Bayly v. Baxter, 1 N.C. 128, 1 Mart. 128 (1793)

1793 · United States Circuit Court for the District of North Carolina

1 N.C. 128, 1 Mart. 128

Bayly vs. Baxter.

Pasch. 2 Car.

A LEASE was made of a manor, rendering rent £. 10 per annum, and 100 couple of conies, to be delivered weekly, between St. Bartholomew's and St. James' feasts, so many and in such a manner as the lessor may appoint. He brought debt for the rent in debet and 49 conies in the detinet; and on a plea of the general issue, it was found for the plaintiff, and several damages were given. It was now objected that it is not alledged that the lessor had appointed in what manner they should be delivered.

Jones, J.

If rent be reserved, as £. 40 per annum, payable weekly, as the lessor will require, although the lessor does not require it, he shall have debt for the rent at the year’s end. Likewise if a certain quantity of corn or hay be reserved. But it would in this case be a very great inconvenience; the warren may thereby be destroyed.

Doderidge, J.

If one grant estovers to be taken yearly, and none be taken for one year: they shall not be taken the next. In this case it would destroy the warren, if all were delivered at one time. He ought to shew a particular request, with certainty.

Whitlock, J. It is a rent here.

Crew, C. J. concurred with Whitlock, J.

So the court was divided—ideo adjournatur.