The Law Times Reports; Containing All the Cases Argued and Determined in the House of Lords, [Etc.[; Together with a Selection of Cases of Universal a

The Law Times Reports; Containing All the Cases Argued and Determined in the House of Lords, [Etc.[; Together with a Selection of Cases of Universal a

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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. 1861 edition. Excerpt: ...holding over under a claim of. title, and no authority has been offered to us in support of it, we are all of opinion that the action is not maintainable." Tho real question is, what is the principle of the Act of Parliament, and what is its true construction 1 Ho doubt, where there is clear contumacy on the part of a tenant, then it may apply, and. he is within the meaning and intention of the Act.. But here has there been uuy contumacy at all, or any fraud, or any pretence for it? This defendant was the tenant of old Mr. Samuel Swinfen; after his death Mrs. Swinfen claimed to be the owner of the estate under the will of Mr. Swinfen, the former landlord; the defendant believing this was so, took the property and some additional premises of the present plaintiff at au increased rent; in the mean time, and before any notice to quit was given, Captain Swinfen, who claimed the estate as heir-at-law, tiled a bill in Chancery against the plaintiff Mrs. Swinfen, and an issue devUant ml non was directed in the usual course. She took some proceedings to recover the rents, and she was thereupon restrained by the Court of Ch. from doing so until the issue wus properly determined. What does the defendant tben do? Ue pays all his rent into the Court of Ch., to bo taken out by the party who is held to be tho rightful owner. The case was sent down for trial, a compromise was effected there by the counsel in the cause, and under it the estate passed to Captain Swinfen. Mrs. Swinfen, however, it is said, instantly rejected that compromise, as having been made without her authority and against her wish, yet the majority of the judges of the Court of C. P. thought, under all the circumstances of the case, that she could not reject it, but that she was...show more

Product details

  • Paperback | 1164 pages
  • 189 x 246 x 58mm | 2,028g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 123657883X
  • 9781236578839