Crowther v Crowther
| Jurisdiction | England & Wales |
| Judgment Date | 26 January 1857 |
| Date | 26 January 1857 |
| Court | High Court of Chancery |
English Reports Citation: 53 E.R. 120
ROLLS COURT
S. C. 26 L. J. Ch. 702; 5 W. R. 237. Not followed, Howard v. Earl of Shrewsbury, 1874, L. R. 17 Eq. 378.
120 CROWTHER V. CROWTHER 23BBAV.3OT. [305] crowther v. crowther. Jan. 26, 1857. [S. C. 26 L. J. Ch. 702; 5 W. R. 237. Not followed, Howard v. Earl of Shrewsbury, 1874, L. E. 17 Eq. 378.] Though a person entering on the estate of an infant is treated, in equity, as his bailiff, the rule does not apply where the infant has never been in possession by himself, his guardian or agent, and where the estate has been held by a title adverse to the infant. A general allegation, that the Defendant admits the Plaintiffs title, is too vague; the statement should be more circumstantial. This came on for argument upon a general demurrer. The bill, in effect, stated as follows:- John Crowther the younger, and William Crovvther, were entitled to a moiety of a small copyhold, as tenants in common, subject to the payment of sums equivalent to half its value, which were charged thereon. John Crowther the younger died in September 1835 intestate, leaving the Plaintiff, then of the age of four months, his customary heir. By indenture of the 15th of December 1836, and made between William Crowther and others, and John Crovvther the elder, after reciting (as the bill stated), "that John Crawther the elder had contracted and agreed with John Crowther the younger, and William Crowther, for the purchase of their moieties for 130," and reciting " that it had been agreed that the said piece of land should forthwith be conveyed and assured, as far as the same might be without the joinder of the said infant son (meaning thereby the Plaintiff), unto the said John Crowther the elder," the several parties then covenanted to surrender the property to John Crowther the elder and his heirs. The bill stated that John Crowther the elder, "at or about" the date of the said indenture, entered in possession and retained it until 1843, when he died intestate. Jonathan, his heir, entered and retained [306] possession until June 1843, when he died, having devised all his real and personal estate to the Defendant Martha Crowther, who thereupon entered and continued in possession to the present time. The Plaintiff attained twenty-one in 1856, when he instituted this suit against Martha Crowther alone. The bill charged that the Plaintiff was " entitled, both at law and in equity, to one-fourth of the property." The bill...
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