Kimball v. Pike
Superior Court of New Hampshire
Debt, for rent on a lease. The plaintiff' offered in evidence an indenture of lease between Ezra Niles and the defendant, dated March 4, 1840, by which Niles leased to the defendant certain premises in Haverhill, and the defendant covenanted to pay a certain rent per year.
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Debt, for rent on a lease. The plaintiff' offered in evidence an indenture of lease between Ezra Niles and the defendant, dated March 4, 1840, by which Niles leased to the defendant certain premises in Haverhill, and the defendant covenanted to pay a certain rent per year. The term of the lease was for live years, commencing March 9, 1840. The lease was assigned to the plaintiff’ by Niles, January 4, 1842. The declaration was for the rent for two years, commencing March 9, 1843. The defendant pleaded the general issue, with a brief statement, under which he offered a mortgage deed of the same…
1Opinion of the CourtParker, C. J.
The general principle is that rent reserved, and not due, is incident to the reversion, and passes with it to the assignee. 2 N. H. Rep. 454, York v. Jones; 16 Mass. 1, Keay v. Goodwin; 7 Pet. 596, Scott v. Lunt; 8 Cowen 206, 209, Demarest v. Willard; 3 Penrose & Watts (Penn.) 406, Johnson v. Smith. And the rule is the same where the assignment of the reversion is by mortgage instead of being by an absolute conveyance. Doug. 270, Moss v. Gallimore; 1 D. & E. 383, Birch v. Wright; 3 Met. 76, Burden v. Thayer; 15 Mass. 269, Fitchburg Man. Co. v. Melvin; 1 Vt. 457, Babcock v. Kennedy. Wheeler v.…
2Cases cited5 opinions
- Keay v. GoodwinMassachusetts Supreme Judicial Court · 1819
- Scott v. Ezra Lunt's AdministratorSupreme Court of the United States · 1833
- Patterson v. CaldwellCourt of Appeals of Kentucky · 1859
- Babcock v. KennedySupreme Court of Vermont · 1829
- York v. JonesSuperior Court of New Hampshire · 1822