Bedfordshire Archives Service Catalogue
  • Reference
    HF41/7/8/79
  • Title
    The Law Journal; Account of Manisty v Archdale, regarding the George Powers Affair (actually the Motion HF41/7/8/70)
  • Date free text
    6 Dec 1890
  • Production date
    From: 1890 To: 1890
  • Scope and Content
    describes: a) Lease of Campton Farm to Herbert Powers on a year to year tenancy. On giving up the tenancy the tenant has the right to consume all hay, straw and roots on the land. Anything unconsumed to be paid for by the Landlords at market price and left for them or their incoming tenant. On expiration of the Lease, the tenant to retain limited use of the Barns etc for the purpose of threshing corn grown in his last year of occupancy. b) Conditions of Sale under which Archdale bought the farm include clause mentioning the sale was conditional on the rights of the outgoing tenant. Purchase money to be paid by 29 September. c) By Michaelmas 1890 George Powers was in arrears of Rent d) The actual payment of purchase money was not made until 13 October. [For reasons see HF41/7/8/55, 60 & 61]. The purchaser was then admitted to the property but no legal conveyance was executed.Therefore the Mortgagees were still the legal owners Judge Stirling declared that: i) as the Law Life Society were still the legal owners, they were entitled to make an Order through E.Hart, their Receiver, to distrain the hay & straw on the farm in lieu of unpaid rent. ii) BUT they were also in the position of trustees of the estate for the Purchaser. They could not, therefore, be permitted to exercise their right to distrain in this case when it would deprive the purchaser of the benefit incident to his ownership
  • Reference
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