Jones v Morris and Another
| Jurisdiction | England & Wales |
| Judgment Date | 24 April 1849 |
| Date | 24 April 1849 |
| Court | Exchequer |
English Reports Citation: 154 E.R. 1044
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S C 18 L J Ex 477 Referred to, Bonner v Tottenham and Edmonton Building society, [1899] 1 Q B 172
[742] jones v morris and another April 24, 1849 -To an avowry for rent, a plea1 in bar of payment to a ground landlord or othei mcumbrancei amounts to a plea of nens in arrere, and should be so pleaded [S C 18 L J ev 477 Referred to, Bonnet v Tottenham and Edmonton Bmldmij Society, [1899] I Q B 172 ] Replevin of cattle, goods, and chattels Avowry, as a distress foi one yeai's rent due on the 12th of May, 1845, in respect of an undivided third part of a faim intitled Anniodd, held by the plaintiff as tenant to the defendant, under a demise thereof, at the yearly lent of 211, payable half-yearly on the 12th of May and the 12th of November Plaa, that, long before the making of the demise in the avowry mentioned, and long before the defendant had any estate or mteiest in the said farm, and before the 3M. 748. JONES V. MORRIS 1045 said time when &c., to wit, on &e., one R. W. Wynne was seised in his demesne as of fee of and in the said lands in the avowry mentioned, called Atitnodd, of which the said close, in which &c., then was and since continually hath been, and now is, a part, and also of certain other lands called Aumodd Ucha, and also of certain other parcels of land called Gwerglodd ; and being so thereof seised, afterwards and before fche making of the demise in the avowry mentioned, and before the defendant had any estate or interest in the said farm and lands, and before the said time when &c., to wit, on &e., the said K. W. Wynne demised all the said lands hereinbefore mentioned to one Morris Richards, to have and to hold the same to the said M. Richards, his heirs and assigns, for and during the term of the natural lives of the said M. Richards, and of one R. Richards, and of one D. Roberts, and the life of the Longest liver of them, at and under the yearly rent of 331. 5s., payable unto the said R. W. Wynne, his heirs and assigns, half-yearly, at or upon the Feast of St. Philip and Jacob fche Apostles and St. Michael the Archangel; by virtue of which demise the said M. Richards then became and was seised of the said farm and lands, with the a/ppurtenances, in the avowry mentioned, in his demesne as of freehold. That, until and at the same time when &c., and at the time of [743] the commencement of this suit, the said D...
To continue reading
Request your trial
-
Grogan v Regan
... ... The earlier of those, Drew v. Norbury ( 3 ), is a well-known authority on another branch of the law. The question upon the Statute of Limitations was not discussed on the ... conferred by the immediate landlord under the contract contained in the sub-demise: Jones v. Morris ( 1 ); and a request to make such payment was implied. The 21st section of the ... ...
-
Ahearne v M'Swiney
...4 C. B. 665. Sapsford v. FletcherENR 4 T. R. 511. Taylor v. ZamiraENR 6 Taunt. 524. Carter v. CarterENR 5 Bing. 406. Jones v. MorrisENR 3 Ex. 742, 186. Money paid Voluntary payment Subsequent adoption Cause of action Statute of Limitations 568 THE IRISH REPORTS. [I. R. AHEARNE v. M'S W1NEY ......