Irish Law Reports of Cases Argued and Determined in the Courts of Queen's Bench, Common Pleas, and Exchequer of Pleas Volume 4

Irish Law Reports of Cases Argued and Determined in the Courts of Queen's Bench, Common Pleas, and Exchequer of Pleas Volume 4

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1842 edition. Excerpt: ...any estate in the lands. Neither could her act amount to a feotfment, for two reasons: first, no words of feotfment were used, for she only purported to give up possession, and not to pass an estate; 4 Com. T. Deed, c. 46, 4; and, secondly, because the authority to receive is not only not proved, but negatived by the evidence: the steward went to receive possession, not to take livery. 4 Com. Dig. T. Deed, 48, 4. As to the want of a demand of possession, it appears that Walsh was in the possession of the house and premises when Mrs. Buggy delivered up the possession. She goes away, and he continues in possession, being in lawfully under Mrs. Buggy, and so continued for a. year. Under these circumstances, a demand of possession was clearly necessary before an ejectment could be sustained. Doe dem. Cotes v. Somerville (0); Lessee of Wintercastle v. Newconten (d); Lessee of Lewis v. Beard (e); Adams on Eject. lO7, 121. BURTON, J. This was an ejectment upon the title for a house and some acres of land. The declaration contained four demises, but at the trial one in the name of W'illiam De Montmorency was alone relied on. There was a verdict for the lessor of the plaintiff as to the land, subject to several objections on the part of the defendant; and for the defendants as to the house. It will be unnecessary for me to consider any of these objections but that arising upon the Statute of Limitations, which, in our opinion, entitles the defendant to have the verdict set aside, and have a nonsuit entered. The premises in question were a part of the estates of Sir William De Montmorency, who, it appeared, carried on an illicit intercourse with a person named Mary Buggy, and that in 1798 he put her into possession of the premises, the subject of...show more

Product details

  • Paperback | 226 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236962737
  • 9781236962737