Hall v Peart
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1682 |
| Date | 01 January 1682 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 1176
King's Bench Division
START 1176 HALL V. PEART POPHAM, 61. hall versus peart. Vide this case in Coke, lib. 2. 32, 33. by the name of Dodington's case. 6. In an ejectione firnm brought by William Hall plaintiff, for land in D. in the county of Somerset, upon a lease made by William Dodington, against John Peart and other defendants, upon a special verdict the case appeared to be this. That one John Brown was in possession of certain lands in D. aforesaid, which before were parcel of the possessions of the Hospital or Priory of S. John's in Wells, the inheritance thereof then being in the late King H. 8. by the Act of Dissolutions: and the King being so seised by his letters patents, dated the 26th of March, 30 H. 8. ex gratia speciali, certa scientia & rnero motu suo, granted to John Ayleworth and Ralph Duckenfield, omnia ilia niessuagia ter. tenemt. & gardina sua & qucec.unqiw tune in seyaraKbus tenuris diversarum personarum, which he named particularly, amongst which the said John Brown was one in Civilate Wellen. ac. in suburbiis ejusdem civitat. & extra, ea.nde.rn civitat. within the jurisdictions and liberties of the said city, late parcel of the possessions of the said hospital, and that the said John Brown had not then any other lands late parcel of the possessions of the said hospital, but this in D. and that this land was quite out of the said City of Wells, and of the suburbs thereof, and also out of the liberties and jurisdiction of the said city, and yet it was found that it was in the particular and parcel of the value, and valued in it in the tenure of the said John Brown at 6s. 8d. a year, and the grant was to the said John Ayleworth and Ralph Duckenfield, and to the heirs of the said John Ayleworth for ever. And it was moved that the grant was good to the said Ayleworth and Duckenfiold, because of the Statute of Non-recital and Mis-recital, because it appearath by the particular, and value that it was intended to be passed : and if this doth not pass, nothing can pass which was in the tenure of the said Brown, because he had nothing in the places comprised in the patent. But it was agreed by all the Court, that it shall not pass by the said patent in this caae, for the word (ilia) is to be restrained by that which follows in the patent, where it depends upon a generality, as here, and that it refers but to that in Wells, as the liberty of that which was parcel of the...
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