36 Va. 446 | Va. | 1838
This is an action of covenant, brought by a lessee for life against his lessor, for evicting him from the possession. There is a demurrer to the declaration, and the covenant itself being no part of the record, the simple question is, whether the declaration sufficiently sets forth an express or implied covenant for quiet enjoyment.
To maintain the affirmative, the counsel for the plaintiff in error has contended that a covenant for quiet enjoyment is implied from the very words of the lease,
It is said, however, that in every lease for life reserving rent, a warranty is implied; and upon this foundation the counsel has endeavoured to rest his case. It cannot, however, serve his purpose. We are all clearly of opinion that the case, as set forth in the declaration, does not, with needful precision, shew a lease reserving rent. The reservation of rent is attempted to be implied from the use of the expression “ rented.” But in this connexion, the reservation of rent is not necessarily implied from the use of the term. It is merely used in the looser sense of “ leased or demised.” If the pleader had designed to bring himself within the principle now relied upon, be ought to have set out the reservation distinctly, that the court might as distinctly have seen that the lease was one from which a warranty was implied. He has not done so, and the principle therefore cannot apply.
If, however, the declaration were not defective in this regard, still the action would not lie. Admit the implied
Upon the whole, I am of opinion to affirm the judgment.
The other judges concurred. Judgment affirmed.