1833.

DOE dem. PRITCHARD aguinst

DODD.

on the said piece or parcel of land 440l. in building, &c. as also the expenses of leases, &c. And the said John Pritchard agreed to grant a lease of the said premises when thereunto required." The indenture then further recited, that a commission of bankrupt had issued against J. Pritchard, under which he had been duly declared a bankrupt, and his estate assigned to Kemp and Corrick; and it then proceeded as follows: —

"Now this indenture witnesseth, that in pursuance and performance of the aforesaid agreement, and in consideration of the trouble and expense the said John Adams hath been at and put unto in erecting and building the messuages and tenements erected and built by him in pursuance of such agreement, on the said piece or parcel of land hereinafter leased and demised, or intended so to be, as also in consideration of the rents, covenants, and agreements hereinafter reserved and contained; and which, on the part and behalf of the said John Adams, his executors, administrators, or assigns, are to be paid, done, and performed, they, the said 2. Kemp and J. Corrick, at the request and by the direction of the said John Pritchard, testified by his being a party to and executing these presents, have, and each of them hath, demised, leased, set, and to farm letten, and by these presents do, and each of them doth, demise, lease, &c.; and the said John Pritchard hath also demised, &c., and by these presents doth demise, &c. unto the said John Adams, his executors, administrators, and assigns, all that piece or parcel of a field, called the Clay Pit Field, situate, &c. containing, &c. of which said piece or parcel of land the said John Pritchard was, and is, tenant for life under the will of Andrew Pritchard, late of, &c., and which is the same piece or parcel of

land

1833.

Doɛ dem.

against DODD.

land and premises as was agreed to be leased by the said John Pritchard, to the said John Adams by the said agreement, on which the said John Adams hath already PRITCHARD erected three messuages or tenements, together with all yards and gardens, &c., and appurtenances whatsoever to the said piece or parcel of land, messuages, or tenements belonging, or in any wise appertaining: To have and to hold the said piece, or parcel of land, messuages, or tenements and premises, with all and every the appurtenances, unto the said John Adams, his executors, administrators, and assigns, from Midsummer-day now last past, for and during the term of his natural life, yielding and paying therefor, yearly and every year, during the continuance of the said term, determinable as aforesaid, unto the said Z. Kemp and J. Corrick, their heirs and assigns, the yearly rent," &c.

Then followed a covenant by Adams, for himself, his executors, administrators, and assigns, "at all times during the continuance of the term thereby demised, determinable as aforesaid," to pay the said rent to Kemp and Corrick on the stated days. Covenant, by and for the same parties, to repair and keep in repair the messuages erected, and that might be erected on the said premises, and the said premises, &c., so repaired, &c., " at the end of the said term, or other sooner determination of this lease by the death of the said John Pritchard or otherwise," peaceably and quietly to yield up to Kemp and Corrick, their heirs and assigns. Covenant for liberty to K. and C. to enter and view the state of repair, and to give notice of defects, which Adams bound himself, his executors, &c. to repair within three months after such notice. Covenant for the re-entry of K. and C., their heirs and assigns, upon Adams, his executors, &c. if the

rent

1833.

Doɛ dem. PRITCHARD against Dodd.

rent should be in arrear, or repairs undone, &c. Covenant by K. and C., and J. P., for themselves, their heirs, executors, &c. to Adams, his executors, &c., that Adams, his executors, administrators, and assigns, paying the said rent and performing the said covenants, "shall and may peaceably and quietly have, hold, use, occupy, possess, and enjoy the said piece or parcel of land, messuages, or tenements, and all other the said hereby demised premises with the appurtenances, during the natural life of the said John Pritchard, without any lawful let, suit, trouble, denial, eviction, &c. of, from, or by the said 2. Kemp, J. Corrick, and John Pritchard, or any of them, or of, from, or by, any person or persons lawfully or equitably claiming by, from, or under, or in trust for them, or any of them."

Sir James Scarlett and Comyn, in this term, shewed cause against the rule, which was supported by F. Pollock. Every material observation upon the lease will be found in the judgments delivered by the Court.

DENMAN C. J. I thought, upon the trial, that the granting part of this lease was all that I could properly look to; and, referring to the name which stood as the last antecedent to the words "his natural life" in that part of the lease, it seemed to me that the whole must be construed as a grant of lease for the life of John Adams only, though there was every appearance of a different intention in other parts of the deed. But, looking to the covenant for quiet enjoyment, which expressly declares that the lessee shall occupy during the natural life of John Pritchard, to the evident intention of the whole instrument, and to the circumstance of

the

the demise and covenants being made to Adams, "his executors and administrators," I am now of opinion that the lease must be taken to have been granted for the life of John Pritchard, and not of that party whose executors and administrators are included with himself in the grant.

PARKE J. I am of the same opinion. I do not, however, think that the covenant for quiet enjoyment, in this deed, of itself constituted a demise for the life of John Pritchard. It is true that any words which express the intent of giving possession for a certain time may, in construction of law, amount to a lease; but here there is a regular lease by proper words of demise. The covenant for quiet enjoyment cannot operate of itself as a lease, though it may assist in construing that lease. The words of the demise are, that Pritchard doth demise, set, and to farm let, the premises unto the said John Adams, his executors, administrators, and assigns, from Midsummer day last, "for and during the term of his natural life." The next antecedent to "his" is certainly the name of John Adams; but the other words. shew that the intention was to convey an interest, not merely to John Adams, but to his representatives after his death. It follows that the life contemplated was the life of Pritchard; and this construction is the most beneficial to the grantee. And then comes the covenant for quiet enjoyment, which shews clearly the intention of the grantor in the previous parts of the instrument.

TAUNTON J. The words of demise are certainly important, but they are not conclusive. When A. demises to B., for the term of his life, the word "his" would, in ordinary construction, apply to B. as the last antecedent.

1833.

Doɛ dem. PRITCHARD

against DODD.

1833.

DOE dem. PRITCHARD against Dond.

antecedent. But instances perpetually occur where that word is used, and does not refer to the last party named. The words of demise are, at most, ambiguous, and being so, they may derive explanation from the other parts of the instrument. Then the covenant for quiet enjoyment during the natural life of Pritchard tends very strongly to expound the intention of the parties. It is not necessary to say that such a covenant would operate here as an actual demise; though it is a doctrine as old as the year-books (a), that a licence to enter and occupy land amounts to a lease. But the covenant, as it stands here, is a very strong proof of the intention to grant for Pritchard's life, and not that of Adams.

PATTESON J. The word "his" in the demising clause is ambiguous; but then comes the covenant, that Adams shall quietly enjoy during Pritchard's life, which alone would satisfy me that a lease for Pritchard's life was contemplated in the demising clause. The whole instrument, taken together, suggests that construction. The executors and administrators of Adams would not have been named if the demise intended had been only for his life.

Rule absolute.

(a) 5 H. 7. 1. Bac. Abr. Leases, (K), p. 817. 7th ed.