Jackson v. Port
Court for the Trial of Impeachments and Correction of Errors
IN ERROR to the Supreme Court. This was an action of covenant brought by Port against Jackson. The declaration, a^ter stat‘ng a lease °f a lot of land in Manchester, in England, made by one Thomas Barlow to the plaintiff, for 1600 years, at annual rent °f 32 pounds 17 shillings sterling, which the plaintiff covenanted to pay to the said T. B. during the term, a^e§e in error, contended, that a good and sufficient breach of the covenant was not assigned in the declaration.
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IN ERROR to the Supreme Court. This was an action of covenant brought by Port against Jackson. The declaration, a^ter stat‘ng a lease °f a lot of land in Manchester, in England, made by one Thomas Barlow to the plaintiff, for 1600 years, at annual rent °f 32 pounds 17 shillings sterling, which the plaintiff covenanted to pay to the said T. B. during the term, a^e§e in error, contended, that a good and sufficient breach of the covenant was not assigned in the declaration. ( Cornyn’s Dig. Pleader, C. 44. 6 Johns. Rep. 49.) That this was a covenant of indemnity, that is, to save the de-fondant…
1Opinion of the Court
The Chancellor.
The question before us arises upon a few plain facts.
* Thomas Barlow, on the 19th of May, 1791, leased to John Port a lot of land in Manchester, in England for 1600 years, at an annual rent of 32 pounds 17 shillings sterling, payable quarter yearly ; and Port covenanted to pay the rent during the continuance of the term, in time and manner aforesaid. After-wards, on the 18th of August, 1792, Port sold and assigned the lot to Jackson, the present plaintiff in error, subject to the payment of the said rent, and Jackson covenanted with Port, that he (Jackson) would perform and…
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