Sir John Watts, Sir Thomas Lowe, and John Lee, against George Ognell
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 167
King's Bench Division
See Nicholls v. Saunders, 1870, L. R. 5 C. P. 593; Glyn, Mills & Co. v. East & West India Docks Co., 1882, 7 App. Cas 612.
cask 18. sir john watts, sir thomas lowe, and john lee, against george ognell. [See Nicholls v. Saunders, 1870, L. R. 5. C. P. 593; Glyn, Milk & Co. v. East & West India Docks Co., 1882, 7 App. Cas 612]. In debt for rent by the cognizees of a fine, if the defendant plead entry and expulsion by the cognizees before the fine levied, an issue joined thereon is an immaterial issue; but it is aided after verdict by 32 Hen. 8. c. 30.-Post. 312. Ante, 44. Cro. Eliz. 455. 5 Co. 43. Yelv. 54. B. R. H. 341. 1 Com. Dig. 332. Cowp. 242. Dougl. 396. 747. The omission of "aforesaid " supplied by intendment. In debt for rent by the assignees of a fine levied to their use, it is not necessary to alledge in the declaration that the lessee attorned, or that he had any notice of the use limited ; but he is not bound to pay without notice, and if he has paid to the antient lessor, he may plead it. Where attornment not necessary. In debt for rent under a lease virtute cujits they were possessed, it shall be intended they were possessed at the time of the action. Debt for seven hundred and fifty pounds, and counts, that Sir Thomas Lee was seised in fee of the manor of Billesby, and the second of October 42 Eliz. let it to George Ognell for ten years, rendering two hundred and fifty pounds a-year at the Annunciation and Michaelmas; and that George Ognell entered, and was possessed, the reversion over to the said Sir Thomas Lee and his heirs expectant; and he being so seised, a fine was levied in Hillary term 44 Eliz. between the aforesaid Johan. Waits et Thorn. Lowe, querent. et Thorn. Lee et Mariam, uxoi' ejus defordentes de maner de Billesby, sur conusance de droit come ceo &fi.; which fine was to the uso of the said Sir John Watts, Sir Thomas Lowe, and the said John Lee, for nine years ; and afterward of 168 MICHAELMAS TERM, 5 JAG. 1. IN B. R. CRO. JAC. 193. part thereof to the use of Sir Thomas Lee and his wife for their lives, with divers remainders over; and for other part thereof to the use of Sir Thomas Lee for life, with divers remainders over; and for three years arrearat the Annunciation last past, the action was brought for the seven hundred and fifty pounds. The defendant pleads entry and expulsion by Sir...
To continue reading
Request your trial
-
Wyse v Myers
...4 Ad. & El 299. Evans v. ElliottENR 9 Ad. & El. 342. Brown v. StoreyUNK 1 M. & G. 117. Wilton v. Dunn 17 Q. B. 294. Watts v. OgnellENR Cro. Jac. 192. Brich v. WrightENR 1 T. R. 378. Brich v. WrightENR 1 T. R. 387. Lessee Blackeney v. Higgins 4 Ir. Jur. 17. Lessee Hobson v. Donnelan 4 Ir. Ju......
-
Conran v Pedder
...1 T. R. 386. Moss v. GallimoreENR 1 Doug. 279. Sir Moyle Finch's caseUNK 6 Rep. 68, b. Birch v. WrightENR 1 T. R. 384. Watts v. OgnellENR Cro. Jac. 192. Rives v. WatsonENR 5 M. & W. 255. Johnson v. JonesENR 9 Ad. & El. 208. Bickford v. ParsonsENR 5 C. B. 920. Cooke v. MoylanENR 1 Exch. 67. ......
-
Johns against Adams
...English Reports Citation: 79 E.R. 167 King's Bench DivisionJohns against Adams CRO. JAC. 192. MICHAELMAS TERM, 5 JAC. 1. IN B. R. 167 case 17. johns against adams. Judgment against husband and wife executrix de bonis teslatoris si, et si non, time, de bonis mis proprii3,\s good; for she wil......
-
Laffan v Maguire
...LAFFAN and MAGUIRE. Turner v. Camerons Coalbrook Steam Coal Co.ENR 5 Ex. 932. Wyse v. MyersUNK 4 Ir. C. L. R. 101. Watts v. OgnellENR Cro. Jac. 192. Birch v. WrightENR 1 T. R. 378. Moss v. Gallimore 1 Sm. L. Cas. 629 (7th ed.). Bradley v. Flood 16 Ir. Ch. R. 236, 251. Rogers v. Humphreys 4 ......