Doe d. William Kinglake v Dinah Beviss
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1849 |
| Date | 01 January 1849 |
| Court | Court of Common Pleas |
English Reports Citation: 137 E.R. 181
IN THE COURT OF COMMON PLEAS
S. C. 18 L. J. C. P. 128. Referred to, Ward v. Pitt, 1913, 29 T. L. R. 293.
7C. B. 456. DOE V. BEVIS8 181 ' [456] doe d. william kinglake v. dinah beviss. 1849. [S. C. 18 L. J, C. P. 128. Referred to, Ward v. Pitt, 1913, 29 T. L. K. 293.] An antient roll, found amongst the muniments of a manor, containing the reeve's account of moneys received by him on account of the lord, followed by an account of moneys expended by him on account of the lord, was tendered as evidence of a fact noticed in one of the items of discharge for which the reeve took credit in the account. This entry was rejected, on the ground that it did not appear on the face of the account that the reeve gave credit for any sum applied to the discharge of that particular item. Held, (by Coltman, Maule, Cresswell, and V. Williams, JJ., absente, et, ut videtur, dissentiente, Wilde, C. J.) that the evidence was properly rejected. Ejectment, for lands in the parish of Taunton St. Mary-Magdalen, in the county of Somerset. The cause was tried before Platt, B., at the last spring assizes for the county of Somerset. \ The land sought to be recovered was a district called Haidwood, which was shewn to be within and parcel of the manor of Taunton and Taunton-Deane (a). Before the Conquest, and down to the passing of the land-tax redemption act, this manor formed part of the possessions of the see of Winchester (vide 1 Dugd. Monast. Anglic..ed. 1655, p. 980). . By indenture of bargain and sale, duly sealed and delivered, and intended to be inrolled, and bearing date the 19th of February, 1822, between the Bishop of Winchester, of the first part; Lord Glenbervie and Lord Eadstock,-two of the commissioners appointed for the purpose of regulating, directing, approving, and confirming all sales and contracts for sale, which should be made by any bodies politic or corporate, or companies, for the purpose of redeeming any land-tax charged on all or any of the manors, messuages, lands, tenements, or hereditaments belonging to such bodies politic, &c.,-of the second part; Thomas Southwood, of the third [457] part; and W. Kinglake (the lessor of the plaintiff), of the fourth part;-the bishop, in exercise of the powers vested in him by the acts thereinbefore referred to, some or one of them, with the consent, authority, and approbation of the said commissioners, testified, &c., granted, bargained, sold, and conveyed to Southwood and his heirs, All that the manor or lordship of Taunton and Taunton-Deane, in the county of Somerset, and all arid every the messuages, barns, stables, dove-houses, yards, gardens, orchards, tofts, lands, tenements, cottages, meadows, pastures, feedings, leasows, woods, underwoods, commons, common of pasture, and wastes, in the said manor or lordship, and in the tithings, hundreds, places, or "parishes of Holway, Hull, Poundsford, Staplegrove, Naylesborne, Otterford, and Kimpton, or any of them; and also all and every the quit-rents, rents of assise, rents-seek, rents and services of the free and customary tenants, and all fee-farms, annuities, escheats, reliefs, aids, heriots, fines, amerciaments, customs, rents, common fines, courts-leet, and courts-baron, view of frankpledge, and all that to court-leet and to court-baron or view of frankpledge did appertain, goods and chattels waived, estrays, day-works of tenants, chattels of felons (felons of themselves and others), fugitives, outlaws, persons attainted or put in exigent, escheats, deodands, estovers and common of estovers, fairs, market tolls, customs, and all other royalties, jurisdictions, franchises, liberties, privileges, rights, easements, profits, commodities, advantages, emoluments, and heriots whatsoever to the said manor or lordship belonging or anywise appertaining, in as full and ample a manner as they then were, or at any time theretofore had been, held, used, occupied, or enjoyed by the said bishop or any of his predecessors,- saving and excepting certain lands, &c., which were under lease for lives, and mines and minerals, &c., and advowsons; habendum, to Southwood and his heirs, to such uses as [458] Southwood should, by any deed, &c., appoint; and, in default of appointment, (a) Formerly called " the manor of Taundene " (vide post, p. 474), afterwards " the manor of Taunton and Tawa Dene," i.e. the manor of the town, and of the valley, of the river Taun or Tone. 182 DOE V. BEVISS 7C.B.459. to the use of Kinglake, his heirs and assigns, in trust, for Southwood, his heirs and assigns. . , By agreement of 21st August, 1822, between Southwood and Kinglake, Southwood agreed to sell, and Kinglake agreed to purchase, for 112061. the hundred of Holway (except the lands in the said hundred, in which Southwood had copyhold interest, or freehold in the parish of Angersleigh), the tithing or parish of Otterford, the tithing or district of Taunton castle and Taunton borough, being parts and parcels of the manor of Taunton and Taunton Dean, together with the rents, fines, heriots, and services payable thereout to Southwood, as lord of the said manor, except as before excepted; reserving to Southwood, his heirs and assigns, as lord of the said manor, all patent offices belonging to the said manor, all common or right of soil as lord of the said manor, and the royalty of hunting, &c., and all casual and other profits of all other parts and portions of the said manor, and the inheritance thereof, in fee simple, free from incumbrances. Southwood, by his will, bearing date 13th May, 1829, after several devises and bequests not affecting the property in question, proceeded as follows :-"And all the rest of my manors, houses, and buildings, advowsons, and all my chattels riot before disposed of, I give to my faithful servant Robert Mattock (a)1; and I do hereby nominate him my sole executor and residuary legatee." By indenture of 16th November, 1842, between Mattock and Kinglake, Mattock released to Kinglake all [459] that the said hundred of Holway, &c. (ut supra), habendum to Kinglake, his heirs and assigns (a)2. The defendant claimed, as customary tenant, to be entitled to hold the property as part of the premises included in the following surrender:- "Monday, 9th December, 1800.-Abraham Bond, late of Thurlbeer, but now of Orchard-Portman, gentleman, doth surrender into the hands of the lord the pasture wood and underwood of Haydwood, containing, by estimation, sixty acres, with the appurtenances, in the tithing of Holway, heretofore of Sir Thomas Ackland, baronet, afterwards of Peregrine Palmer, Francis Newman, and Henry Fownes Luttrell, Esquires, and late of Abraham Bond, deceased, to the use and behoof of John Wheadon of Chard, in the county of Somerset, gentleman, and John Beviss the younger, of Wambrook, in the county of Dorset, gentleman, their heirs and assigns for ever, according to the custom of the manor of Taunton-Deane; To be holden upon the conditions declared in certain articles of agreement therein mentioned. Taken the 9th day of December, 1800." and in the following fine-paper,- "3rd May, 1840. Dinah Beviss, of Wambrook, in the county of Dorset, widow, - relict, and heir (V) according to the custom of the manor of Taunton-Deane of John (a)1 This devise containing no words of inheritance, an arrangement was, in 1831, entered into between Mattock and the heir of Southwood the testator, by which, in consideration of 15001., the heir released all his right to Mattock; but, as this did not affect the legal estate in the hundred of Holway, which remained throughout in the lessor of the plaintiff, the deed by which the arrangement was effected was not produced. (of This instrument did not operate upon the legal estate, which was already in the relessee; and even the equitable interest,-supposing the equitable title to be material, -had been transferred by the agreement of 21st August, 1832. (6) In this manor the wife is the customary heir of her husband, to the exclusion of his children, and if she marry again, the second husband may acquire, in fee-simple, the entire customary estate, by the following process:- "In case a woman seised of any customary lands of inheritance, parcel of the said manor, marry an husband, the same husband ought, and by the custom of, &c., hath used to fine with the lord of the said manor, for her and her land, at the old precedent fine of the same land, and thereof to make an entry with the clerk of the castle aforesaid, and to put in pledges at or before the first law-day-court after the said marriage. By virtue of which marriage, entry, and pledges, the husband becomes owner of the same land, and is to be admitted tenant thereunto, to hold the same to him and his heirs for ever, according, &c."-Vide "Ancient Customs of the manor of Taunton-Deane," (Tiverton, 1821), No. 20. 7C. B.460. DOE V. BEVISS 183 Beviss, [460] the younger, lately of Wambrook aforesaid, gentleman, deceased, who was the surviving surrenderee named in four certain surrenders, bearing date the 9th day of December, 1800, and made by Abraham Bond, then of Orchard-Portman, gentleman, of the lands hereinafter described, for (a) the pasture, wood, and underwood of Haydwood, containing by estimation sixty acres, with the appurtenances, in the tithing of Holway, heretofore of Abraham Bond, deceased, afterwards of the first-named Abraham Bond, and late of John Wheadon, deceased, and the said John Beviss, deceased; and which premises came into the hands of the lord upon the death of the said John Beviss, to be holden upon the conditions contained in the surrenders hereinbefore referred to. And this entry was made the 30th day of May, A.D. 1840, in the presence of Edwards Beadon and William Upham, tenants of the lord " (b). [461] The land sought to be recovered had, as far back as living memory went,- one of the witnesses speaking to a period of sixty years,-consisted of arable...
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