Lysney v Selby
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1790 |
| Date | 01 January 1790 |
| Court | High Court |
English Reports Citation: 92 E.R. 240
COURTS OF KING'S BENCH AND COMMON PLEAS
Applied, Dobell v. Stevens, 1825, 3 B. & C. 625; Attwood v. Small, 1838, 6 Cl. & Fin. 445.
lysney vers. selby. [Applied, Dobell v. Stevens, 1825, 3 B. & C. 625 ; Attwood v. Small, 1838, 6 Cl. & Fin. 445.] Declaration, post, vol. 3, p. 31. An action will lie against the seller of any interest in an estate for affirming the rents to be more than they are while he is in treaty about the sale, if the party to whom tha affirmation is made relies upon it, and buys the interest thereon. Vide 3 T. R. 51, ante 593, and the books there cited. An action upon the case pro eo quod cum quaedam conservatio habita et mota fuit inter the defendant and plaintiff, de et concernens perquisitionem 14 mesuagiorum 2 LD. SAYM. 1U9. HIL. TERM, 3 ANN^E REGIN^E 241 cum pertinentiis of the defendant's by the plaintiff of the defendant to which or to the equity of redemption eorundem the defendant had titulum et remanere cujusdam termini 61 annorum commencing in craatino Lady-Day 1683 then to come and unexpired ; and upon that communication the defendant affirmed falsely and fraudulently to the plaintiff, that the aforesaid 14 houses cum pertinentiis were then demised at the yearly rent of 681. to which assertion and affirmation of the defendant's then and there so made the plaintiff giving credit, the same plaintiff afterwards, viz. the same day and year and place bought of the aforesaid defendant the said 14 messuages cum pertinentiis for a great sum of money, viz. for 51. in hand paid, and for 2001. then before owing to the plaintiff by the defendant for money lent by the plaintiff to the defendant, and thereupon the defendant by an indenture of assignment between the said plaintiff and defendant bargained and sold and assigned to the plaintiff the said 14 messuages cum pertinentiis, and the equity of redemption of the same, to hold to the plaintiff for the residue of the said term of 61 years then to come and unexpired, ubi revera et in facto the said 14 houses at the time of the affirmation of the defendant aforesaid, and at the said time of the buying and assignment aforesaid, were demised for 521. 10s. only and no more ; et sic idem the plaintiff says, that the defendant then and there falsely and fraudulently deceived and defrauded the plaintiff to the damage of the plaintiff of 2001. Upon not guilty pleaded, there was a verdict for the plaintiff. Mr. Eyre moved in arrest...
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Hopkins v Tanqueray
...down to the plaintiff] Then, is it any objection that the representation was made before the actual contract. In Lysney v. Selby, 2 Lord Raym. 1118,-where the representation was before the sale,- Lord Holt says : " If upon a treaty about the buying of certain goods, the buyer should ask the......
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Vignolles v Bowen
...10 Ir. Eq. Rep. 386. Herring v. Dean and Chapter of St. Paul's 2 Wils. Ch. R. 11. Barrwud v. ArcherENR 2 Sim. 433. Lysney v. selbyENR 2 Ld. Raym. 1118. Daniel v. Davison 16 Ves. 249. Flight v. Barton 3 M. & K. 282. Pope v. Garland 4 Y. & Col. 394. Cosser v. collinge 3 M. & K. 283. Van v. Co......
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New Brunswick and Canada Railway and Land Company Ltd v Conybeare
...of the other party to become, or not to become, a purchaser. Dobell v. Stephens (3 Barn, and Cres. 623), where Lysney v. Selby (2 Lord Raym. 1118), is cited and acted on. A specific statement of a definite fact dispenses with the necessity of examining into its truth, for " fraud may consis......
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Vernon v Keyes
...the action Was held to lie; though it was urged that the Plaintiff might have asked the tenant as to the rent. And in Lysney v. Selby, 2 Lord Raym. 1118, judgment was given for the Plaintiff in a similar action, though it was there also suggested that the vendee might have enquired into the......