Doe, on the demise of William Campton and Jane his Wife, against William Carpenter
| Jurisdiction | England & Wales |
| Judgment Date | 06 December 1850 |
| Date | 06 December 1850 |
| Court | Court of the Queen's Bench |
English Reports Citation: 117 E.R. 848
QUEEN'S BENCH.
doe, ON THE demise OF william campion AND jane his Wife, against william carpenter. Friday, December 6th, 1850. Tenant in fee of four messuages at L. H. in the parish of F., having no other land, devised to J. in fee " all those my three messuages or tenements, with the gardens, close of land, and all other my real estate whatsoever, situate and being at L. H. in the parish of F. aforesaid, now in the occupations of myself," C., W., N. and H. Three of the messuages were in the occupation of the devisor, C., W., N. and H.; the fourth messuage was not in the occupation of the devisor or of C., W., N. or H. Held that the fourth messuage passed by the general words. Ejectment for messuages and lands in the parish of Foleshill in Warwickshire. The demise was dated 19th September 1844. On the trial, before Lord Campbell C.J., at the Spring Assizes for Warwickshire 1850, it appeared that the premises consisted of a house and garden at Little Heath in the pariah of Foleahill. They had been occupied by Ann Carpenter, who had a life interest in them under the will of her father William Smith, deceased, who was seised in fee. She died in September 1844 (before the day of the demise); and on her death the defendant, her son, took possession. The lessors of the plaintiff claimed under the will of Wells Smith, the heir at law of William Smith. Wells Smith died on 27th November 1842; bis will was dated 19th October 1842; and the following was the clause relied upon as passing the reversion to the female lessor of the plaint/iff, who was the Jane Campton therein named. "I give and devise unto my said daughter, Jane Campton, all those my three messuages or tenements, with the gar-[182]-dens, close of land, and all other my real estate whatsoever, situate and being at Little Heath in the parish of Foleshill aforesaid, now in the occupations of myself, the said William Campton, George Whorrall, Samuel North, Benjamin Harris, Isaac Cowley, John Harborne, William Horton, Walter Horton, John Clarke, Thomas Clarke, William Clarke, Joseph Hartlett, John Bar and Joseph Edwards, their assigns or undertenants; to hold the same unto my said daughter Jane Campton, her heirs and assigns for ever." At the dates of the will and of the devisor's death the devisor and the other persons named in the will as occupiers all occupied some part of three tenements at Little Heath, of which the property now claimed formed no part. The property now claimed was not occupied by any of those persons, but exclusively by Ann Carpenter. The devisor had no real property besides the three tenements and the property now claimed. The lessors of the plaintiff contended that the general words were sufficient to pass the reversion, though the premises were not in the occupation of any of the parties named. The Lord Chief Justice...
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