Mounson v Redshaw
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1845 |
| Date | 01 January 1845 |
| Court | Court of the King's Bench |
English Reports Citation: 85 E.R. 187
COURT OF KING'S BENCH
[186] 32. mounson versus redshaw. Trin. 19 Car. II. Regis, Rol. 382. Yorkshire, to wit.-Thomas Redshaw gent, was summoned to answer Sir John Mounson, Knight of the Bath and Baronet, of a plea wherefore he took six hogsheads of alum of him the said Sir John, and unjustly detained the same [187] against sureties and pledges, &c. And whereupon the said John, by Richard Aston his attorney, complains, that the said Thomas, on the 10th day of March, in the 19th year of the reign of our Lord Charles the Second, now King of England, &c. at the parish of Lith, in a certain place * there called Sandsend Alum-house, took six hogsheads of alum of him the said Sir John, and unjustly detained them against sureties and pledges until, &c. wherefore he says that he is worse, and has damage to the value of 101.; and therefore he brings suit, &c. And the said Thomas Redshaw, by Thomas Johnson his attorney, comes and defends the wrong and injury when, &c. and as bailiff of Sir John Mounson senior, Knight of the Bath, and Baronet, well acknowledges the taking of the said six hogsheads of alum in the said place in which, &c. and justly, &c. because he says that the said place in which, &c. is, and at the said time when the taking of the six hogsheads of alum ia above supposed to be done, was one messuage, in which the making of alum was used, called Sandsend Alum-house, in the parish of Lith aforesaid: and that long before the said time when the taking of the said six hogsheads of alum is above supposed to be done, the Lord Charles the First, late King of England, was seised of the manor of Mulgrave, with the appurtenances, in the said county of York, used for making alum, of which said manor the said messuage in which, &c. is, and from time whereof the memory of man is not to the contrary was parcel, in his demesne as of fee in right of his Crown of England; (1) and being so seised thereof, the said late King * See post, 347, note (1). (1) In all cases of declaration, pleas, avowries, &c. by tenant in tail, for life, or years, where the commencement of the particular estate must be shewn in the case of a common person, the same thing must also be done where the estate is derived from the King. It must be shewn of what estate the King was seised at the time of the grant. So with respect to corporations, sole or aggregate. For the King or corporation may be seised of a less estate than a fee-simple. Lat. 14, Newman v. 188 MOUNSON V. REDSHAW 1WMS. SAOND. 188. afterwards, to wit, on the 1st day of March, in the 9th year of his reign, by his certain indenture, sealed with his Great Seal of England, made between the said late King and one Sir John Gibson Knight, and in due manner enrolled of record in the Court of Chancery of the said late King at Westminster, demised, granted, and to farm let to the said Sir John Gibson the said messuage, with the appurtenances, in which, &g. then and there used for making alum, and called an alum-House (among other things), by the names of all those the said late King's alum-works, alum-mines, and alum-houses, built within the manor of Mulgrave, in the county of York, and also all the said late King's right, title, and interest of, in, arid to all and singular pans, pits, cisterns, coolers, settlers, warehouses, storehouses, edifices, buildings, lead, iron, timber, stores, coals, urine, kelp, ashes, lees, pumps, barrows, pipes, and all other implements, instruments, engines, work-looms, and all other apparatus whatsoever necessary and belonging, by what name or names soever called or known, which then [188] were, or at any time or times thereafter should be, in, or belonging to the said alum-mines, alum-houses, and alum-works, or either or any of them; and all and all manner of liquors and juices, and minerals, and other things incorporated with or in the said alum-mines or any of them, or to be extracted or got, arising, growing, or coming from or out of the said alum-mines, or any of them, and the benefit and profit of all juices, minerals, and other things in any manner incident or appertaining to the said alum-mines, or liquors, motterslane, malestone, or otherwise arising from the same, of whatsoever nature, kind, or quality the same then were, or thereafter should be, and all title, interest, benefit, profit, remedy, advantage, and demand whatsoever of the said late King, his heirs and successors, of, in, or to the said alum-works, alum-houses, alum-mines, implements, necessaries, minerals, juices, incidents, and all and singular the premises, and every part and parcel thereof, together with divers and several other grants, licences liberties, powers, privileges, authorities, and preeminences, to the said alum-works, alum-houses, alum-mines, and other the before-mentioned demised premises as aforesaid, or any part or parcel thereof, belonging and appertaining, or for and concerning the same; to have and to holtl to the said Sir John Gibson, his executors, administrators, and assigns, immediately from and after the end, expiration, surrender, forfeiture, or other lawful repeal or determination of a lease or grant by indenture, bearing date the 12th day of May, in the third year of the reign of the said late King Charles the First, made by the said late King to one Sir Paul Fender Knight, and William Turner Esquire, for the term of twelve years, from the Feast of Christmas, in the year of our Lord 1625, to be complete and ended ; and also to the third day of January next following the end of the said term of twelve years, unto the full end and term of thirty-one years thence next and immediately following fully to be complete and ended; and from and after the expiration of the said term of thirty-one years unto the 10th day of February then next following, if alum should be so long made and wrought within the said manor of Mulgrave, or within any other lands of Edward Earl of Mulgrave, or his heirs, within the county of York, and that there should not be any apparent ground for making alum more advantageously in some other place within the realm of England, in the judgment of six fit persons, three of whom to be chosen by the said Sir John Gibson, his heirs, executors, administrators, or assigns, for the said late King, and the three others to be chosen by the said Earl of Mulgrave, his heirs, [189] executors, or assigns; and if they could not agree thereupon, that then the Lord Keeper of the March,. Ibid. 121. It must also be shewn quo jure the King was seised, whether in right of his Crown, Duchy of Lancaster, &c.; for he may be seised in either of these capacities. And the mode of granting the estate varies according to the right in which he ia seised. For the possessions of the Crown can only be granted under the Great Seal, and those of the Duchy of Lancaster under the seal of the duchy or County Palatine. So it is with regard to corporations sole; for having two capacities, it must be pleaded in which of them they were seised when they made the lease, &c. But it is otherwise as to corporations aggregate, as dean and chapter, mayor and commonalty, and the like ; for they can only be seised in right of their corporation. 1 Leon. 153, All Souls College v. Tamworth. 2 Lev. 68, Davetumt v. Bishop of Samm. 2 Lutw. 1233, Jstil v. Clarke. 1 WMB. SAUHD. 188. MICH. 20 CAR. II. REGIS 189 Great Seal of England, for the time being, should direct such a course for the investigation of the truth thereof as he in his wisdom should think just, and so should determine any such question so arising, as by the said indenture, an exemplification of the enrolment whereof, sealed under the lord the now King's Great Seal of England, the date whereof is at Westminster, the 10th day of November, in the 18th year of the reign of our aaid lord the now King, he the said Thomas Redshaw, according to the form of the statute (2) thereof made and provided, brings here into Court, more fully appears. By virtue of which said demise he the said Sir John Gibson was possessed of the interest of the said term of and in the said messuage, in which, &c. (among other things,) and being so possessed thereof, he the said Sir John Gibson afterwards, and before the said time when, &c. to wit, on the 10th day of March, in the said 9th year of the reign of the said late King Charles the First, at the manor aforesaid, by his certain indenture then and there made between the said John Gibson, by the name of Sir John Gibson of Welborne, in the county of York, Knight, and Thomas Viscount Wentworth, by the name of the Right Honourable Thomas (2) Regularly, where a man pleads letters patent to himself or another to whom he is privy,, or under whom he justifies, he ought to shew them to the Court. As where in trespass for taking goods, the defendant pleaded that Queen Elizabeth was seised in fee in right of her Crown, and by her letters patent (without any profert of them) granted to B. for life, who demised to C. for years, and the defendant justified as servant to C.; the plea was held ill upon demurrer for want of aprofert of the letters patent, although he in whose right the defendant justified had but part of the estate. And this judgment was affirmed in the Exchequer Chamber, where it was laid down to be a maxim in law, that if he who is party or privy in estate or interest, or he who justifies in right of him who is party or privy, pleads a deed, though he who is privy claims but parcel of the original estate, yet he ought to shew the original deed to the Court. 10 Rep. 88, 92, Doctor Leyfield's case. Moor, 849, Buckham v. Dendridye. Dy. 29 b. See further as to profert of deeds, ante, 9, Jevens v. Harridge, note (1). By statute 3 & 4 Ed. 6, c. 4, explained by statute 13 Eliz. c. 6, all patentees and every othar person having from them any estate or interest in any lands, hereditaments, or other thing whatsoever, granted to such patentees by any letters...
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