Warner v Browne
| Jurisdiction | England & Wales |
| Judgment Date | 24 January 1807 |
| Date | 24 January 1807 |
| Court | Court of the King's Bench |
English Reports Citation: 103 E.R. 305
IN THE COURT OF KING'S BENCH.
Referred to, Wood v. Beard, 1876, 2 Ex. D. 36; Cheshire Lines Committee v. Lewis, 1880, 50 L. J. C. P. 124.
[165] cases argued and determined in the court of king's bench, in hilary term, in the forty-seventh year of the reign of george III. doe on the demise OF warner against browne. Saturday, Jan. 24th, 1807. An agreement to lease at a certain rent, and that the lessor should not turn out the tenant so long as he paid the rent, and did not sell, &c. any article injurious to the lessor's business, either purports to be a lease for life, and would then be void, a,s not being creatable by parol; or if it operate as a tenancy from year to year, it must necessarily be determinable by either party giving the regular notice to quit. [Referred to, Wood v. Beard, 1876, 2 Ex. D. 36; Cheshire Lines Committee v. Lewis, 1880, 50 L. J. C. P. 124.] In ejectment for a certain messuage in the parish of St. Sepulchre, in the City of London, it appeared that the defendant held under the following agreement, " Memor- 306 HUME V. PEPLOE 8 EAST, 166. artdum of an agreement made the 6th of March 1801, between W. Warner and J. Browne. W. Warner, in consideration of 401. doth agree to let, and J. Browne doth agree to take, a messuage, &c. at 401. per annum clear rent, to be paid quarterly, &c. And it is further agreed, that W. Warner shall not raise the rent, nor turn out J. Browne so long as the rent is duly paid quarterly, and he does not expose to sale or sell any article that may be injurious to W. Warner in his business. And it is further agreed, that in case of removal, J. Browne shall be at liberty to receive the aforesaid sum of 401. of the next tenant W. Warner shall accept." Signed by both par-[166]-ties. It did not appear that the defendant had broken either of the stipulated conditions; but the lessor of the plaintiff rested his case on proving half a year's previous notice to the defendant to quit on the 25th of March 1806, after which the demise was laid. And the question was, whether the lessor had a right to determine the tenancy on such notice, considering the defendant as tenant only from year to year. Lord Ellenborough C. J., at the trial, held the notice to be good; and a verdict was accordingly taken for the plaintiff, with leave to the defendant to move to enter a nonsuit. And a rule nisi having been obtained for that purpose in the...
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...there is not the long established learning which there is in relation to terms of uncertain duration. 29 In Doe d Warner v Browne (1807) 8 East 165, an agreement provided that a tenancy at £40 per annum would not be determined so long as the tenant paid the rent and did not harm the landlor......
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...law a tenancy for life was an estate of freehold. It could only be created by deed and not by parol - see Doe dem Earner v. Browne (1807) 8 East. 165. But I need not pause upon this: because there can no longer be a tenancy for life at law see Section 1 of theLaw of Property Act, 1925. Nowa......
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Mexfield Housing Co-Operative Ltd v Berrisford
...states specifically that this is the reason at page 392F-G of his speech. He then refers to two other cases ( Doe d Warner v Browne (1807) 8 East 165; Cheshire Lines Committee v Lewis & Co (1880) 50 LJQB 121) and reiterates, at page 393H, that the agreement in the case before the House did ......
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...Coke on Littleton, Sheppard's Touchstone on Common Assurances and the decisions of the Court of Queen's Bench inDoe d Warner v Browne (1807) 8 East 165, and the High Court, Chancery Division in Re Carne's Settled Estates [1899] 1 Ch 324. From these authorities he derived the proposition tha......