Harmer v Bean
| Jurisdiction | England & Wales |
| Judgment Date | 24 May 1853 |
| Date | 24 May 1853 |
| Court | High Court |
English Reports Citation: 175 E.R. 566
QUEEN'S BENCH, COMMON PLEAS AND EXCHEQUER
Referred to, Dale v. Hatfield Chase Corpa (1922), 2 K. B. 282.
May 24th, 1853. harmer v. bean. (A. let a house to B. as tenant from year to year, and afterwards granted a lease by deed to C. of the house and other property for twenty-one years : Held, that this transferred the reversion of the house to C , and that A. could not recover against B. for rent due after the lease The mode of proving what occurred on a tri.al in a County Court, is to ask this of some one who was present, as the County Court is a Court of Record without records. If one is sued for rent he cannot, on a plea of never indebted, avail himself of a part payment of money obtained under a distress, or of a judgment obtained against him in a County Court for part of the same rent.) [Referred to, Dale v. Hat field Chase Corp/i (1922), 2KB. 282 ] Action for the use of a messuage of the plaintiff Plea : never indebted It appeared on the part of the plaintiff that the defendant had rented a house of the plaintiff, at a rent of 20? a year, payable quarterly, and that all the rent had been paid up to Michaelmas, 1851, and that after that a sum of 21 had been paid and 4/ more recovered under a distress. For the defendant it was proposed to show that the reversion of this house was not in the plaintiff, and that he was not entitled to receive the rent due at and after Michaelmas, 1852 ; and that on the 10th of November, 1852, the plaintiff had obtained a judgment in the County Court against the defendant for 6/ 14.* for arrears of this rent. On the part of the defendant a lease by deed from the plaintiff to Mr Fiederick Ford, of the house in question and other property, was put in , it was dated on the 4th of August, 1852, and was for twenty-one years, commencing at Midsummer, 1852 ; and the summons and order of the County Court for the payment of GL 12.s , arrears of rent from the defendant to the plaintiff, was also put in. Mr Frederick Ford was called for the defendant, and on his crobs-examination, (a) The Irish Marriage Act is 7 & 8 Viet, c 81, and it regulates marriages in Ireland after the 31st of March, 1845 Before that statute Dr. Browne, who was Professor of Civil Law in the University of Dublin, and a member of the Irish Parliament, in his Treatise on the Irish Ecclesiastical Law (p. 266), lays down that in cases of marriage by licence in Ireland, security must be given that...
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