Johnson against Jones and Another
| Jurisdiction | England & Wales |
| Court | Court of the Queen's Bench |
| Judgment Date | 01 February 1839 |
| Date | 01 February 1839 |
English Reports Citation: 112 E.R. 1421
IN THE COURT OF QUEEN'S BENCH
S. C. 1 P. & D. 641; 8 L. J. Q. B. 124. Referred to, Boodle v. Campbell, 1844, 7 Man. & G. 396. Approved and followed, Underhay v. Read, 1887, 20 Q. B. D. 209.
SAD. ft E. 809. JOHNSON V. JONES 1421 [809] cases argued and determined in the court of queen's bench, and upon writs of error from that court to the exchequer chamber, in hilary vacation, in the second year of the reign of victoria (a). The Judges who sat in Bane in this vacation were, Lord Denman C.J., Littledale J., Williams J., Coleridge J. The following cases, as far as Storr v. Lee, inclusive, are reported by Edward Smirke, Esquire. johnson against jones and another. Friday, February 1st, 1839. To an avowry for rent the tenant may plead payment of it to a mortgagee, to whom the premises had been mortgaged in fee before the demise to the plaintiff, and who had demanded payment from the plaintiff and threatened " to put the law in force " in case of refusal. Such plea is, in substance, a plea of payment, and not of nil habuit in teneraentis, nor of eviction : and where the plea set out the facts at large, and concluded et sic riens in arrere, with a verification, held, that it was not specially demurrable on the ground that it amounted to a plea of riens in arrere and should have concluded to the country. [S. C. 1 P. & D. 641; 8 L. J. Q. B. 124. Referred to, Boodle v. Campbell, 1844, 7 Man. & G. 396. Approved and followed, Underhay v. Read, 1887, 20 Q. B. D. 209.] Replevin. Avowry for 141., being the balance of 401. for one year's rent due at Michaelmas 1834 in respect of premises held by plaintiff as tenant to defendant Jones. [810] Plea; that before the demise, and before defendant Jones had any thing in the premises, one Ann Griffith, being seised in fee of the premises, by lease and release mortgaged them in fee to J. Clement, with a proviso for reconveyance on payment of the mortgage money on a specified day; that default was made in such payment, and the money still remained unpaid; that the equity of redemption descended to David Griffith, who, being in possession of the premises, and having no other estate or interest in them than as aforesaid, made a lease of them to defendant Jones for twenty-one years, who entered into possession and made the demise to plaintiff mentioned in the avowry. That, after the said 141. of the rent became due from plaintiff as tenant to defendant, the...
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Davies against Stacey and Parry
...the mesne tenant could not distrain ; Garter v. Garter (5 Bing. 406). Payment to a mortgagee [509] was specially pleaded in Johnson v. Jonet (9 A. & E. 809); but, from the arguments and judgments, it is clear that the payment might have been given in evidence under riens in arrere. A simila......
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Hickman v Machin
...Div xin -33 1026 HOWE V. SCARROTTDoe d. Mayor of Pooh v. Whttt, 15 M & W. 571. See Delaney v Fox, 2 C B. N. S. 768, (a) Citing Johnson v. Jones, 9 A. & E. 809, H. UN. 720. HICKMAN V. MACKIN 1025 by permission of the mortgagees. On this point he referred to the judgment of Parke, B., in Tinn......
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Jones v Morris and Another
...as much as if they had been mado to the landlord himself, and are so treated in the cases of Sapsfonl v. Fletcher (4 T. li. 511Johnson v Jon-en (9 A & E 809), and the Court expressed a doubt whether the facts weie admissible under the plea of riens in arrere. The text hooks state that, unde......
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Wheeler against Branscombe
...to the defendant: if that be so, the issue on riens in arrere in manner and form, &e. must be found for the plaintiff. In Johnson v. Jones (9 A. & E. 809), payment to the mortgagee was considered to be a defence under this plea; the only difference in the present case is that the plaint......
