Thurstons Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1650 |
| Date | 01 January 1650 |
| Court | Court of the King's Bench |
English Reports Citation: 74 E.R. 866
King's Bench Division
Ejectment.
8 66 LEIGHS CASE OWEN, 16. PASCH. 36 ELIZ. IN B. R. ROT. 41. LEIGHS CASE. Ejectment. The Queen being seized of lands as Dutchesse of Lancaster, did make a lease thereof to the plaintiff, the lessee is outed by A. the plaintiff makes a lease to B. for years, and B. being outed brought an ejectione firnue. 1. It was resolved, that the Queen as Dutchesse of Lancaster cannot be disseised, for although she be not seised in jure Corome, yet is it in seisin of the Queen, and cannot be taken away from her in respect of her person. 2. Gawdy, and Fenner held that the lessee being outed, the terme is turned into a right, and therefore it bath been adjudged that an ejectment will lye : as the case is Dyer 29 H. 8. If tenant in taile, the reversion in the King suffers a recovery, although this shall not be to the prejudice of the Kings reversion, yet shall it bar the estate-tail. So if a parson makes a lease for years, and the parson and Ordinary confirms it, and the parson dies, and during the vacation the lessee is outed, he is hereby outed of his terme, yet is not the frank-tenement touched. Clench on the contrary, That he who is outed bath an estate but at sufferance, for he cannot have an estate for years without a lease, arid it is agreed he shall not have an estate of freehold by reason of the reversion in the Queen, and the possession of the lessor, shall maintain the possession of the lessee, as well as the possession of the lessee shall keep the freehold of the lessor : and if he have but an estate at sufferance, then cannot the lease to B. be good : for if tenant at sufferance of a common person makes a lease for years ; this is a disseisin. And Popham was of opinion with Gawdy and Fenner, wherefore judgment was given for the plaintiff. I have seen a report 24 Eliz. in the Kings Bench, upon a demurrer between Edmund Frough and Henry Dixe, where the better opinion was, that if one enters on the terme of the Queen, he shall not thereby game any possession ; but notwithstanding the termor may grant over his terme : but it was agreed that he shall have an ejectione firma] : for by Plowden an assise will lye of a mill, where the water is divers, for the possession of the mill continues in him. But the justices doubted whether it was an ejectment, wherefore the parties did compound. In the 4 H. 6. Intrusion. If lessee for life, the remainder in the King be outed, he shall have...
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