Milner against William Jordan
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1846 |
| Date | 01 January 1846 |
| Court | Court of the Queen's Bench |
English Reports Citation: 115 E.R. 1008
QUEEN'S BENCH
[615] milner against william jordan. 1846. To trespass for breaking plaintiffs close, &o., defendant pleaded that plaintiff was tenant from year to year of the locus in quo to B., the owner of the freehold, subject to a stipulation that B., or his oncoming tenant, at any time after the 1st January preceding a 6th April when plaintiff should have received notice to quit on such 6th April, should have liberty to enter and plough ; that B. gave plaintiff half a year's notice to quit on a 6th April, and afterwards "agreed to let" to defendant, and defendant "agreed to take" of B., the land, and hold the same to defendant as tenant from year to year after the expiration of plaintiff's tenancy ; and defendant " thereupon became and was the on-coming tenant of B.," on the expiration of plaintiff's tenancy : and that defendant afterwards entered, between the 1st January and the said 6th April, to plough, &c. (justifying). Held, on demurrer to the replication, a good plea in bar; for that the allegation that defendant became B.'s on-coming tenant was sufficient on general demurrer, assuming that the plea shewed no demise from B. to defendant, and that the contract pleaded required a written instrument (as to which assumptions qutere). The plaintiff, admitting that the locus in quo was B.'s freehold, replied de injuria absque residuo causa. Held bad, on special demurrer, inasmuch as defendant in his plea derived an authority from plaintiff. Trespass for breaking and entering plaintiff's close, and treading down the grass, &c. (with other grievances not pleaded to in the plea after mentioned). Plea (3d), as to the grievances above mentioned. That, before and at the said times when, &c., the close in which, &c. was a certain close of arable land, parcel of a certain farm containing divers closes of arable, &c., together with a certain farm-house, barn and other buildings, which said farm and premises, before and at the times when, &c., were the farm-house, &c., soil and freehold of one Alexander William Robert Bosville; and the said farm and premises, before and at the times when, &c., were held, occupied and enjoyed by plaintiff as tenant thereof to A. W. B. B., to wit as tenant thereof from year to year, upon and subject to certain terms, &c., and, amongst others, the following: that is, that the said A. W. E. B., or his or their on-coming tenant, at any time after the 1st January preceding the 6th day of April when the plaintiff should have given or received [616] notice to quit the said farm and premises on such last mentioned 6th day of April, should have full liberty to enter upon, and to plough, &c., all the arable land of the said farm, except the fallows or turnip fallows of the preceding summer : averment that, whilst plaintiff so held, occupied, &c. the sail! farm and premises, as such tenant to A. W. E. B., and before any of the said times wheif, &c., and more than half a year before the expiration of the then...
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