George Butcher against John Butcher
Jurisdiction | England & Wales |
Judgment Date | 08 November 1827 |
Date | 08 November 1827 |
Court | Court of the King's Bench |
English Reports Citation: 108 E.R. 772
IN THE COURT OF KING'S BENCH.
S. C. 1 Man. & Ry. 220; 6 L. J. K. B. O. S. 51. Applied, Hey v. Moorhouse, 1839, 6 Bing. N. C. 57; Hodson v. Walker, 1872, L. R. 7 Ex. 69.
george butchek against john butcher. Thursday, November 8th, 1827. A party having the legal title to land having entered, may maintain trespass against a person wrongfully in possession at the time of entry, and continuing in such possession afterwards. [S. C. 1 Man. & Ry. 220; 6 L. J. K. B. 0. S. 51. Applied, Hey v. Moorhouse, 1839*, 6 Bing. N. C. 57; Hodson v. Walker, 1872, L. R. 7 Ex. 69.] Trespass for breaking and entering the plaintiff's close, mowing, and cutting down the grass, corn, and crops; and taking and carrying away the hay, corn, and crops of the plaintiff. Plea, first, not guilty. Secondly, liberum tenementum. At the trial before Garrow B., at the Summer Assizes for the county of Bucks, 1827, it appeared that the plaintiff and defendant [400] were the sous of George Butcher, who in 1761 was admitted a copyhold tenant to the close in question, to hold to him the said G. Butcher, the Elder, W. S. Butcher, his second son, and G. Butcher, the...
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Hegan v Carolan
...trespass will lie; and I give judgment for him with £2 damages. T. C. T. (1) Before Pim J. (1) 12 I. C. L. R. 418. (2) 1 A. C. 414. (3) 7 B. & C. 399. (4) [1893] 2 Ch. (5) 14 Q. B. 65. (1) 7 B. & C. 399. (2) 2 Ex. 803. (3) 1 A. C. 414. (4) 2 Ex. 803. (5) 1 A. C. 414. (6) 14 M. & W. 442. I a......
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Ackland v Lutley
...at liberty to return at any time during the 25th, notwithstanding any entry in the meanwhile by persons not entitled: Butcher v. Butcher (7 B. & C. 399). Then it must be contended that, when the plaintiff attempted to enter, James Pring, the tenant, had incurred a forfeiture by delivering t......
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Perry against Fitzhowe
...application of that doctrine to a case in which criminal violence is used. In Taunton v. Costar (7 T. R. 431), and in Butcher v. Butcher (7 B. & C. 399), which was a similar case, there was no entry with violence to any person. And in both cases it was considered a material question, whethe......
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...denies the property in the goods, in the other, of the Und He also leferred to AMy v Minnett (8 A & E 121), and Kuteher v Butchei (7 B & C 399) Welsby, in reply, contended that, according to the defendant's argument, the plea of hberum tenementum was bad, but he admitted that, before the Ne......