Doe on the Several Demises of Rowlandson, Assignee of Margaret Williams an Insolvent Debtor, of Margaret Williams, and of Jeremiah Williams, against Wainwright and Ledgerwood
| Jurisdiction | England & Wales |
| Judgment Date | 03 November 1836 |
| Date | 03 November 1836 |
| Court | Court of the King's Bench |
English Reports Citation: 111 E.R. 1262
IN THE COURT OF KING'S BENCH.
S. C. 1 N. & P. 8; 2 H. & W. 391; 6 L. J. K. B. 35.
[520] doe on the several demises of RowLANDSON, Assignee of Margaret Williams, an Insolvent Debtor, of margaret williams, and of jeremiah williams, against wainwright and ledgerwood. Thursday, November 3d, 1836. 1. In an ejectment tried at Liverpool, notice to produce a deed of feoffment was given to the defendant on the commission day of the assizes, and the trial took place fourteen days after. The Judge at Nisi Prius having held this to be sufficient notice to let in secondary evidence, the Court refused to disturb the ruling. 2. Held, that an abstract, which had been compared with the deed of feoffment, was good secondary evidence of the contents, no proof being given on either side of the existence of any copy of the deed. Queere, whether, if the existence of such a copy had been proved, the abstract would have been evidence? 3. It appeared, by the abstract, that the deed of feofl'ment purported to be executed by the parties; and it was proved that one H. had, after the date of the feoffinent, been in possession of the premises, and of the deed ; that he had conveyed (in what way it did not appear) to defendant, and, at the time of the conveyance, had handed over the feoffment to the defendant, and that the feoffment was comprehended in the abstract of title then made, which was the abstract produced at the trial. The witness, who proved as above, stated also that there were attesting witnesses to the feoffment, and that a memorandum of livery of seisin was indorsed upon it, and witnessed. Held that, as against the defendant, there was proof of the due execution of the deed, and that it was unnecessary to call an attesting witness, or prove livery of seisin. 4. In ejectment on the several demises of A. and B., proof having been offered in support of both A.'s and B.'s title, defendant tendered evidence after the close of plaintiff's case, which was admissible only as against B.'s title : Held, that the plaintiff might, at that stage, abandon the demise of B., and that, on his doing so, the evidence was inadmissible as against A.'s title. [S. C. 1 N. & P. 8; 2 H. & W. 391 ; 6 L. J. K. B. 35.] Ejectment for messuages in Liverpool. On the trial before Coleridge J., at the last Liverpool Assizes, no evidence was offered in support of Rowlandson's demise. The demises were laid on 10th of June 1836. Wainwright defended as landlord, Ledger-wood as his tenant. It was proved, on the part of the plaintiff, that a person named Oldham was formerly owner of the premises; and the last two lessors of the plaintiff claimed under an indenture of feoffment, said to be dated the 9th of July 1807, between one Rogers of the first part, Oldham of the second, Michael Williams of the third, and Jeremiah Williams, the lessor of the plaintiff, of the fourth; by which Rogers and Oldham granted, bargained, sold, enfeoffed, and confirmed a parcel of ground comprehending the premises in question to [521] Michael and Jeremiah in fee, habendum to them in fee, to the use of Michael and Jeremiah and the heirs of Michael, in trust, as to Jeremiah's estate, for Michael in fee. To prove the execution of this indenture, a witness named Ridgway was called, who stated that he had been in the employment of a parson named Houghton ; that Houghton had occupied the premises after 1807, and had sold them to the defendant Wainwright (a)2; that, at the...
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