York v. Jones
Superior Court of New Hampshire
Where A. haying leased lands to B. at an annual rent, and before any rent became due, conveyed the reversion to C., who conveyed the same to É. ; it was held, that the rent passed as incident to the reversion, and became extinct. Üpon a general demurrer, it is no objection to a plea, that it amounts to the general issue. This was an action of debt.
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Where A. haying leased lands to B. at an annual rent, and before any rent became due, conveyed the reversion to C., who conveyed the same to É. ; it was held, that the rent passed as incident to the reversion, and became extinct. Üpon a general demurrer, it is no objection to a plea, that it amounts to the general issue. This was an action of debt. The first count was as follows: “ For that the plaintiff, on the 16th July, 1817, de-u mised, granted, and to farm let the following tract of land, •l with the dwelling-house and barn thereon, situate and be- “ ing in said Claremont, &c., to hold…
1Opinion of the CourtRichardson, C. J.
The proper plea in this case would have been, the general issue of nil debet ;(1) and the only objection to the plea of the defendant in point of form seems to be, that it amounts to the general issue. But the plaintiff cannot avail himself oí this objection upon a general demur*456rer, as this demurrer must be considered. 1 Chitt, PI. 498. —1 Sound, 161, note 1, and 337,h., note 3. ■
Before any rent became due, the plaintiff’s reversion passed to the defendant, and there is no doubt that the rent passed as incident to the reversion, and became extinguished. 10 Coke 127, dune's case.—Cro. Ja. 309,…
2Cited by2 opinions
- M'Murphy v. MinotSuperior Court of New Hampshire · 1827
- Kimball v. PikeSuperior Court of New Hampshire · 1846