Doe dem. Whittick v Johnson
| Jurisdiction | England & Wales |
| Judgment Date | 28 August 1819 |
| Date | 28 August 1819 |
| Court | Court of Common Pleas |
English Reports Citation: 171 E.R. 877
IN THE COURT OF COMMON PLEAS.
QOW171. DOE V. JOHKSON 877 Saturday, August 28th., 1819. doe dem. whittick v. johnson. (Payment of an unvaried rent for a long series of years to the lord of a manor, is evidence only of a title to the rent ; but not to the land in respect of which the rent is paid. The presumption is, that the rent is a quit rent.) Ejectment to recover two pieces of land parcel of the manor of Bitton, in the county of Gloucester. The lessor of the plaintiff it appeared was lord of the manor of Bitton ; and the defendant, it was contended, occupied the pieces of laud in question, in the character of his tenant. In order to prove the tenancy, the lessor of the plaintiff gave in evidence the payment to him by the defendant of a rent of 2s. for one piece of the land^ and of a rent of 4s. 3d. for the other piece of land : and which several rents had been paid without variation from the year 1780 down to the period when the notice to quit on which the ejectment was founded was given. Holroyd, J.-This is evidence of a title to the [174] rent, but not to the land. Where renta have been...
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