Lewis v Wallis
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1790 |
| Date | 01 January 1790 |
| Court | Court of the King's Bench |
English Reports Citation: 96 E.R. 786
COURT OF KING'S BENCH
Lewis
and
ers. Wallis
[13] lewis vers. wallis. Nil habuit in tenemetitis cannot be pleaded in an action for the use and occupation by the permission of the plaintiff. In an action upon the case, for the use and occupation of land, by the permission of the plaintiff, the defendant pleaded nil habuit in tenementis. Upon a demurrer to this plea, it was holden to be bad. And by Lee Ch.J.-Actions for the use and occupation, which were heretofore much discouraged, have of late years been encouraged, and a recovery in them is, in certain eases, made more easy by a modern statute. In the case of Bichards \. Holditch, Hil. 13 G. 2, it was holden, upon great consideration, that nil babuit in tenementis is not a good plea, in an action for the use and occupation of a house by the permission of the plaintiff: and it would be very unreasonable, that the defendant in such action should be allowed to deny the title of the plaintiff, by whose permission he entered upon, and occupied the premises. In order to distinguish the present case from the case of Bichards v. Holditch, it has been said; that it is not in this case expressly alledged, that the land was the land of the plaintiff; whereas in the case of Richards v. Holditch, it was expressly alledged, that the house was the house of the plaintiff: and upon the ground...
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