Hall against Butler and Another
| Jurisdiction | England & Wales |
| Judgment Date | 24 May 1839 |
| Date | 24 May 1839 |
| Court | Court of the Queen's Bench |
English Reports Citation: 113 E.R. 78
IN THE COURT OF QUEEN'S BENCH.
S. C. 2 P. & D. 374; 8 L. J. Q. B. 239.
[204] hall against butler and another. Friday, May 24th, 1839. N., having no title to certain premises, let them by parol, and received rent. Afterwards another claimant, B., demanded the rent; and N, being satisfied with B.'s title, informed his tenant, in B.'s presence, that he had given up the premises to B. who wag now the landlord, and that the rent was thenceforth to be paid to B. The tenant acquiesced ; and when B. demanded the next quarter's rent, paid part of it on account. Held, that the tenant could not afterwards set up the (a) He also moved that the Master should tax the costs for the defendant, or at any rate not for the plaintiff, as to all except Little Becks ; but, it not appearing that any taxation had hitherto taken place, the Court said that they could not presume that the costs would be taxed erroneously ; and that the motion was therefore so far premature. 10 AD. *B. MB. HALL V. BUTLER 79 title of a third claimant who had demanded rent, but had taken no step to eject him ; no deception by any of the parties having been suggested. [S. C. 2 P. & D. 374 ; 8 L. J. Q. B. 239.] Replevin. Avowry for rent due from plaintiff as tenant to defendant, Butler. Plea, non tenuit. On the trial before the recorder of Chester, the defendants proved a will of Joseph Butler (whose heir defendant Butler was), dated 8th August 1783, by which he devised the premises in fee to his daughter Elizabeth, who...
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