Wallis v Harrison
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1839 |
| Date | 01 January 1839 |
| Court | Exchequer |
English Reports Citation: 150 E.R. 1543
EXCH. OF PLEAS.
S. C. 1 H. & H. 405; 8 L. J. Ex. 44; 2 Jur. 1019. See further, 5 M. & W. 142. Referred to, Smith v. Colbourne, [1914] 2 Ch. 543.
wallis . harbison and others. Exch. of Pleas. 1838.-A parol license from A. to B. to enjoy au easement over A.'s land, is counterraandahle at any time whilst ft remains executory; and if A. conveys the land to another, the license is determined at once, without notice to B. of the transfer, and B. is liable in trespass if he afterwards enters upon the land. When the profert of a deed is requisite, it is not sufficient to allege as an excuse, " that the deed was delivered to the opposite party." [S. C. 1 H. & H. 405; 8 L. J. Ex. 44; 2 Jur. 1019. See further, 5 M. & W. 142. Referred to, Smith v. Colbowne, [1914] 2 Ch. 543.] Case by the plaintiff, as reversioner, for damage done to a close in the possession of his tenant, by digging up the soil, and making embankments and a railway over it. [539] The defendants pleaded six pleas, in the second plea they justified under an indenture, bearing date the '26th of October, 1833, whereby the Dean and Chapter of the Cathedral Church of Durham, being seised in fee of certain lands, of which the close in question was parcel, granted and demised, and certain other parties therein mentioned granted, ratified, and confirmed unto the defendants, full liberty to enter on the said lands, and make a main-way, a bye-way, and certain cuts for the carnage of merchandize across the same, for the term of twenty-one years, at the rent of 601. per annum. On this plea issue was joined. The defendants also pleaded, fifthly, ò that before the time when, &c., and before the said close became the close of the plaintiff, to wit, on the 1st of January, 1831, the defendants applied to the said Dean and Chapter, and other parties to the indenture in the 2nd plea mentioned, for license to make over the said close in the indenture mentioned, in which &c., the said road i &o., and the said Dean and Chapter being then seised in their demesne as of fee in ò the premises, it was agreed between the defendants and the said Dean and Chapter { and the other parties, &c., that the defendants should have such license, liberty, power, : and authority to enter into arid upon the said close, and to form, make, and maintain a certain main road and byeways and cuts, &c., and that the said Dean and Chapter, and the said other parties, should grant, ratify, and confirm the same to the defendants ; aad thereupon, and long before the plaintiff or any person whose estate or interest he now hath, had any estate or interest in the said close in which &c., to wit, on the 1st January, 1831, the said Dean and Chapter, and the said other parties, gave and delivered to the defendants at their request possession and occupancy of the said way-leave, &c,, over which the said main road and byeway and cuts &c., now are and at the said time when &c., had been constructed, for the purpose of making the same, with [540] leave, license, and authority to the defendants to enter and set out the same &c.; whereupon the defendants, before the plaintiH had any interest in the close, entered and set out the same, and made the said main way &c., for the purpose of making the said road, &c. ; and the defendants further say, that afterwards, in pursuance of the said agreement, and of tJie s;dd possession so given, to wit, on the 26th of Qctober, 1833, by an...
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...however, as the cases which will be discussed below establish, also result from a continued presence on land without authority. 55 In Wallis v Harrison (1838) 4 M. & W. 538; 150 ER 1543; [1835 - 1842] All ER Rep 284, the court held that the conveyance of a parcel of land terminated a licen......
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