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Sign up freeThe New Hampshire Gazette And Historical Chronicle
Portsmouth, Greenland, Rockingham County, New Hampshire
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In a major case at the Court of Exchequer in Westminster Hall, Sir James Lowther's 1767 grant of Inglewood Forest from the Crown was ruled invalid due to inadequate rent, leading to his nonsuit against the Duke of Portland, whose family held the lands for over 70 years.
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Yesterday came on before the Barons of the Exchequer at Westminster-Hall, the great cause between Sir James Lowther, Bart. plaintiff, and the Duke of Portland defendant, in consequence of a grant made to Sir James Lowther of the forest of Inglewood, in the year 1767, of lands being for upwards of seventy years in the possession of the family of the Duke of Portland. Their Lordships came into Court about nine o'clock, and after waiting near an hour for Baron Adams, the Chief Baron received a letter from his Lordship, informing him of the impossibility of his attending the Court that day, On account of the death of Lady Adams. The Court then entered into the business of the day, and re-cited all the records and prerogatives of the Crown from Edward the First to the lease made to Sir James Lowther; when, after a full, candid, & most impartial examination of the said lease, it was found invalid, agreeable to the statute made in the first year of Queen Anne, which recites, "that upon every grant, lease, or assurance, there be reserved a reasonable rent not being under the third part of the clear yearly value of such of the said manors, messuages, lands, &c. as shall be contained in such lease or grant." Sir James Lowther's grant from the Crown being only a quitrent of 13s. 4d. for the whole forest of Inglewood, was immediately judged by the Court an inadequate third proportion, and he was NONSUITED accordingly.
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Foreign News Details
Primary Location
Westminster Hall, London
Event Date
Nov. 12 (Case On Previous Day); Grant In 1767
Key Persons
Outcome
lease found invalid; sir james lowther nonsuited
Event Details
The Court of Exchequer examined the 1767 Crown grant to Sir James Lowther of Inglewood Forest, lands held by the Duke of Portland's family for over 70 years. After reviewing records from Edward I and applying Queen Anne's statute requiring rent at least one-third of yearly value, the quitrent of 13s. 4d. was deemed inadequate, invalidating the grant.