Doe d. Downe (Lord) v Thompson
| Jurisdiction | England & Wales |
| Court | Court of the Queen's Bench |
| Judgment Date | 01 January 1847 |
| Date | 01 January 1847 |
English Reports Citation: 115 E.R. 1572
QUEEN'S BENCH
S. C. 11 Jur. 1007. Distinguished, Hassard v. Fowler, 1892, 32 L. R. Ir. 54.
[1037] dob on the demise of viscount downe against thompson. viscount DOWNE against thompson. 1847. A., seised in fee, mortgaged in fee to B., and afterwards leased to defendant. D. purchased the legal estate from B., and ; also the equitable estate from a party who derived it from A., which party also joined in the conveyance of the legal estate. Held, that D. though he had received rent from defendant, was not bound by A.'s lease to him, but might recover against defendant in ejectment after expiration of a notice to quit, or sue him for use and occupation after payment and receipt of rent. [S. C. 11 Jur. 1007. Distinguished, Hassard v. Fowler, 1892, 32 L. E. Ir. 54.] These two actions were tried before Wightman J., at the Yorkshire Spring Assizes, 1845, when a verdict was found for the lessor of the plaintiff in the first case, and for the plaintiff in the second, with liberty, in each case, to move for a nonsuit. In the ejectment the facts were as follows, according to the statement of Lord Denman C.J., in delivering the judgment of the Court. "In 1819 Thomas Burton, being seised in fee of the premises in question, conveyed them, inter alia, to John Bromet, his heirs and assigns, subject to redemption on payment of 10001. In 1827 Thomas Burton demised to the defendant, by indenture for thirty-one years. In the same year part of the mortgaged premises were sold, and 9001. paid off. In 1828 Thomas Burton became bankrupt, and afterwards died. In February 1834, Messrs. Swann paid Bromet 1001., and took from him a conveyance in fee (a)1. On the 22d May 1834, the assignees of Thomas Burton sold the premises to Lord Downe for 2451., 1001. of which was paid to Messrs. Swann: and they, by direction of the assignees, conveyed to Lord Downe in fee, the assignees also being parties and joining in the conveyance " (b). [1038] Lord Dowue, after receiving rent for two years, gave notice to quit, at the expiration of which he brought the ejectment. Viscount Downe v. Thompson was1 an action against Thompson for an occupation of the same land for a period subsequent to the last payment and receipt of rent by Lord Downe. In Easter term, 1845, Hugh Hill, pursuant to the leave reserved, obtained, in each case, a rule nisi for entering a nonsuit. The two rules were argued together in last Trinity vacation (a)2, when Eew shewed cause. First, without reference to the fact of Burton's assignees having joined in the conveyance to Lord Downe, the question as to his title is, whether the party claiming through the mortgagee is estopped by the lease of the mortgagor in possession, made after the mortgage. The authorities...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
-
Rust v Goodale
... ... Doe d. Downe (Lord) v. Thompson ( 1847 ) 9 Q.B. 1037 followed ... Smith v. Phillips ( 1837 ) 1 ... ...
