Benson against Strode
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1794 |
| Date | 01 January 1794 |
| Court | Court of the King's Bench |
English Reports Citation: 89 E.R. 852
IN THE COURTS OF KING'S BENCH
case 131. benson against strode. Trinity Term, 32 Car. 2, Roll 732. If A. be copyholder for life, with remainder to B. for life, " to commence from and after the death of A. or other sooner determination of his estate," and A. is attainted of high treason ; the copyhold is forfeited to the lord, and he in remainder may enter without presentment, although the offender be pardoned.-S. C. Pollexf. 615. S. C. 2 Jones, 189. S. C. Skin. 8, 29. Ejectment. Special verdict: the lands in question were parcel of a copyhold (b) This was a writ of error from the Court of Common Pleas. The case was, a latitat against Bessey, issued at the suit of J. S. directed to the Sheriff of Norfolk, who made his warrant to the bailiff of the liberty of the Duke of Norfolk called Ailsham; and the bailiff of the liberty made his warrant to his deputy to arrest the said Beasey, and the deputy arrested him ab a place out of the liberty, and afterwards carried him into the liberty, and delivered him to Olliet the gaoler. The question was, whether this action lay against the gaoler1? and all the Judges of the Common Pleas were of opinion that it did lie ; and with their opinion Raymond, Justice, agreed for the reasons stated. S. C. Ray. 469. See also 1 Show. 255. But the three other Judges resolved, that the gaoler could not be charged, because he could not have notice whether the prisoner was legally arrested, or not. S. C. Ray. 469, and he had done no wrong to the plaintiff, but had only done that which belonged to his office, and bis duty did not oblige him to enquire whether the first arrest were tortious or not, and, if he had been informed of it (without being of the covin or practising therein) he ought nevertheless to detain the prisoner, being delivered to him with a good warrant, S. C. 2 Jones, 214. See the case of Bodkin v. Powell, that trespass will not lie against a pound-keeper, merely for receiving cattle, though the taking were tortious; for he is bound to keep whatever is brought to him; but if he go beyond his duty, and assent to the tort, he is then liable, Cowp. 476. See also Wall v. Macnamara, 1 Term Rep. 536. Swinton \. Molley, 1 Term Rep. 537. 2 SHOW. K. B. 151. HILARY TEEM, 32 AND 33 CAR. 2. IN B. R. 853 manor, grantable for life and in reversion: the defendant had a grant for life; and the lessor of the plaintiff had another grant in reversion for his life, to commence...
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