Bartlet, Gent. one, Company v Downes, Gent. Another, &
| Jurisdiction | England & Wales |
| Judgment Date | 02 December 1824 |
| Date | 02 December 1824 |
| Court | High Court |
English Reports Citation: 171 E.R. 1300
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS
Subsequent proceedings with annotations, 3 B. & C. 616.
[522] Adjourned Sittings at Westminster, before Lord Chief Justice Abbott. December 2d, 1824. babtlet, gent. oxe, &c. v. downes, gent. anotheb, &c. (The appointment of a person as steward of a manor for life is good. If tenant in fee of a manor by deed appoints a steward of that manor for his bfe, and devises the manor in fee to a third person, such steward's appointment is valid, and he cannot be afterwards displaced by the devisee, when he becomes possessed of the manor under such devise. If no evidence is given of the existence of a term to attend the inheritance since the year 1793, and the owner of the fee has acted as if it had been surrendered, the jury may presume that it has been surrendered, the purpose for which the term was created having been long since fulfilled.) [Subsequent proceedings with annotations, 3 B. & C. 616.] Money had and received. The real question to be tried in this cae was, whether the plamtifl was entitled to the office of steward of the manor of Denbury, otherwise Runsel, in the county of Essex (a). [523] A lady, named Ray, being tenant in fee of the manor, by a deed, executed in tie month of July, 1821, granted to the plaintiff the office of steward of this manor, for the term of his natural life ; and, by her will, devised the manor to Mr. Downes, the brother of the defendant. On her decease, he appointed the defendant steward of that manor. It was admitted, that there were copyholds in the manor, that the steward of that manor was entitled to receive fees, and that the defendant, as steward, had received fees to the amount of £6 before the commencement of the (a) In thecase of Boyter v. Dodsworth^ 6 T. R. 681, which was an action for money had and received, brought by the sexton of the cathedral of Sahsbury, against the defendant, who had wrongfully (as he contended) shewn the cathedral, and for so doing received certain gratuities, Lord Kenyan, after deciding that the action does not lie for gratuities, lays down, that " if there had been certain fees annexed to the discharge of certain duties belonging to this office, and the defendant had received them, an assize would have lain , and the action for money had and received to recover fees has always been considered as being substituted in the place of an a^ize."...
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Bartlett against Downes
...107 E.R. 861 IN THE COURT OF KING'S BENCH. Bartlett against Downes S. C. 5 D. & R. 526; 3 L. J. K. B. O. S. 90; and at Nisi Prius, 1 Car. & P. 522. bartlett against downes. 1825. The lord of a manor may, by deed, grant the stewardship of the manor and of the courts thereto belonging for the......