Abdee's case
Concurring Opinion
concurred. It is an encroachment on the court of Chancery, to give remedy when the deed is lost.
Per totam curiam. A suit may be brought there for the deeds; bur not for the rent or annuity.
Doderidge, J. I knew a bill thrown out of court brought by the devisee of a rent seck. M. 3 Car. B. A. 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.
Jones, J. There is a great difference between the court of Chancery and that of Requests. C. L. 147.
Opinion of the Court
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.....
.... 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.