Doe, on the Demise of Freeman, against Bateman

JurisdictionEngland & Wales
Judgment Date17 November 1818
Date17 November 1818
CourtCourt of the King's Bench

English Reports Citation: 106 E.R. 328

IN THE COURT OF KING'S BENCH.

Doe, on the Demise of Freeman, against Bateman

Approved, Hyde v. Warden, 1877, 3 Ex. D. 84.

doe, on the demise of freeman, against bateman. Tuesday, Nov. 17th, 1818. A., being possessed of a term of years, demised his whole interest to B., subject to a right of re-entry on a breach of a condition : Held that A. might enter for the condition broken, although he had no reversion. [Approved, Hyde v. Warden, 1877, 3 Ex. D. 84.] Ejectment for two messuages, in the parish of St. Luke, Chelsea. The demise was laid on the 26th December 1817. The cause was tried at the sittings after Easter term, 1818, before Abbott J., when a verdict was taken for the plaintiff, subject to the opinion of the Court, on a ease which stated in substance as follows:-The defendant Bateman being possessed of a term of years in the premises in question, by a lease dated 12th May 1812, demised the premises to Freeman, the lessor of the plaintiff, for a term eo-extensive with his own term, reserving rent, and juJjjgcJL-to certain coMljEuJoIj7S9&-S& J^oh^l69Jlwas, tha£...

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1 cases
  • Shiloh Spinners Ltd v Harding (A.P.).
    • United Kingdom
    • House of Lords
    • 21 March 1973
    ...by the first was answered in the affirmative in 1818 by the King's Bench, following older authorities, in Doe d. Freeman v. Bateman 2 B. & Ald. 168. In 1877 this case was approved by the Court of Appeal in Hyde v. Warden L.R.3 Ex. D. 72, 84 and it has never been criticised. No intelligible ......
2 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill Positive Covenants and Freehold Land Contents
    • 30 August 2019
    ...12 WLUK 761 158 Dewar v Goodman [1909] AC 72, 78 LJKB 209, [1908–10] All ER Rep 188, HL 107 Doe d Freeman v Bateman (1818) 2 B & Ald 168, 106 ER 328, Ct of KB 50 Donoghue v Stevenson [1932] UKHL 100, [1932] AC 562, 1932 SC (HL) 31, 1932 SLT 317 240–241 Doughty v Bowman (1848) 11 QB 444, 17 ......
  • Right of Re-entry
    • United Kingdom
    • Wildy Simmonds & Hill Positive Covenants and Freehold Land Contents
    • 30 August 2019
    ...relief against forfeiture was available. They decided that in principle it was and that the court should decide 7 (1818) 2 B & Ald 168, 106 ER 328. 8 (1877) 3 ExD 72 at 84. 9 [1973] AC 691 at 717. 10 Stevens v Copp (1868) LR 4 Exch 20 (covenant not to be convicted of a breach of the Game La......

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