The Queen against The Inhabitants of The Parish of Aberdaron
| Jurisdiction | England & Wales |
| Judgment Date | 10 May 1841 |
| Date | 10 May 1841 |
| Court | Court of the Queen's Bench |
English Reports Citation: 113 E.R. 1288
IN THE COURT OF QUEEN'S BENCH.
S. C. 1 G. & D. 178; 10 L. J. M. C. 95; 5 Jur. 483.
[671] the queen against the inhabitants of the parish of aberdaron. Monday, May 10th, 1841. A tenement was let to A. and B. as joint tenants, the landlord refusing to let to A. without joining B.: A. alone entered and occupied the entirety, and alone paid the rent, without any benefit to, or interference by, B.: the rent was less than 201.: Held, that A. gained no settlement by such renting, under 13 & 14 Car. 2, c. 12. [S. C. 1 G. & D. 178; 10 L. J. M. C. 95; 5 Jur. 483.] On appeal against an order for the removal of G-wen Owen and her children from the parish of Llanfaelrhys, Carnarvonshire, to the parish of Aberdaron in the same county, the sessions confirmed the order, subject to the opinion of this Court on the following case. The pauper is the wife of John Owen, who has absconded to America, and she and her children derive their settlement from his father, Owen Jones. The settlement of O. Jones was by birth in the appellant parish, unless he gained one in that of Llanyatymdwy in the same county under tha following circumstances. In July 1809, 0. Jones applied to the land agent of T. P. J. Parry, in the same county, to be allowed to become tenant to the latter of a tenement, his property, consisting of a dwelling-house, fulling mill, farm, and land, situate in the several parishes of Llanystymdwy and Llanartnon, in the same county. The dwelling-house (in which Jones lived), the mill, and buildings, were all in Llanystymdwy, and the land in Llatiarmon. The agent refused to let him the tenement, unless bis father in law, J. David, became joint tenant with him; and the tenement was accordingly (a) Se& Archbold's Pleading and Evidence in Actions, &c., p. 314 (2d ed.), and Chitty on Pleading, vol. i. p. 465 (6th ed.). 1Q. B.672. THE QUEEN V. BBIGHTHELMSTONE 1289 let to J. David and O. Jones, as joint tenants, at the yearly rent of 171. 17s., and thereupon, or shortly afterwards, Jones alone entered into the possession and occupation of the entirety of the house, mill, farm, and land, and continued in such sole occupation thereof for the period [672] of five years, without any benefit to, or interference by, the aaid J. David, who resided at the distance of twenty miles therefrom. Jones alone from time to time paid the whole of the rent for the first four years, and 15k on...
To continue reading
Request your trial
-
Ewart v Sir J. Graham, Bart. (in Error):
... ... the said Court of Exchequer Chamber of Our Lady The Queen before the Justices of Our Lady The Queen assigned to hold ... Sir James Robert George Graham Baronet do recover against the said William Ewart Two hundred and twelve Pounds One ... ...
-
Rossanna Dupin Fray against Sir Colin Blackburn, Knight
... ... 217 IN THE COURT OF QUEEN'S BENCH AND THE EXCHEQUER CHAMBER ... Rossanna Dupin Fray against Sir ... ...
-
Thomas against Churton
... ... 1150 IN THE COURT OF QUEEN'S BENCH, AND THE COURT OF EXCHEQUER CHAMBER Thomas against ... ...