Doe, on the several demises of John Earl of Shrewsbury and of James Hurd Allen, against Thomas Keeling
| Jurisdiction | England & Wales |
| Judgment Date | 19 April 1848 |
| Date | 19 April 1848 |
| Court | Court of the Queen's Bench |
English Reports Citation: 116 E.R. 704
QUEENS BENCH
S. C. 17 L. J. Q. B. 199; 12 Jur. 433.
DOB, ON THE SEVERAL DEMISES Olf JOHN EARL OF SHREWSBURY AND OF JAMES hurd allen, against thomas keeling. Wednesday, April 19th, 1848. On the. trial of an ejectment, in order to account for an apparently adverse possession by defendant, the lessor of plaintiff proposed to prove that defendant had held under a lease granted by a party through whom lessor of plaintiff claimed, dated seventy years back, which had expired three years back. The lease was offered in evidence; and it appeared that it had been seen in the hands of the land agent of the lessor of the plaintiff, that the agent was in the assize town the day before the trial, but had left it and had not yet returned ; and that his bag was cut open in Court, and the lease taken from it, by the plaintiff's attorney. The Judge having rejected the evidence, and nonsuited the plaintiff, Held that the evidence ought to have been received : and a new trial was granted. [S. C. 17 L. J. Q. B. 199; 12 Jur. 433.] Ejectment for messuages and lands in Staffordshire. On the trial, before Patteson J., at the last Staffordshire Assizes, it appeared that John Earl of Shrewsbury, the first lessor of the plaintiff, claimed through George, late Earl of Shrewsbury; and that the defendant held as tenant to his father, Thomas Keeling the Elder, who had been in possession for more than forty years. The plaintiff's counsel proposed to meet this by proving that Keeling, the father, held [885] under a lease granted by Earl George in 1776 for ninety-nine years, determinable upon three lives, to John Smith, who bad assigned to Keeling, the father, and Allen, the second lessor of the plaintiff, in 1800; and that the last of the lives expired in 1845. Alien now claimed under a later lease from the first lessor of the plaintiff. The lease of 1776 was produced by the attorney for the plaintiff, who said that he had seen it in the custody of Thomas Ward, land agent to the present Earl of Shrewsbury: that Ward was in the assize town on the day before the trial, but had left it, and had not returned : and that he, the attorney, had taken it from Ward's carpet bag, having cut the bag open in Court for the purpose. It appeared to be executed by Earl George only. The learned (a) Keported by H. Davison, Esq. 11Q. H88. DOE V. KEELING 705 Judge, on...
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