Ross v Johnson and Dowson
| Jurisdiction | England & Wales |
| Judgment Date | 04 February 1772 |
| Date | 04 February 1772 |
| Court | Court of the King's Bench |
English Reports Citation: 98 E.R. 483
IN THE COURT OF KING'S BENCH
Distinguished, Hollins v. Fowler, 1875, L. R. 7 H. L. 770. Considered, Ganly v. Ledwidge, 1876, Ir. R. 10 C. L. 45.
beck on the demise of fry versus phillips. Tuesday, 4th Feb. 1772. An assignment of a lease by a note in writing good, though neither sealed delivered, or stampt. [1 Burn. 29. Molloy, 305.] This was an ejectment tried at the assizes for the City and county of Bristol, on 16th of August 1771, before Mr. Justice Blackstoue; a verdict was found for the plaintiff, subject to the opinion of this Court, upon the following case- William Jones, Esq. was seised in his demesne as of fee, of a certain garden and summer-house, (which are the premisses in question in this action ;) and being so seised, demised the same, by indenture of lease, bearing date 24th March 1721, to one Eichard Hicks, of the said City of Bristol, grocer, to hold from 15th March 1721, for 99 years, if the said Eichard, Sibella his wife, and Hannah their daughter, or either of them should so long live; under the yearly rent of four pounds sterling. Eichard Hicks by virtue thereof entered, and was possessed of the said term. Being a trader, he afterwards, in the [2828] year 1722, committed an act of bankruptcy; and a commission issued; and he was duly declared a bankrupt; and the commissioners afterwards assigned the premisses arid the term and estate of the said Eichard Hicks therein, by indenture bearing date the 10th day of January 1722, to Eobert Addison, Thomas Elbridge, and William Barnes. The said Eobert Addison, Thomas Elbridge, and William Barnes, being so possessed of the said term, afterwards, by indenture bearing date in the year 1722, assigned the said premisses, in consideration a BURR. 28W. BECK V.PHILLIPS 485 of twenty pounds, to Edward French, M.D. The said Edward French, by virtue thereof, entered upon the premisses, and was possessed of the said term, until the time of his death. Richard Hicks and Sibella his wife, departed this life in or about the year 1725 : Hannah Hicks ia still alive. The said Edward French, in or about the year 1741, departed this life; having first duly made and published his last will and testament, and thereof appointed his wife Elizabeth sole executrix. She duly proved the said will, and possessed herself of the said term, as executrix as aforesaid; and being so possessed, afterwards, by writing under her hand, indorsed on the back of the aforesaid indenture, the following words, viz, "I assign all my title to thia garden, with a large roller equipped with iron, to Mr. Thomas Penintoi), for six guineas, received, 4th May 1744, Elizabeth French." The said writing was neither sealed or delivered by the said Elizabeth French, nor stampt according to law. (The garden in the said writing mentioned, is the premisses in question.) The said Thomas Peninton entered upon the premisses by virtue thereof; and possessed the same until the...
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