Smith v Raleigh
| Jurisdiction | England & Wales |
| Judgment Date | 18 February 1814 |
| Date | 18 February 1814 |
| Court | High Court |
English Reports Citation: 170 E.R. 1465
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS
Applied, Upton v. Townend, 1855, 17 C. B. 30. Referred to, Matthey v. Curling, [1922] 2 A. C. 180.
Friday, Feb 18, 1814. smith v. raleigh. (Where premises are let at an entire rent, an eviction from part, if the tenant thereupon gives up possession of the residue, is a complete defence to an action for use and occupation.) [Applied, Upton v. Townend, 1855, 17 0. B. 30. Referred to, Matthey v. Curling, [1922] 2 A. C. 180.] Assumpsit for the use and occupation of a house and garden. Plea, the general issue. It appeared, that after the defendant had agreed to take the premises at an entire resrb, and possession had been delivered to him, the plaintiff railed off part of tie garden, and built a privy upon it, for the use of a number of his other tenants. Tie defendant thereupon returned the keys to him Lord Ellenborough ruled, that this amounted to an [514] eviction from part of the demised premises ; which, the taking being single...
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