Pascoe v Swan
| Jurisdiction | England & Wales |
| Judgment Date | 10 November 1859 |
| Date | 10 November 1859 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 201
ROLLS COURT
S. C. 29 L. J. Ch. 159; 5 Jur. (N. S.) 1235; 1 L. T. 17; 8 W. R. 130.
[508] pascoe v. Swan. Nov. 10, 1859. [S. C. 29 L. J. Ch. 159 ; 5 Jur. (N. S.) 1235; 1 L. T. 17 ; 8 W. R. 130.] The Plaintiffs mother and the Defendant were tenants in common in fee. She died in 1851 and her interest descended on the Plaintiff, her heir (then an infant). The Defendant, who had previously occupied the estate, continued in possession and thenceforward excluded the Plaintiff. The Plaintiff attained twenty-one in [857. Held, that the Defendant was accountable to the Plaintiff for the whole period, and ought to be charged with an occupation rent. A copyhold estate called " Stumpus " stood limited upon trust for Mrs. Swan for life, with remainder on trust for her children as tenants in common in fee. Mrs. Swan died in 1839, leaving three children, viz., Joseph Donnithorne Swan, Mrs. Pascoe and James Swan. Joseph Donnithorne Swan afterwards occupied the farm, and maintained his sister, Mrs. Pascoe, until her death in 1851. Her interest in the estate descended on the Plaintiff, her heir, according to the custom of the manor, who was then an infant. The Plaintiff attained his age of twenty-one years in April 1857. After the decease of the Plaintiff's mother, Joseph Donnithorne Swan himself occupied and R. yd.-7* 202 MOLD V. WHEATCROFT 27 BEAV. 809. farmed the estate, but he never paid any rent to the Plaintiff in respect of his one-third part of the estate; he excluded the Plaintiff therefrom, and altogether denied the Plaintiffs right to any interest in it. The Plaintiff, by this bill, prayed a partition, and that one-third might be allotted to him in severalty, and that the Defendant Joseph Donnithorne Swan might be charged with, and decreed to pay, a proper occupation rent for the Plaintiff's one-third of the estate since the death of his mother in 1851. Mr. Follett and Mr. Southgate, for the Plaintiff, argued that at common law one tenant in common [509] might maintain an action against another to recover his share of the rents under the...
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Chen Yu Tsui v Tong Kui Kwong
...in equity, where an account lay as incidental to a suit for partition: Swan v. Swan (1819) 8 Price 518, 146 ER 1281; Pascoe v. Swan (1859) 27 Beav 508, 54 ER 201; Leigh v. Dickonson (1884) 15 QBD 60, [1881-5] All ER 1099; or in proceedings analogous thereto: for example, suits to regulate t......
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Kostiuk (Bankrupt), Re, (2002) 170 B.C.A.C. 215 (CA)
...refd to. [para. 43]. Mastron v. Cotton, [1926] 1 D.L.R. 767 (Ont. C.A.), refd to. [paras. 51, 83]. Pascoe v. Swan (1859), 27 Beav. 508; 54 E.R. 201, refd to. [para. Leigh v. Dickeson (1884), 15 Q.B.D. 60 (C.A.), refd to. [para. 51]. Pittortou (A Bankrupt); Ex Parte Trustee of the Property o......
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Roach v. McNeil, 2014 NSSC 112
...the Claimant shall submit to an allowance for use and occupation: Rice v. George (1873) 20 G.r.221; Pascoe v. Swan (1859) 27 Beav. 508, 54 E.R. 201. Again if one tenant has made improvements which have increased the selling value of the property, the other tenant cannot take the advantage o......