusive or exclusive, accord- term, (Date.) ing to the context and subject matter; and the court will construe them so as to effectuate the intention of the parties.(t) A lease of lands by deed, to hold from the feast of Saint Michael, must be taken to mean from New Michaelmas, and cannot be shown by extrinsic evidence to refer to a holding from Old Michaelmas.(u) A lease for one year, and so on two or three years, as the parties shall agree, means for two years; and, after every subsequent year begins, is not determinable till that be ended.(v) A lease for years, if the lessee so long live, with a remainder, to another for the residue of the term, must be construed to give the remainder man a power to enjoy during all the residue of the years to come.(w) A general parol demise at an annual rent, where the bulk of the farm is enclosed, and a (q) Strickland v. Maxwell, 2 C. & M. 539. 4 Tyr 346. By the same Way-going instrument of demise, after a covenant for payment of rent by the tenant, crop and it was agreed, "that in case the tenant should duly observe and perform right of posthe several covenants and agreements thereinbefore contained on his part session of and behalf," and should peaceably quit the farm in pursuance of notice to out-going do so, he should be entitled to away-going crop, to be taken from lands in tenant. seed or turnips the previous summer; such crop being to be left for the landlord, or his in-coming tenant, at a valuation to be made by arbitrators or au umpire; it was held that this clause did not give the tenant the right of possession of the land to the exclusion of the landlord, after the determination of the year's tenancy, but at most only a right to go on the land to improve the crop, and that the landlord might maintain trespass, quare clausum fregit, for taking possession of the crop, and hindering him from having the use and occupation of the land after the year was expired.-Id. (r) Richardson v. Giffard, 3 Nev. & M. 325. 1 Adol. & Ellis, 52. (s) Lofft, 275. (t) Pugh v. Leeds (Duke), Cowp. 714. (u) Doe d. Spicer v. Lea, 11 East, 312. (v) Harris v. Evans, 1 Wils 262. Amb. 329. But it is a lease for one Lease for year only without such subsequent agreement.Id. (w) Wright d. Arm v. Cartwright, 1 Burr. 282. 1 Ld. Ken. 529. one year. Optional number of years. Limited demise. small part in the open common fields is only a lease from year to year, and not for so long as the usual round of husbandry extends.(x) Demise of freehold and copyhold lands at an entire rent, habendum as to so much as was freehold for twenty-one years, and so much as was copyhold for three years. warranted by the custom and a covenant for the renewal of the lease of the copyhold every three years, toties quoties, during the twenty-one years under the like covenants; and that in the mean time, and until such new leases should be executed, the lessee should hold the said land, as well copyhold as freehold; it was held that this was only a lease of the copyhold for three years, and that the lessor after the three years might recover the premises in ejectment against the lessee, there not having been any fresh lease granted. (y) A lease to A. B., his executors, &c., for a year, and so on from year to year, so long a time as it shall please the lessor, and A. B., his executors and administrators, does not expire on the death of A. B., but vests in his executors. (~) A lease for seven, fourteen, or twenty-one years, as the lessee shall think proper, is a good lease for seven years, whatever it may be for fourteen or twenty-one years. (a) Lease of lands by indenture for twenty-one years, with a proviso that it should be determinable by lessee or lessor, at the end of the first seven or fourteen years, a memorandum indorsed six years after the execution of the lease, "of its being agreed between the parties preciously to the execution, that the lessor shall not dispossess, nor cause the lessee to be dispossessed. of the said estate, but to have it for the term of twenty-one years from this present time;" which (x) Roe d. Bree v. Lee, 2 W. Black. 1171. Upon a demise "unt Michaelmas next, and no longer," with the privilege of using part of the premises for specific purposes till Lady Day following, ejectment may be brought for those parts to which the privilege does not extend in the interval between Michaelmas and Lady Day.-Doe d. Walters v. Haughton, 1 M. and R. 208. (y) Fenny d. Eastham . Child, 2 M. & S. 255. (z) Mackay v. Mackeeth, 4 Doug. 213. 2 Chit. 461. memorandum was signed by the parties, and stamped with a lease stamp, but not sealed; it was held that the lessor might notwithstanding determine the lease at the end of the first fourteen years, for the memorandum did not operate as a new lease, and surrender of the first lease. (b) If a lease be granted for seven, fourteen, or twentyone years, the lessee only has the option at which of the above periods the lease shall determine. (c) A proviso in a lease for twenty-one years, that it might be lawful for either party, his executors or administrators, to determine the lease on notice to the other, his heirs, executors, or administrators, extends to the devisee of the lessor. (d) Where there was an agreement that a tenant should be at liberty to quit at Lady Day, in which case the landlord engaged to take the fixtures at a valuation, or to permit the tenant to let the house; it was held that the construction of this agreement was, that the tenant had an option in the event of quitting.(e) Under a demise of a messuage with all rooms Premises. and chambers, with the appurtenances thereto belonging, is to be understood, all that is occupied together as an entire messuage, at one and the same time; therefore, such a demise will not comprehend a room which had once formed part of the messuage, but which had been separated from it by means of a wooden partition, and had not been occupied with it for many years previous to the demise.(f) Under a lease of premises, "together with all ways appertaining, or with any parts thereof used or enjoyed," a right of way was held to pass, although not expressly mentioned upon (b) Goodright d. Nicholls v. Mark, 4 M. & S. 30. (e) Dann v. Spurrier, 3 B. & P. 399, 442. 7 Ves. jun. 231. S. P. Price Construcv. Dyer, 17 Ves. jun. 363. So where the lease was for fourteen or seven tion of years, on the ground that every doubtful grant must be construed in grant. favour of the grantee.-Doe d. Webb v. Dixon, 9 East, 16. (d) Roe d. Bamford v. Haley, 12 East, 461. (e) Colton v. Lingham, 1 Stark. 39. And a letting by the tenant to an Right of undertenant until Lady Day, is not an exercise of his right of option. option. -Id. (f) Kerslake v. White, 2 Stark. 508. Lease for lives. proof that it was used with the premises at the time the lease was granted.(g) A lease for lives, to begin from the day of the Validity.) date thereof, with seizin delivered afterwards, is good, and shall not be said to convey a freehold to commence in futuro.(h) Where there is a demise of premises, and an entire rent reserved, if any part of the premises could not be legally demised, the whole is void. (i) Lease of lands in which lessor was seized in fee, and of other lands of which he was seized for life, (with a power of leasing,) at one entire rent, and the lease not well executed according to the power; it was held that the lease was good after the death of lessor for the lands in fee, though not for the other lands, for the rent may be apportioned.(j). In an action of debt for rent, where the title to the land is not in question, the defendant is estopped from saying the lease is not a good one; as, that being a lease for lives, it could not be granted without livery of seizin, or by lease and release, or bargain and sale; and that being a lease of a freehold, it could not commence in futuro; for let the lease be what it will, the covenant is good; and if otherwise, the tenant might enjoy the land, and yet the landlord have no remedy for his rent.(k) A lease was granted in pursuance of an agreement between A. and B., by which "A. agreed to let her house to B. during her life, supposing it to be occupied by B., or a tenant agreeable to A. ;" and a clause was to be added in the lease to give A.'s son an option to possess the house when of age; it was held that such lease only enured for the joint lives of A. and B.(7) Lease by tenaut in tail. Glebe. (9) Kooystra v. Lucas, 1 D. & R. 506. 5 B. & A. 830. But see Harding v. Wilson, 3 D. & R. 287. 2 B. & C. 96. Morris v. Edginton, 3 Taunt 24. Crisp v. Price, 5 Taunt. 548. (h) Freeman d. Vernon v. West, 2 Wils. 165. (i) Doe d. Griffiths r. Lloyd, 3 Esp. 78. And if a tenant in tail reserves an entire rent upon a farm in which some leasehold Isnds are mixed with the entailed lands, the lease is not good against the reversioner.- Reese d. Perkins v. Phillins, Wightw. 69. (j) Doe d. Vaughan v. Meyler, 2 M. & S. 276. (k) Monroe v. Kerry (Lord), in error, 1 Bro. P. C. 67. (1) Doe d. Bromfield c. Smith, 6 East, 530. 2 Smith, 570. 2 T. & R |