Premises

1.

Literally, some- /? thing put before; hence, matters previously stated; an antecedent or introductory part of a writing.

2.

As used in equity pleading, the term designates what is otherwise called the stating part of the b Ul. Here is presented a narrative of all the facts upon which the plaintiff's case depends, and which he expects to prove on the hearing. These, being consecutively stated in the early part of the bill, are referred to in later portions — the charging part and the prayer, for instance — as " the premises." A similar use is made of the word in declarations at common law, to signify foregoing statements, or previously mentioned facts. Thus, in a declaration in indebitatus assumpsit, the plaintiff, after alleging that the defendant was indeibted to him in a given sum of money, may proceed to state that, " in consideration of the premises," i.e. of the facts already set out, the defendant promised to pay him the same. So, in a declaration for the diversion of water from a watercourse, the plaintiff, after stating his right to the enjoyment of the water, and his previous user of the same, and setting forth the fact and the nature of the diversion, may proceed to point out the injurious consequences which have flowed from the previously stated facts, in the following manner: " And the plaintiff, by reason of the premises, hath been deprived of the use, benefit, and advantage of the water of the said watercourse."

3.

As used in conveyancing, the term premises is used in the habendum and covenants of a deed, mortgage, lease, &c., by way of reference to all that portion of the instrument which precedes the habendum; especially to the description previously given of the estate or property to be conveyed or affected. It thus prevents the need of repeating the statements made in the introductory The premises is that part in the beginning of a deed which expresses the grantor and grantee, and the land, or thing granted or conveyed^ Jacob. In a deed, the premises comprise all that portion which precedes the habendum; i.e., the date, the parties' names and descriptions, the recitals, the consideration and the receipt thereof, the grant, the description of the things granted, and the exceptions. (4 Cruise Dig. 26.) Brown. Premises, in a deed, signifies all which precedes the habendum; and where the limitation contained in the latter conflicts with the estate given in the premises, it must be rejected, and that in the premises prevail.

Budd V. Brooke, 3 Gill, 198; Farquharson r. Eichelberger, 15 Md. 63; Berry v. Billings, 44 Me. 416.

The term premises is used in common parlance to signify land, with its appurtenances; but its usual and appropriate meaning in a conveyance is, the thing demised or granted by the deed.

N. J. Zinc Co. D. N. J. Franklinite Co., 13 N. J. Eq. 322.

When the word premises is used in the habendum, it has a fixed meaning. The office of that part of a deed is to fix with certainty the estate granted, and in that connection the word premises does mean the thing grafted, as described in what precedes the habendum.

New Jersey Zinc Co. V. Boston Franklinite Co., 15 N. J. Eq. 418, 462. 4.

Growing out of the last-mentioned meaning and use, there has arisen a perversion of the word to the sense of some distinct parcel of real property, such as deeds usually describe and convey. Thus it is common to speak of premises being in good or bad condition; of advertising premises for sale; of visiting or inspecting certain premises; of leased premises; of an intrusion or a trespass on a person's premises, — in all which and many like connections the word has no reference to any instrument, but means the corpus of some distinct portion of the realty. This use of the term has been criticised as a corruption, and so, in origin, it was; but it seems now to have the support of widespread and frequent usage. Premises, in the redelivery covenant of a lease of a factory building and land, does not include a portable wood-cutting machine worked by a belt attached to the factory: this is a chattel.

Holbrook v. Chamberlin, 116 Mass. 155.

Premises, in the covenants of a lease, may include the buildings as well as the land. The plaintiff agreed to hire of the defendwhich the defendant agreed that the " premises and fixtures " should be finished in the same way as the store of B in the same street. The plaintiff claimed damages sustained by reason of leakage arising from a variation in the roof from that of B; and it was held that defendant was bound to make the roof as good as B's, and that damages for its deficiency were recoverable.

Tuller V. Davis, 4 Duer, 187.

Premises, in the statute of Ohio, 1853, regulating the sale of liquors, includes both laud and tenements.

Bowers v. Pomeroy, 21 Ohio St. 184.