Nightingall v Smith

NlGHTINGALL v. smith, (a) 1848.-Devise of " all that my messuage or dwelling-house, out buildings, garden, lands, and appurtenances, in which I now live, at Higher Tranmere ; also the croft, close, or inclosure of ground situate at Tranmere aforesaid, which I have lately purchased, with the two cottages erected thereon." At the time of his will, the testator occupied a dwellitig-house, outbuildings, stable, and garden at Tranmere. He had occupied also four closes of laud, in all (a) This case wag decided in Michaelmas Tenn, 1846, but has been accidentally omitted in the reports of that period. 376 LIGHTING ALT, V SMITH 1 EX 880 eleven acres, wht h he h.ui bought .it the same tune u ith the duelling-house, outbuildings, stable, and gaidon , but a yeai befoie the date ot his will he had given up the occupation of those closes He did not occupy any othei lands in Trarimeie, besides what would he coin prised within the teims "dwelling-house, outbuildings, Mid gaiden "-Held, th.it tlie four closes of kind passed by thiH devise The following case was sent by hts Houoi the Vice-Chancellor of England, fot the opinion of thin Court In the month of February, 1807, William Hough purchased fiom John Fishei certain freehold hereditaments, which hereditaments weie described in the indenture of feoffment, dated the 2nd day of February, 1807, by which the same were conveyed to the said William Hough, in manner following, that is to say " All that messuage or [880] dwelling-house, with the stable and garden thereto belonging, situate in Tranmere, in the county of Chestei , and also all those two closes, closures, or parcels of land, situate in 'Iranmere aforesaid, and called or known by the name or names of the Town Field and the Grange Way, or by whatsoever othei name or names the same, or either of them, then were or theietofoie had been called, known, or drstmguished, containing in the whole, by common estimation, six acies and a half of the large Cheshire measure, or thereabouts" And in the month of January, 1S36, the said William Hough purchased from Andrew Jones other freehold hereditaments, which heredrtaments were described in the indentures of lease and release, dated the 6th and 7th days of Januaiy, 183( , by which the same were conveyed to him, in manner following, that \s to saj. " All that close or parcel of land situate in Higher Iranmere afoiesaid, bounded on the noith by land belonging to George Or red, Esquire, on the south by the road leading to Prenton , on the east by the highway leading through the village of Tranmere , and on the west by an occupation road, and then in the occupation of Richard Keruick And also all those two messuages, cottages, and dwelling-houses, with the appurtenances then lately erected thereon bv the said Andrew Jones, and then rn the occupation of Joseph Wilkinson and Richard Latham, and then appurtenances " Higher Tranmere is part of the parrah of Tranmere, and the heredrtaments so as aforesaid purchased in February, 1807, as well as those purchased in January, 183fi, were situate in Higher Tianrnere The said close called the Town Field was dmded by the said William Hough into three closes, and such three closes, and the close called the Grange Way, (being together four closes), contained eleven acres, three roods, and thirty-eight peiches, of statute measure. The said...