5 D.C. 539
Decided March 15, 1839
Replevin; avowry for $90 rent arrear, under an indenture of lease from W. Prout to John Chalmers, Jr., dated December 1, 1816, for twenty years, of the whole square, No. 876, in the city of Washington, at $20 a year, clear of “ all taxes, charges, rales, or assessments whatsoever, which may become due on said piece of ground,” with a clause of reentry, “ if the said yearly rent of ¡§20, hereby reserved, or any part thereof, shall be unpaid at the expiration of sixty days…
Decided 1839-03-15
¶1The Court also decided, that under a reservation of “ $20 a year rent clear of all taxes and charges,” the tenant is bound to pay the taxes as well as the rent, although the lease contain a clause of reentry “ in case the said rent of $20, or any part thereof, should remain unpaid for 60 days,” &c.
¶2Verdict for the defendant.