Dean and Chapter of Rochester v Pierce
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1807 |
| Date | 01 January 1807 |
| Court | High Court |
English Reports Citation: 170 E.R. 1023
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS
Referred to, Beverley v Lincoln Gas Light and Coke Co, 1837, 6 Ad. & E 829; Ecclesiastical commissioners v Merral, 1869, L R 4 Ex 162, De Keyser's Royal Hotel, Ltd. v. The King, [1919] 2 Ch 197
[466] Same day dean and chapter of rochester v. pierce (An action ior use and occupation may be maintained by a corporation aggregate. In such an action by a Dean and Chapter if the name of the present dean is mentioned at the beginning of the declaration, and it is afterwards laid that the occupation was, ' by the permission of the said Dean and Chapter," and it appears in evidence that the defendant occupied only m the time and by the permission of a former dean, this is a fatal variance ) [Referred to, Beverley v Lincoln Gas Light and Cole Co , 1837, 6 Ad. & E 829 ; Ecclesiastical Commissioners v Merral, 1869, L R 4 Ex 162 , De Keyser's Royal Hotel, Ltd. v. The Kmg, [1919] 2 Ch 197 ] Kent (to wit). The Right Worshipful William Beaumont Busby, Doctor in Divinity, Dean of the cathedral church of Christ and the Blessed Virgin Mary of Rochester in the county of Kent, and the Chapter of the same church, complain of W. J. Pierce being, &e. of a plea that he render to the said Dean and Chapter the sum of, &c. For that whereas the said W J on, &c. at, &c. was indebted to the said Dean and Chapter in the sum, of, &c for the use and occupation of a certain messuage, &c. by the aaid W J. and at his special instance and request, and by the permission of the said Dean and Chapter before that time had, held, used, occupied, possessed, and enjoyed for a long space of time before then elapsed , by reason whereof an action hath accrued to the said Dean and Chapter, to demand and have the said sum of, &c Plea, ml debet. It appeared that the defendant, without any demise by deed had occupied a cottage belonging to the Dean and Chapter of Rochester ; but that this was prior to Dr. Bushy, the present dean, becoming head of the corporation, and in the time of his predecessor Dr Goodenough. Lawes, for the defendant, first objected, that use and occupation could not be maintained by a corporation aggregate, as they could only demise by deed. [467] Lord Ellenborough.-A corporation cannot demise except by deed ; but the action for use and occupation does not necessarily suppose any demise. It is enough that the defendant used and occupied the...
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