Where rent amounting to two dollars reserved by a lease in writing, wrongfully received
17 Where rent amounting to two dollars reserved by a lease in writing, wrongfully received
When—
any person is in possession or in receipt of the rents and profits of any land or in receipt of any rent by virtue of a lease in writing by which a rent amounting to the yearly sum of two dollars or upwards is reserved;
and
the rent reserved by that lease has been received by some person wrongfully claiming to be entitled to the land or rent in reversion immediately expectant on the determination of that lease; and
no payment in respect of the rent reserved by the lease has afterwards been made to the person rightfully entitled thereto, the right of the person entitled to such land or rent subject to such lease or of the person through whom he claims to make an entry or distress or bring an action to recover such land or rent shall be deemed to have first accrued at the time at which the rent so reserved was first so received by the person wrongfully claiming as aforesaid; and no such right shall be deemed to have first accrued upon the determination of the lease to the person rightfully entitled.
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