Doe on the demise of Jeff and Hunter against Robinson and Another
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1828 |
| Date | 01 January 1828 |
| Court | Court of the King's Bench |
English Reports Citation: 108 E.R. 1053
IN THE COURT OF KING'S BENCH.
S. C. 2 Man. & Ry. 249, n.; 6 L. J. K. B. O. S. 273. Approved, Allen v. Allen, 1842, 2 Dr. & War. 327. Explained, Bradshaw v. Bradshaw, 1843, 5 Ir. Eq. R. 316. Approved, Crozier v. Crozier, 1843, 3 Dr. & War. 382. Distinguished, Northen v. Carnegie, 1859, 28 L. J. Ch. 939; 4 Drew. 587. Referred to, M'Clintock v. Irvine, 1860, 10 Ir. Ch. R. 486. Applied, Chism v. Liprett, [1905] 1 Ir. R. 80.
[296] DOE ON THE DEMISE OF JEFF AND HUNTER against ROBINSON AND another. 1828. Where the tenant of lands, granted to him and his heirs, pur auter vie, devised them " to A. B,," without saying more, and A. B. died, living cestui que vie: Held, that the heir of the d'evisor was entitled to the lands as special occupant. [S. C. 2 Man. & Ry. 249, n.; 6 L. J. K. B. 0. S. 273. Approved, Allen v. Allen, 1842, 2 Dr. & War. 327. Explained, Bradshaw v. Bradshaw, 1843, 5 Ir. Eq. R. 316. Approved, Crazier v. Crazier, 1843, 3 Dr. & War. 382. Distinguished, Northen v. Carnegie, 1859, 28 L. J. Ch. 939; 4 Drew. 587. Referred to, M'Climtock v. Irvine, 1860, 10 Ir. Ch. R. 486. Applied, Chism v. Liprett, [1905] 1 Ir. R. 80.] This was an action of ejectment on the demise of Robert Jeff and Thomas Hunter, the demise being laid on the 16th May 1827, against John Robinson and Thomas Dowson Robinson, for the recovery of certain lands in the township of Northallerton, in the county of York. Plea, not guilty. At the trial before Bayley J. at the Yorkshire Summer Assizes 1827, a verdict was found for the plaintiff, subject to the opinion of this Court on the following case :- By a lease, dated the 24th of November 1783, and made between the Lord Bishop of Durham of the one part, and Thomas Dowson of the other part, the said bishop did demise, lease, and to farm let unto the said Thomas Dowson, his heirs and assigns, all that half oxgang of new land, arable, meadow, and pasture, with the appurtenances lying in the fields of Nortballerton aforesaid, formerly called by the name of the Chapel Garths, and then divided into eight closes, and containing in all about twenty-four acres, to have and to hold unto the said Thomas Dowson, his heirs and assigns, from the making of the said lease, for and during the natural lives of him the said Thomas Dowson, John Dowson, his son, and Thomas Robinson, and the life of the longest liver of them, at the yearly rent or sum of 5s. Id. payable at the times therein mentioned. By his will, dated 21st November 1808, and duly made, executed, and attested to pass real estates, Tho-[297]-mas Dowson being then in possession of the same premises under the said lease, devised as follows :-" I give my daughter, Elizabeth Robinson, my two houses, situated in Bootham, nigh the City of York, now tenanted by widow Earl and William Collyer, and my two closes, lying within the township of Northallerton, known by the name of the Chapel Garths, and west of the Barn Close (the said two closes being the lands in question, and part of the eight closes demised to Thomas- 1054 DOE V. ROBINSON 8 B. & C. 298. Dowson by the Bishop of Durham). I also give her my desk in my parlour, and she to choose other furniture within my house, to furnish two rooms. I give my daughter Parthenia Robinson, my three closes called Bullomoors; and also one other close called Barn Close, all the aforesaid closes being within the township of Northallerton. I give her all the said four closes for and during her natural life, and at her decease I give the said four closes to her children then living, share and share alike; and I order that Robert Robinson, my son-in-law, shall have no concern either in letting the lands, or in taking any part of the rents from the lands. And as to all the rest of my estate, both real and personal, I give to my son John Dowson, and also a security for the payment of 201. per annum for and during the life of my daughter Ann Dowson, he paying my said daughter Ann Dowson 401. per annum, to be paid out of the rents arising from the Turks Banks; and also all my just debts and funeral expenses, and also for leasing the half oxgang after my decease; and, lastly, I make my said son John Dowson my sole executor of this my last will and testament." Thomas Dowson died on the 14th of March 1814, without having altered or revoked his said will, and upon his death, Elizabeth Robinson [298] entered into possession of the premises thereby devised to her, and...
To continue reading
Request your trial
-
Chism v Lipsett
...II., 55 a. Crozier v. Crozier 3 Dr. & W. 382. Darlington v. Hamilton Key, 550. Davis v. Tollemache 2 Jur. (N. S.) 1181. Doe v.RobinsonENR 8 B. & C. 296. Fitz Gerald v. Fitz GeraldIR [1902] 1 I. R. 477. Foulkes v. JacksonELR [1900] 1 Ch. 807. Granville's CoutractELR 24 Ch, D, 11. Greene v. G......
-
Horan v Horan
...n. (4) 3 L. R. Ir. 265. (5) 4 L. R. Ir. 61, 653. (1) 7 Ir. Eq. R. 578. (2) 9 M. & W. 662. (3) 1 P. Wms. 34. (4) 13 I. C. L. R. 532. (5) 8 B. & C. 296. (6) 16 Ir. Ch. R. at p. (1) 9 M. & W. 662. (2) 4 L. R. Ir. 653. (1) 7 Ves. 425, at p. 440. (2) 16 Ir. Ch. R. 87, at p. 94. (3) [1896] A. C. ......
-
Parnell v Boyd
...57 L. T. (N. S.) 285; D. P., 60 L. T. (N. S.) 1. Doe v. GloverENR 1 C. B. 448. Doe v. GloverENR 1 C. B. 488. Doe v. RobinsonENR 8 B. & C. 296. Gulliver v. Vaux 8 D. M. & G. 167 note. Gulliver v. Vaux 8 D. M. & G. 167. Gulliver v. Vaux 8. D. M. & G. 167. note. Gulliver v. Vaux Ibid. 167 note......
-
The Estate of Andrew English. v
...Bench In the Matter of the Estate of ANDREW ENGLISH. and Crozier v. CrozierUNK 5 Ir. Eq. Rep. 415. Jeff v. RobinsonENR 8 B. & C. 296. Allen v. Allen.UNK 4 Ir. Eq. Rep. 472. Barnacle v. NightingaleENR 14 Sim. 456. Foster v. RomneyENR 11 East, 594. Bevan v. WhiteUNK 7 Ir. Eq. Rep. 473. Cook v......