John Gun and Wife against Prior and Others
| Jurisdiction | England & Wales |
| Judgment Date | 16 December 1785 |
| Date | 16 December 1785 |
| Court | Exchequer |
English Reports Citation: 145 E.R. 1121
IN THE COURT OF EXCHEQUER
* John, Gun and Wife, against Prior and Otfters. 16th December, 1785. The bill stated, -That Ami Allen died in I 762, seised in fee of certain lands, as heir of Benjamin LTphman, leaving Edward, her husband, surviving her, who thereupon became tenant by the courtesy, and continued in possession till the L7th of December, 17B9, when he died : and that upon his death, Hannah, the wife of the plaintiff John, became entitled to the premisses, as heir at law of Ann Allen, she being the; only child, of Hannah Bean, who was the daughter of Hannah Uphman, the only sisier of Benjamin Uphman ; That immediately upon the death of Kdward Uphman, the defendants took possession of the estate, under pretence that Kclward Allen had devised it to them : and the hill charged, That the defendants well knew that the plaintiff Hannah, was the heir at law of the said Ann Allen ; and as an evidence thereof it charged, that on the 1st of August, 1782, the defendants went to the plaintiff' Hannah, and offered her a sum of money if she would release her right to the premisses, which she refused ; and that they twice afterwards again applied to the plaintiff Hannah for the same purpose ; and the last time offered her 3001. to release her right. It likewise charged, That the defendants pretended that there was some outstanding mortgage-term of the premisses : the bill therefore prayed, That the defendants might account for the rents and proh'ts of the premisses received by them ; and that they might deliver up possession of the premisses to the plaintiff's : and in case it should appear that any term was vested in the defendants, that they might assign it to the plaintiffs; and that they might deliver up to the plaintiffs all title-deeds and writings relating to the premisses, in their custody. To this bill the defendants pleaded, That they were advised that the plaintiff's Ex. Div. i.-36 1122 KTNNERSLEY V. SIMPSON FORREST, 89. person seised in fee, and then deduced a [89] regular title from him to the plaintiff; to which the defendants pleaded facts which tended to shew [90] that the plaintiff was not heir ; the Lord Chancellor said, That if such a plea were good at all, it must laid claim to the premisses in the bill mentioned, in right of the plaintiff Hannah; who in the bill stated herself to be the first-cousin and heir at law of Ann Allen : whereas the defendants said...
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