The Law Reports. Queen's Bench Division Volume 9

The Law Reports. Queen's Bench Division Volume 9

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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. 1882 edition. Excerpt: ... the one party in such cases loses his title not because the other is in, but because he himself is out of possession--" not from an ' act' of his, but from want of' act'--viz. entry or suit." That case proceeded mainly on the ground that there having been no Statute of Limitations at the time of the private Act which would have (1) Law Kcp. 7 Ex. 175. deprived the remainderman of his right by reason of laches of the tenant in tail, the general Act of 3 & 4 Win. 4, c. 27 could have no such operation. In Mayor of Brighton v. Guardians of the Poor of Brighton (1) certain commissioners had been appointed by an Act of 1850, amongst other thiDgs, to manage the Pavilion estate. The Act expressly prohibited them from selling without consent of the vestry. In 1853 the guardians of the poor removed into certain buildings forming part of the Pavilion estate, and continued in exclusive occupation of them without payment of rent until 1879, when an action was brought by the corporation (who in 1855 had been substituted by statute for the commissioners) to recover possession. My Brother Lopes, in delivering a judgment in which I agreed, distinguished the case of Lord Abergavenny v. Brace (2) as follows: "There, the estates were made in the first instance inalienable absolutely: here, an express power is given to sell with the consent of the vestry," and he added, "There are no words in the 19th section" (of the Act of 1850) " which can control the effect of the Statute of Limitations, or can have any reference to the loss of an estate by a want of possession for a length of time." This case appears to me to be an authority in favour of the plaintiff that the statute applies, supposing he has been more

Product details

  • Paperback | 332 pages
  • 189 x 246 x 18mm | 594g
  • United States
  • English
  • black & white illustrations
  • 1236762436
  • 9781236762436