Trent v Hunt

[14] TRENT v. HUNT. July 6, 1853.-The right of a person to do an act \vith regard to tie property of another, depends upon the authority 01 right which he really has to do the act, and not upon that which he says he has. Therefore, if a person, having authority to distrain for rent due to another, says at the time that he distrains for rent due to himself, he may nevertheless justify as bailiff of the other.-A want of notice does not render a distress invalid -If a lessor, having mortgaged his reversion, is peimitted by the moitgagee to continue in the receipt of the rent incident to that reversion, he, during such permission, is pre-Bumptione juris authorised, if it should become necessary, to realise the rent by distress, and to distrain for it in the mortgagee's name, as his bailiff-iSemble, that a plaintiff in replevin will not be allowed to reply to a cognizance by traversing the facts of the tenancy and the rent being in airear, and also the authority to distrain as bailiff. [S G. 22 L J. Ex. 318; 17 Jur. 899; 1 W. R 481. Applied. Until v Fiwh, 1836, ISC. R (N. S.) 651 , Reece v Sttouiberg, 1385, 54 L T. 134 Approved, Dean o) Chistchurch, Oxfotd v Duke of Buckingham, 1864, 17 C B. (N. & ) 391 Referred to, Jolly v. Aibutlmot, 1859, 4 De G & J. 224, IPoolstoH v. Ross, [1900] I Ch. 788] Replevin. The declaration stated that the defendant, on &c, in a certain dwelling-house, took the plaintiff's goods, and unjustly detained the same, &c Cognizance. The said E Hunt, as the bailiff of one S Walteis, well acknowledges the taking of tie said goods &c, and justly, because he says that one J Morgan for a long time, to wit, &c held and enjoyed the dwelling-house, in which, &c. ab tenant thereof to the said S Walter, by virtue of a certain demise theretofore made at and under the yearly rent of 61. 6s , payable quarterly, &c And because a Urge sum, to wit, 291. IHs. 6d of the rent aforesaid, for a certain time, to wit, four years and three quarters of another year, ending to wit, on &c , was due and in arrear from the said J. Morgan tx the said S. Walter, the defendants, well acknowledge the taking of the said goods, &c and justly &c as and for and in the name of a distress, for the rent so due and in arrear as aforesaid, and which still remains due and unpaid. Prayer of judgment, &e. Plea in bar. As to the said cognizance, the plaintiff denies the allegations therein contiLined- Upon which issue was joined At the trial, before Alderson, B., at the Middlesex Sittings in last Easter Term, the following facts appeared .-The defendant Hunt, being the owner of a dwelling-house in Ernest-street, Bermondsey, by indenture of the 8th of January, 1848, demised the house to J. Morgan for the term of seventy years, at a giouud lent of 61. 6s, a year. Morgan being indebted to Hunt, it was arranged between [15] them that Hunt should let the house, and pay himself out of the rent. On the 30th of April, 1850, Hunt let the house to the plaintiff as yearly tenant, at the rent of 221 On the 20th of May, 1850, Hunt assigned his reversion, expectant on the determination of the lease of the 8th of January, 1818, by way of mortgage to S Walters for money lent By the mortgage deed, which was in the usual form, the premises were absolutely conveyed to Walters, with a proviso for redemption, on payment by Hunt of the principal money and interest on the 20th of November then next. The money was not pmd on that day, but Hunt, who had regularly paid the interest to Walters, continued ta receive the rent The plaintiff having subsequently refused to pay Hunt any more rent, in October, 1852, he distrained the plaintiff's goods The notice of distress stated that it was made for lent due to Hunt. At the time of the distress the ground rent was in arrear. It was objected, on behalf of the plaintiff, first, that the distress was illegal, because the notice stated that the rent was due to Hunt, when in fact it was due to Walters, as assignee of the reversion ; secondly, that there was no evidence that Hunt 8 TRENT V. HUNT 9 EX 16 had any authonty from Walteis to distrain. The learned Judge directed a verdict for the defendant, reselling leave for the plaintiff to move to enter a veidict...