Reports of Cases Argued and Determined in the Court of King's Bench; In the Nineteenth, Twentieth, and Twenty-First [Twenty-Second, Twenty-Third, Twenty-Fourth, and Twenty-Fifth] Years of the Reign of George III. [1778-1785] Volume 3

Reports of Cases Argued and Determined in the Court of King's Bench; In the Nineteenth, Twentieth, and Twenty-First [Twenty-Second, Twenty-Third, Twenty-Fourth, and Twenty-Fifth] Years of the Reign of George III. [1778-1785] Volume 3

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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. 1831 edition. Excerpt: ...and continued in possession till his death, when he devised it from his son to his two nephews, whom he made his executors. At his death a year's rent was due from the Michaelmas preceding, which could only be received by the devisees in their character of executors. This, then, was no possession. Afterwards, in Trinity Term, without any attornment on the part of the tenants, they levied a fine. It is clear, that without possession that fine will not operate as a bar by way of nonclaim. Atkins v. Horde (a). At the Michaelmas following the devisees received the rent accruing in their own time; but the fine must be complete when it is levied, and the rights of other parties divested then, or not at all. It cannot depend on any after act of the tenant whether the fine shall be good or not; nor will the Court make an act relate back unless to perfect a rightful title. Such a fine may, it is true, operate as a conveyance, and bind the parties and their privies, Shep. Touch. 23, but it can have no effect as a bar by way of non-claim. Lord Mansfield.--It was left as a matter of fact to the jury, whether there was not evidence of an agreement after the death of the testator, between the devisees and the tenant, that the latter should become tenant to the former. The parties met soon after the death of the testator, and at the end of the year the tenant paid the rent. This was evidence from which the tenant might presume such an agreement. Willes, Justice.--I doubt whether the possession was altogether a matter of fact, and to be left to the jury. I incline to think that it was matter of fact mixed with matter of law, and that it should have been so stated to the jury by the Court The payment in January only admitted a tenancy to the disseizor, ...show more

Product details

  • Paperback | 164 pages
  • 189 x 246 x 9mm | 304g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236881826
  • 9781236881823