Davison and Others v Gent
| Jurisdiction | England & Wales |
| Judgment Date | 15 January 1857 |
| Date | 15 January 1857 |
| Court | Exchequer |
English Reports Citation: 156 E.R. 1400
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
[744] davison and others i. gent. Jan. 15, 1857.-Where a landlord grants a new lease to a stranger with the as&ent of the tenant under an existing lease, and the Litter gives up his own possession, that is a surrender by operatron of low. Dubitante, Bramwell, B -Lands belonging to a Dean and Chapter weie usually leased for 21 years, and the leases renewed every seventh year for a forth ex period of 21 years. It was proved to be the practice on the renewal of lff.&N75. DAVLSON I'. GENT 1401 a lease toretum the old lease to the office, when it was destroyed If the person delivering up the existing lease was not the same person to whom it was granted, the officer of the Dean and Chapter made inquiry as to the manner in which such person became interested in the premises, and on being satisfied of his interest, granted the renewed lease to him. W in 1849, being in possession of certain lands leased to S. for 21 years from 1842, pioduced the lease of 8. to the officer of the Dean and Chapter, which was then cancelled He obtained a new lease in his own name and continued to occupy and pay rent till his death in 1856, after which his executrix deliveied up the lease of 1849, and obtained a renewed lease in hei own name.-Held, that the facts were evrdence of the assent of S. to the grant of the lease of 1849 to W by the Dean and Chapter.-In ejectment against a person who has entered forcibly without any title, evidence of prior possession is sufficient to entitle the plaintiff to recover; and the plaintift does not lose his right to insist on such possession by setting up a title which he fails to establish in proof. [S. C. 26 L J. Ex. 122, 3 Jur (N S) 342, 5 W R 229 Followed, WulH* v. Hand*, [1893] 2 Ch 75 Refeiied to, Btving v. Abingdon, [1892J 2 Ch. 374 ] Ejectment by John Davison, Arthirr Coates and Elizabeth his wife, to lecover possession of a messuage and certain closes called the Gaith, Mire Flat and Fiith, situate in the parish of Aychffe. At the trial, before Bramwell, B, in the Court of Common Pleas at Durham at Midsummer last, the following facts were proved. By mdentuie dated the 24th of March, 1849, the Dean and Chapter of Durham demised the premises in question to Joseph Wood for the term of twenty-one years, from the 15th of November, 1848. Joseph Wood was in possession of the premises, and died possessed of them in 1853, having by his will, which was duly proved in the Consrstory Court of Durham, appointed his wife Elizabeth Wood and R. Hamson executrix and executor thereof, arid devised his chattels real to them upon certain trusts The will was proved by Elizabeth Wood the widow on the 7th of July, 185.3 Harrison, the other executor, by deed dated July 11, 1853, renounced and disclaimed the devise to him Elizabeth Wood, after her husband's death, let the messuage and closes to John Robinson for a term, which, as to Mire Flat and Firth, expired on the 21th of December, 1855, and as to the messuage and Garth, on the 14th of February, 1856 Elizabeth Wood obtained a [745] renewed lease for twenty-one years from the Dean and Chapter of Durham on the 1st of February, 1856. On the 12th of February, Robinson quitted the house and Garth. The defendant Gent then entered by force, and remained in possession of the house and Garth On the 16th of the same month Elizabeth Wood mairied the plaintiff Arthur Coates Coates then let all the premises to...
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