Goodtitle, ex dimiss. Bridges et Al', v Duke of Chandos

JurisdictionEngland & Wales
Judgment Date13 November 1760
Date13 November 1760
CourtCourt of the King's Bench

English Reports Citation: 97 E.R. 710


Goodtitle, ex dimiss. Bridges et Al'
Duke of Chandos

goodtitle, ex dimiss. bridges et al', versus duke of chandos. Thurs. 13th Nov. 1760. Common recovery may be suffered by a tenant in tail, who has power to luffer it, but he must either be tenant in tail in possession, or have the concurrence of the freeholders claiming under the same settlements. Upon a motion for a new trial, made ob the part of the defendant, upon the foot of a misdirection given to the jury by the Judge who tried the cause; (uppn which direction of the Judge, the jury had found a verdict for tbe plaintiff;) the case appeared upon the report of Mr. Just. Noel, (the Judge who tried the cause,) to be as follows; viz. Sir Thomas Bridges, being seised in fee, of the manor and demesne lands of to the poor; for no man by appointing his lands to an hospital can discharge them from taxes to which they were subject before, and throw a greater burden on their neighbours. * V. ante, p. 1056. [And post, 4 Burr. 2013.] 3 BURR. 1066. GOODTITLE V. DUKE OF CHANDOS 711 Keynsham in Somersetshire, and of several other lands in Keynsham aforesaid, and also of several estates in various other places, made a settlement of all these estates, at the time of the marriage of his eldest son, Mr. Harry Bridges, with his first wife the Lady Diana Hollis; Sir Thomas having at that time five sons living, viz. this Mr. Harry Bridges, Edward Bridges, George Bridges, and two younger sons. The settlement was to the use of Sir Thomas himself for life, as to part; with remainder to his eldest son Harry, for life; remainder to the heirs male of Harry's body by that first marriage; remainder to the heirs male [1066] of his body by any other marriage; remainder to Sir Thomas's second son, Edward Bridges, in strict settlement; remainder to George Bridges, for life; remainder to George, in tail male; with remainder to the right heirs of Sir Thomas, the rest of the estate was settled to the same uses, with this difference only, viz. that there was no life-estate to Sir Thomas himself therein ; but Mr. Harry Bridges's estate for life, took place immediately. There was a power given, by this settlement, to Mr. Harry Bridges, to make a jointure upon a second wife. Mr. Harry B. had no issue by Lady Diana: but, during her life he had an illegitimate son named James Bridges, by another woman. After the death of Lady Diana, and after the birth of James Mr. Harry Bridges, (in his old age) married a young woman, (of the name of Freeman;) upon whom, pursuant to the power given him, he settled about 2801. per annum (being part of the demesne lands of Keynsham,) for her life: and she survived him, and lived till 1759. Mr. Harry Bridges having no issue by his last wife nor by his former, and being reversioner or remainder-man in fee (as before mentioned) of the whole family estate, and his brother Edward, and his two youngest brothers being all dead without issue; and his nephew George Rodney Bridges, (the only son of his brother George) having no child by his lady; the said Mr. Harry Bridges did, in his life-time, by bargain and sale inrolled, grant this his reversion of the whole settled estate, to his natural son James Bridges, the lessor of the plaintiff. But after the death of Harry, and during the life of his widow, (who was tenant for life of this 2801. per ami. part of the demesne lands of Keynsham,) the said George Rodney Bridges, (the only son of George then deceased,) being tenant in tail in possession of all the rest of the estate, except that part which was settled upon the widow, who was then living in possession of that part;) but being tenant in tail in remainder only, of that part whereof the said widow was in possession as tenant for life; suffered a recovery, in the year 1728, of the whole settled estate; using (at least) such descriptions as might be sufficient to include all the estate that lay in Keynsham, under the general description of that part of the estate : after the suffering of which recovery, he settled the whole estate included in the recovery, upon the Duke of Chandos, and then died. The duke, upon the death of the said Mr. George Rodney Bridges, came into immediate possession of all the rest of the estate, except that part which the widow of Harry was in possession of for her life as aforesaid : and upon her death, in 1759, he took possession of that part also. [1067] Whereupon, Mr. James Bridges, the bargainee of the reversion in fee, which was granted to him by his father Harry as aforesaid, brought this ejectment against the duke for that part of the Keynsham estate, which Harry's widow died in possession of; supposing that Mr. George Rodney Bridges could have no power to settle that part upon the duke, whatever power he might have over the rest of the estate, (of which he was tenant in tail in possession when he suffered the recovery). The duke, at the trial, would have defended his title, by setting up this common recovery suffered by G. R. B. the remainder man in tail; which he produced and proved; but the duke being unable to give any sort of evidence of an actual surrender of the widow's life estate, (which the plaintiff urged to be necessary, in order to enable the tenant in tail in remainder to make a good tenant to the prajcipe ;) the counsel for the defendant (the Duke of Chandos) insisted at the trial, " that a surrender of the life-estate ought, after so long a time, to be presumed ; even although they should give no evidence whatsoever relating to any such surrender." But Mr. Justice Noel was of opinion, " that a surrender by the tenant for life could not be presumed, when no evidence at all had been given to render it in the least probable; and; when the possession had not gone along with the recovery, but continued in the tenant for life, till the time of bringing the ejectment." And accordingly, he directed the jury to find for the plaintiff: which they did. 712...

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9 cases
  • Careswell and Another against Vaughan
    • United Kingdom
    • Court of the King's Bench
    • 1 Enero 1845
    ...could not presume a surrender, and the recovery was void as to that part, and thought that the proposition in Strange was too general. 2 Burr. 1065, Goodtitle v. Duke of Chandos. Indeed, where a person has a power to suffer a recovery, omuia presumuntwr rite et solemniter ada, until the con......
  • Green against Proude
    • United Kingdom
    • High Court
    • 1 Enero 1796 tenant for life to make a tenant to the prcecipe.-S. C. 1 Vent. 257. 1 Ch. Ca. 292. Cro. Jac. 455. Cruise, 31. 2 Stra. 1129, 12( 7. 2 Burr. 1065. Pigot on Recov. 41. Lutw. 1549. 2 Atk. 44.-Fine levied by tenant for life is a forfeiture, but not by tenant in tail.-2 Co. 55 b. 56 a. 9 Co. ......
  • Smith against Pierce
    • United Kingdom
    • High Court
    • 1 Enero 1793
    ...on the Demise of Atkins v. Horde. (e) Latch, 53. 1 Leon. 121. Lit. s. 588.-See Taylor v. Horde, 1 Burr. 60; GooAtitle v. Duke of Chandos, 2 Burr. 1065. Stra. 860. SHOD. 188. EASTER TEEM, 4 JAC. 2. IN B. R. 127 election of those who have the interest in it (a). The case of Blunden v. Baugh (......
  • Stewart v The Marquis of Conyngham
    • Ireland
    • Rolls Court (Ireland)
    • 16 Abril 1851
    ...8 East, 248. AnonymousENR 1 Leon. 86. Swann v. BroomeENR 3 Burr 1595. Framlingham v. BrandENR 3 Atk. 389 Rex v. St Luke's HospitalENR 2 Burr. 1065. Wynne v. LloydENRENRENR Sir T. Raym, 16; S. C. 1 Lev. 130; 1 Sid. 213. Lord Cromwell's caseUNK 2 Rep. 74, a. Pledall v. Pledall Sir t. Moo. 96.......
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1 books & journal articles
    • Nigeria
    • DSC Publications Online Sasegbon’s Judicial Dictionary of Nigerian Law. First edition R
    • 6 Febrero 2019 natural justice or morality." Similarly, the words "natural justice" have been held by Lord Mansfield, C.J. in Moses v. Macfarland, (1760) 2 Burr. 1065, in an action to enforce a quasi- contract, to mean equity and natural law. He put it thus: - "The words "natural justice" were here cle......

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