Kren against Kirby
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | High Court |
English Reports Citation: 86 E.R. 924
IN THE COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
case 18. kren against kirby. If a copyholder in reversion enter upon the tenant for life, he is a disseisin', and a surrender by him is void.-S. C. 2 Danv. 205. S. C. 1 Mod. 199. Post, 287. Moor, 597. 1 Leon. 95. 1 fioll. Abr. 500. Cro. Eliz. 662. 3 Leon. 239. 1 Bac. Abr. 473. 1 Term Eep. 600. 3 Term Kep. 365. Ejectment. The lessor of the plaintiff claimed under a surrender made to him by William Kirby, who had an estate in the land after the decease of his father, but entered during his life, and thereby became a disseisor; and his estate being now turned into a right, he made the surrender to the lessor of the plaintiff; all which was found by special verdict at the trial.--And it was adjudged that the surrender was void. [33] It was pretended at the trial, that the father, who was tenant for life, had suffered a common recovery in the lord's court, and so his estate was forfeited, for which the son might enter, and then his surrender is good.-But the Court answered, that without a particular custom for that purpose, the suffering a recovery would...
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