Edwin Hardon and John Charlesworth, Overseers of the Poor for the time being of the Township of Stockport v Lloyd Hesketh Bamford Hesketh
| Jurisdiction | England & Wales |
| Judgment Date | 15 January 1859 |
| Date | 15 January 1859 |
| Court | Exchequer |
English Reports Citation: 157 E.R. 804
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 28 L. J. Ex. 137, 7 W. R. 186.
[178] edwin hardon and john charlesworth, Overseers of the Poor for the time being of the Township of Stockport v. lloyd hesketh bampord hesketh. Jan. 15, 1859.-The defendant and his predecessors in estate had paid to the plaintiffi and their predecessors, overseers of the poor of the township of S., an annual sum of 61. 14s. 8d , expressed to be for rent for common lands. It was admitted that the defendant was in possession of the lands out of which the rent issued, but they were not identified, and no evidence was given of their extent or value. The defendant would not produce his deeds Held, that there was evidence on which a jury might find for the plaintiff on a count for use and occupation, [S. C. 28 L. J. Ex. 137 , 7 W. R 186.] Declaration. The plaintiffs, overseers for the time being of the poor of the township of Stockport, in the county of Chester, which said township was and is a township having separate overseers of the poor and maintaining its own poor separately,(a)2 sue the defendant for money payable by the defendant to the plaintiffs as such overseers, for the defendant's use, by the plaintiffs' permission as such overseers, of messuages and .lands of the plaintiffs as such overseers as aforesaid , and for the defendant's use for divers, to wit, twelve years, by the permission of the respective overseers for the time being of the poor of the said township, predecessors in office of the plaintiffs, of messuages and lands of the said respective overseers for and on behalf of such township. Thehe was also a count on a covenant for payment of a freehold rent charge on land conveyed in fee to one Davenport, whose estate was alleged to have come to the defendant in fee.(6) Plea (inter alia): Never indebted. Whereupon issue was joined. At the trial, before Crowder, J., at the last Chester assizes, it appeared that the action was brought to recover the arrears of a rent of 61. 14s 8d. The plaintiffs' (a)1 See 1 Black. Com. 428; Fitz. Nat. Brev 168. (Y)s See 59 Geo. 3, c. 12, ss 17, 35 (b) See f'ailey v. Leigh, 2 Exch. 446 4 EL ft N 178. HARDON U. HESKETH 805 counsel put in certain interrogatories, and the answers to them by the defendant, which were as follows .- " I am by...
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