Doe dem. John Ashforth against Thomas Bower
| Jurisdiction | England & Wales |
| Judgment Date | 27 April 1832 |
| Date | 27 April 1832 |
| Court | Court of the King's Bench |
English Reports Citation: 110 E.R. 163
IN THE COURT OF KING'S BENCH
S. C. 1 L. J. K. B. 156. Referred to, Homer v. Homer, 1878, 8 Ch. D. 775.
[453] doe dim. john ashforth against thomas bower. Friday, April 27th, 1832. Devise of " all my messuages situate at, in, or near a street called Snig Hill, in Sheffield, which I lately purchased of the Duke of Norfolk's trustees." The testator had four houses in Sheffield, about twenty yards from Snig Hill, and two houses about 400 yards from it, in a place called Gibraltar Street, also in the town of Sheffield. He purchased all the houses by one conveyance, and redeemed the land-tax upon all by one contract. He had no other houses in Sheffield : Held, that the terms " at, in, or near Snig Hill," did not apply to the houses in Gibraltar Street; and that, there being four houses which answered all the terms of the devise, it must be understood as meant to pass those, and not the two to which only part of the description applied. [S. C. 1 L. J. K. B. 156. Referred to, Homer v. Homer, 1878, 8 Ch. D. 775.] Ejectment. At the trial before Park J., at the York Spring Assizes 1831, a verdict was taken for the plaintiff, subject to the opinion of this Court upon the following ase. The action was brought to recover two dwelling-houses, of the value of 1001., situate in Gibraltar Street, in Sheffield, which the lessor of the plaintiff claimed as heir at law and residuary legatee under the will of his father, Joseph Ashforth. By that will, executed in February 1840, the testator devised as follows :- " I give unto my daughter Hannah, the wife of Thomas Bower, all and every my messuages, tenements, or dwelling-houses and buildings, situate and being at, in, or near a street commonly called Snig Hill, in Sheffield, which I lately purchased of and from his Grace Charles Duke of Norfolk, or his trustees, under and by virtue of an Act of Parliament made and passed, empowering his said Grace to sell certain lands ; To hold unto my said daughter Hannah, her heirs and assigns for ever." He then devised, to his son Thomas property of the value of 10001. in the parish of Ecclesfield, in fee, subject to certain payments ; to another son, premises of the like value in the same parish, in fee; and to two other married daughters, legacies of 6001. each, charged on the residue of his real estates in aid of the personalty. All the residue of his real and per-[454]-sonal estate he gave to his eldest son, John, the lessor of the plaintiff, his heirs, executors, &c. for ever. The testator at the time of his death was seised in fee and in possession of foui dwelling-houses of the value of 6001., situate at the east end of a street called West Bar, within twenty yards from Snig Hill; and of the two houses in question, situate in Gibraltar Street, at the west end of West Bar Green. These last are from 390 to 399 yards distant from Snig...
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