Opinion
(1793.)
Tenant in fee granted a rent for life, and made a lease for years of the land; the grantee supposing that he had lost the deed and that it had fallen into the hands of the lessee, sued him for the rent.
If the lessee for twenty-one years grants a rent for life, it is good during the term, and it is a chattel.
I would not trust it in the court of requests. . . .
JONES, J. . . .to sue for the rent, on the supposition that the deed is lost. For it is contrary to a main principle of law. And when the lessee, as here, denies the truth of the fact, they ought not to proceed over.
I knew a bill thrown out of court brought by the devisee of a rent seck. M. 3, Car. B.R. Miller sued in the Court of Requests because he had lost his bond, and a prohibition was granted although it was said at the bar that the grantee of the rent seck, who had lost his bond, was relieved in Chancery.
There is a great difference between the Court of Chancery and that of Requests. C. L., 147.