Turner v Cameron's Coalbrook Steam Coal Company
| Jurisdiction | England & Wales |
| Judgment Date | 16 December 1850 |
| Date | 16 December 1850 |
| Court | Exchequer |
English Reports Citation: 155 E.R. 407
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S C 20 L J Ex 71 Referred to, Phillips v Homfray, 1883, 24 Ch D 461 Walls v Hands, [1893] 2 Ch 75
[932] turner v cameron's coalbrook stbam coal company Dec 16, lt 50 -Trespass will riot he agauist^the occnpiet of land at the suit of the mortgagee, who has never been in actual possession or been seised of the land, and has not obtained a judgment m ejectment, either by default or by verdict, and therefore he cannot, in such case, waive the tort, and maintain an action of use and occupation [S C 20 L ,r Ex 71 Referred to, Phillip v Humjiay, 188-i, 21 Ch I) 461 , IVallu, v Hand',, [1893] 2 Ch 75 ] Debt for use and occupation Plea, never indebted, and issue theieon At the tual, before Williams, J , at the last Spung Assizes fot the county of Grlamoigan, it appeared that the action was brought to recovei the sum of 201 for two years' rent, for a held called the Mill Field, and the furthei sum of 12(11 foi font years' rent for some othet land adjoining the above, upon winch the defendants had placed a line of lallwa^ The rent was claimed ah due up to Michaelmas, 184'J It appeared that, in the j eat 1840, the whole of the land had been mortgaged by the then o\vnei, Colonel Cameron, to the plarntift En the yeai 1845, the defendants had enteted into possession of that portion of the land on which the railway wan, and in 1847 they elected some buildings upon the Mill Field, and they had been in tlie occupation of the whole of the piernises up to the trme of the commencement of this action On the 12th of Octobei, 1848, the defendants were sen eel with a notice by the platntift, to pay him the tent then due, and that also which might afterwards become due in lespect of the poition called the Mill Field Subsequent to this notice, much cotiesponclence with teference to the whole of the premises passed between the patties The present action was commenced upon the 30th of No\ombei, 184(J The learned Judge directed the Juiy, that, undet the circumstances of the case, the plambift was in point of law in a position to waive the trespass in tespecb of the occupation of the land, by the defendants, and to maintain this action foi the use and occupation of all the premises, but, entertaining some doubt whether theie was evidence to entitle the plamtitt to succeed as to the whole of the land, ot even as to the Mill Field, he leserved leave to the defendants to move to enter a nonsuit, 01 to reduce the \etdict to the [933] sum of JOl, being one gear's lent fot the Mill Field A verdict having been found foi the plamtitl with tespect to the whole land, Benson, in last teim, moved foi a inle nisi, in pursuance of the leave lesetved, to enter a nonsuit or to leduce the damages...
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...Jervis, C. J., referred to Doe v. Harlwv, 12 Ad. & E. 40]; and, on the last point, to Turner v. Cameron's Coalbrook Steam Coal Company, 5 Exch. 932. Montague Chambers, Goodeve, and Needham, in Hilary Term last, shewed cause. 1. Admission of Gaitskell was. not necessary to give title to the ......
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