Buckly against Williams
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1797 |
| Date | 01 January 1797 |
| Court | Court of Common Pleas |
English Reports Citation: 83 E.R. 712
COURT OF COMMON PLEAS
btjckly against williams. S. C. 2 Danvers 50, pi. 14. 2 Ventris 61, who reports the judgment to be for the defendant. Covenant for quiet enjoyment. Breach assigned, that such a one entered by a title prior to the defendant's deed to the plaintiff is good although not shewing what title the stranger had. Alleyne 19. Noy 50. Yelv. 30. 4 Co. 80. Styl. 67. Cro. Car. 1, 5. Cro. Ja. 315, 425, 444. 1 Rol. Ab. 430, pi. 14. 1 Roll. Rep. 397. 1 Ventris 184. 2 Ventris 61, 62. 1 Lev. 301. 2 Lev. 37, 194. 2 Saund. 178, 179. 1 Mod. 101. 2 Mod. 213. 3 Mod. 135. 5 Viner Ab. 167. Covenant upon articles, whereby the defendant covenanted, that the plaintiff should enjoy a close quietly for a year, whereupon the plaintiff put in his beasts, arid Knolla (who bad a title to the premisses by virtue of a certain lease to him thereof made before the making of the articles aforesaid) entered upon the plaintiff and expelled him ; and afterwards, viz. such a term, &c. brought an action of trespass against him for putting his beasts into the said close, on which such proceedings were had, that Knolls recovered against the now plaintiff 201. damages, and 171. costs, whereof the defendant had notice; and so for the not quietly enjoying, the defendant had broken his covenant: and issue thereupon, and verdict for the now plaintiff. Whereupon it was moved in arrest of judgment, that the breach was not well assigned, for that he does not shew what title Knolls had; and it may be, the title which he had was under the now plaintiff himself, arid there having been a suit wherein the title of Knolls appeared, the plaintiff ought to have shewn it; for now it lies in his own knowledge. But non allocatur; for the title of Knolls cannot be supposed to be under the now plaintiff; for the declaration is, that Knolls had a title by virtue of a demise made to him before the making of the articles to the plaintiff; and let the title be derived from whom it will, yet it being before the articles made with the plaintiff, the covenant...
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Browing v S. Wright and Others, Executors of J. Wright
...title before the date of the grant to the Plaintiff. Skinner v. Kilbys, 1 Shower, 70. Proctor v. Newton, 2 Lev. 37. Buckby v. Williams, 3 Lev. 325. Jordan v. Twells, Cas. temp. Hardw. 172, per Ld. Hardwioke, and this mode was adopted in Foster v. Pierson. C. P. IV.-36* 11=30 BROWNING V. WRI......