Doe on the Demise of William Groves against Thomas Groves. [QUEENS BENCH]
| Jurisdiction | England & Wales |
| Judgment Date | 22 April 1847 |
| Date | 22 April 1847 |
| Court | Court of the Queen's Bench |
English Reports Citation: 116 E.R. 185
QUEENS BENCH
S. C. 16 L. J. Q. B. 297; 11 Jur. 558.
[486] Doi on the demise of william groves against thomas groves. Thursday, April 22d, 1847. W. H., seised in fee of a house and land, died in 1798, leaving a widow, and his son J. H. a minor above fourteen years of age. The widow (with whom J. H. lived) continued to occupy the house and land. In 1798, J. H. being still a minor, the widow married the defendant, who continued thenceforward to occupy the house and land. In 1805 J. H. left the premises, but occasionally resided there afterwards for two or three weeks at a time, with defendant and his wife. The wife died in 1841. In 1842 J. H. mortgaged the (a)1 Reported by H. Davison, Esq. (a)3 Before Lord Denman C.J., Coleridge, Wightman, and Erie Js. (e) Referred to in Rex v. Harries, 13 East, 271, and reported in 1 Gude, C. Pr. Ill, note (a). (g) See Rex v. Jollie, 4 B. & Ad. 867, and 869, note (a). (k) April 28. (i) Cause was shewn in Trinity term (June llth) on the merits; and the rule was ultimately discharged. 186 DOE V. GROVES 10Q. B.7. premises in fee to the lessor of plaintiff for money which was paid to the defendant, defendant himself being present at the execution of the deed and privy to its contents, and receiving the money from J. H. Held, that, in ejectment by the mortgagee, the jury were warranted in presuming that the defendant occupied as tenant at will to J. H. [S. C. 16 L. J. Q. B. 297; 11 Jur. 558.] Ejectment for a dwelling house and lands in the county of Chester. Demise, 8th January 1846. On the trial, before Coltman J., at the Chester Spring Assizes, 1846, the following facts appeared. William Hart died intestate in January 1798, seised in fee, and in possession, of the hereditaments in question. His widow Martha Hart, and his and her only son and heir, John Hart, a minor above fourteen years of age, survived him. Martha Hart was the sole guardian of John during his minority. No dower was ever assigned. On the death of William Hart, Martha and John inhabited a house with a garden, &c., part of the hereditaments, and continued to do so until the marriage of Martha with Thomas Groves, the defendant, in December 1798. Administration of the intestate's goods was granted to Martha on 13th May 1798 ; and she took possession of bis stock iu trade, &c. Defendant, on his marriage with Martha, went to inhabit the same premise!, and continued to...
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Anthony Gilbert Martin v Barry Anthony Taylor
...NSWR 1468, referred to Picone v Grocery and General Merchants Ltd 81 WN (Pt 2) 78 ; [1964] NSWR 1018, considered Doe d Groves v Groves (1847) 10 QB 486 , cited Smith v Overseers of Seghill (1875) LR 10 QB 422 , cited Buck v Howarth [1947] 1 All ER 342 , cited Wheeler v Mercer [1957] A......