Eldridge v Knott and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1774 |
| Date | 01 January 1774 |
| Court | High Court |
English Reports Citation: 98 E.R. 1050
IN THE COURT OF KING'S BENCH, CHANCERY AND COMMON PLEAS
Referred to, Bryant v. Foot, 1868, L. R. 3 Q. B. 516; Dalton v. Angus, 6 App. Cas. 783.
eldridge versus knott and others. 1774. Mere length of time, short of the ^23 ~5 period fixed by the Stat. of Limitations, and unaccompanied with any circum- stances, is not of itself a sufficient ground to presume a release or extinguishment of a quit rent. [Referred to, Bryant v. Foot, 1868, L. R. 3 Q. B. 516 ; Dalton v. Angus, 6 App. Cas. 783.] Upon shewing cause why a new trial should not be granted in this case, Mr. Justice Ashhurst reported from Baron Eyre as follows : This was an action of trespass for breaking and entering the plaintiffs house, and destroying his goods. Plea not guilty. Verdict for the plaintiff. "] The- defendants were bailiffs of Dennis Eolle, Esq; lord of the manor of East Suderly and Lockerly in the county of Wilts; and the trespass complained of, was for taking a distress for quit-rents due to the lord, in right of this manor. Upon evidence it appeared, that till the year 1736, a quit rent had been regularly paid to the respective lords of this manor, for the tenement in question. That in the year 1738, a demand was made and refused ; since which time there had been no further demand, nor had any payment been made, till within these few years, from the year 1736 to the time of the present action. That in 1736, an action was tried between the lord of the manor, and the owner of the tenement in question, for cutting down 1COWP. 215. ELDBIDGE V. K.NOTT 1051 two timber trees growing thereon; when a verdict was given for the tenant: since which the owners of the tenement in question had refused to pay this quit rent, or to attend the lord's court. Upon these facts Mr. Baron Eyre was of opinion, that though the claim of the defendant was not barred by the Stat. of Limitations, yet, that a non-payment and acquiescence for 37 years, waa a sufficient ground to presume a release or extinguishment of the quit-rent; and left it to the jury to say, whether, upon the evidence, they would or would not presume it was so released or extinguished: and the jury found it was. Mr. Buller had moved for a new trial upon the ground of this being a misdirection of the Judge, and that the verdict waa against evidence. Mr. Serjeant Davy and Mr. Kirby shewed for cause; that though there was no case exactly in point, yet by analogy to the...
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