Stockley v Stockley
| Jurisdiction | England & Wales |
| Judgment Date | 16 November 1812 |
| Date | 16 November 1812 |
| Court | High Court of Chancery |
English Reports Citation: 35 E.R. 9
HIGH COURT OF CHANCERY
See Dunnage v. White, 1818, 1 Swans. 153, n., and cases there collected; Clifton v. Cockburn, 1834, 3 My. & K. 100; Ashhurst v. Mill, 1847, 7 Hare, 512; Reynell v. Sprye, 1849, 8 Hare, 255; Hoghton v. Hoghton, 1852, 15 Beav. 317; Williams v. Williams, 1805, 2 Drew. & Sm. 386.
stockley v. stockley. Nov. 14, 1(5, 1812. [See Dunnage v. White, 1818, 1 Swans. 153, n., and cases there collected; Clifton v. Cockburn, 1&54, , My. &K. 100 ; Ashhurst v. Mill, 1847, 7 Hare, 512 ; Reynell v. Sprye, 1849, 8 Hare, 255; Hoghton v. Hoghtan, 1852, 15 Beav. ;!17 ; Williams v. Williams, 1805, 2 Drew. & Sm. ; 8G.j Specific Performance of a parol Agreement as to Land : the Effect of a Family Compromise of doubtful Rights ; with Part-performance by Possession, and Improvements ; and Acquiescence near Nineteen Years : a third Person being permitted to act upon his Conception of the Rights, not questioned at the time by the Defendant; who cannot object that he acquiesced under Expectations from that Person;; which were in Part disappointed. William Stockley, being seised under Three Freehold Leases from the Earl of Derby ; One dated 1768, of a Farm, called Gore's Tenement ; another, dated in 1771, 0, xv.-l* 10 STOOKLEY V. RTOOKLEY 1 V. & B. 24. of a Farm called Stockley's, consisting of a Messuage and several Pieces of Land, amongst which were Two Meadows, called Long-Shoot and Rush-Hey ; and the Third, dated in 1772, of Moss Lands, afterwards improved, and divided into Six Closes, called the Moss Closes ; by his Will, dated the 3d September 1782, disposed of his Property in the following Terms : " I give and devise to my Son Benjamin, when he comes to " the [24] Age of Twenty-one Years, all that my Messuage or Tenement, now in the " Possession of Edward Foster, as Farmer thereof," subject to certain Annuities ; " I give and devise to my Son Thomas, all that my Messuage and Tenement, wherein " I now live," subject also to certain Annuities. The Testator died in September 1782. At the Time, when he made his Will, he occupied the Farm called Gore's Tenement, the Two Meadows called Long-Shott and Rush-Hey, and Two of the Moss Closes; and he resided in the House, Part of Gore's Tenement; the Residue of the Property comprised in the Lease of 1771, together with the Four remaining Moss Closes, and a House thereon, being held by Edward Foster. In January 1787, a Meeting took place ; at which the Executors and Widow of the Testator, the Plaintiff Thomas Stockley, the Defendant Benjamin Stockley, and Benjamin Stockley the elder, their Grandfather, were present, in order to settle the Affairs of the Testator. At that Meeting, fltockley, the Grandfather, stated to the Plaintiff and Defendant, that, as the Two Closes, called Long-Shoot and Rush-Hey, were comprised in the Lease of 1771, it would be more convenient, that the Defendant should have them ; and should give, in Exchange, the Four Closes of Moss Land, demised to Foster ; adding, that he knew the latter were not so valuable as the former; but that he would make Amends to the Plaintiff; to which Proposal the Plaintiff, who was then an Infant, and the Defendant, then adult, agreed ; also that during Foster's Lease the Defendant should pay the Plaintiff a certain Rent, The Defendant was soon after put in Possession of the Two Closes, called Long-Shoot and Rush-Hey; and [25] hod ever since continued in possession. He also paid the Rent to the Plaintiff until the Expiration of Foster's Lease, in February 1789 ; when the Plaintiff was put into Possession of the Four Moss Closes, and had ever since continued in Possession of them ; as also of the other Two Moss Closes, and of the Messuage and Premises called Gore's Tenement, comprised in the Lease of 1768; but no Conveyance had ever been executed by the Plaintiff or Defendant, either of the Four Moss Closes, or of Long-Shoot and Rush-Hey. The Defendant having commenced an Action of Ejectment to...
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