John Jack, lessee of the Rt. Hon. George Robert Dawson and of others, - Plaintiff in error; William McIntyre and Elizabeth his wife, - Defendants in error
| Jurisdiction | England & Wales |
| Judgment Date | 08 April 1845 |
| Date | 08 April 1845 |
| Court | House of Lords |
English Reports Citation: 8 E.R. 1356
House of Lords
Mews' Dig. viii. 721. See Martyr v. Lawrence, 1864, 2 De G. J. and Sm. 261; Kingsmill v. Millard, 1855, 11 Exch. 313; Murphy v. Daly, 1860, 13 Ir. C.L.R. 239.
Lease - Construction - Admeasurement or Boundaries.
[151] JOHN JACK, lessee of the Rt. Hon. GEORGE ROBERT DAWSON and of others, -Plaintiff in error; WILLIAM M'INTYRE and ELIZABETH his wife,- Defendants in error [April 8, 1845]. [Mews' Dig. viii. 721. See Martyr v. Lawrence, 1864, 2 De G. J. and Sm. 261 ; Kingsmill v. Millard, 1855, 11 Exch. 313; Murphy v. Daly, 1860, 13 Ir. C.L.R. 239.] Lease-Construction-Admeasurement Or Boundaries. By lease made in 1719 the lessor demised, for three lives, renewable for ever, all that part of the townland of B., containing 509 acres arable, meadow, and pasture, bounded on the south by D., on the north and east with L. N., and on the west with T.'s and W.'s land, with all rights thereto belonging, excepting and reserving all mines, quarries of stone and coal, and all royalties, and all 1356 jack v. m'intyre [1845] xn clark & finnelly, 152 timber above and under ground. There were several renewals of the lease in .the same terms as to the content* and boundaries of the demised premises. Held by the Lords, affirming judgments of the Courts in Ireland, that 400 acres of bog and land reclaimed from bog, which were situated within the ambit of the specified boundaries, passed under the lease and the renewals thereof, in addition to the 509 acres arable, meadow, and pasture. This was a writ of error on, a judgment in an action of ejectment, brought in the Court of Queen's Bench in Ireland, in 1836, by Jack, a nominal plaintiff, on the several demises of George Robert Dawson, and other persons (who are trustees) against Sirs. Elizabeth Bell, who has since married William M'Intyre. The facts were these: - Joshua Dawson, the ancestor of the above named lessor of the plaintiff in error, by indenture of lease, dated the 13th of August, 1719, demised unto1 John Blair, his heirs and assigns, " all that part of the townland of Ballymaguigan, containing 509 acres arable, meadow, and pasture, English statute measure, for three lives, renewable for ever; bounded on the south with Derrygarre, on the north and east with Lough Neagh, and on the west with John Tough's and James Wallwood's lands, situate, lying, and being within the manor of Castle Dawson, in the county of Londonderry, with all and singular the [152] rights, etc., and appurtenances thereunto belonging, excepting and reserving out of said demise all mines, minerals, and quarries of stone and coal," etc., " and all timber and wood above and under ground; " etc., subject to the payment of the rent therein reserved. Several renewals of this lease were subsequently executed, 'pursuant to a covenant for renewal therein contained; the last and still subsisting renewal, dated the 1st of November, 1797, described the subject-matter of demise in the same words; viz., " containing 509 acres arable, meadow, and pasture, English statute measure." The townland of Ballymaguigan contains, besides the part comprehended within the above specified boundaries, Tough's and Wallwood's lands, and a portion of land in the possession of the lessor of the plaintiff himself. These lands lie outside the boundaries of the demised premisesi, and within those boundaries are contained, in addition to the 509 acres arable, meadow, and pasture, nearly 400 more acres of bog, and cut out or reclaimed bog, interspersed with and surrounded by the arable land, except on one side, where the demised land is bounded by Tough's and Wallwood's lands, and on one part of another side where it is bounded by Lough Neagh. So that the space within the said boundaries measures altogether 905 acres, or thereabouts. The lessors of the plaintiff, who represent the estate and interest of Joshua Dawson, now for the first time claim to be entitled to all the bog lying within the boundaries specified in the lease of 1719, contending that 509 acres arable, meadow, and pasture, and no more, passed by that lease, and that no portion of the bog passed by it, although lying within the boundaries therein specified. The defendants in error, who derive by mesne assignments from John Blair, claim all that is contained within the boundaries specified in the original lease, according...
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