Knox v Irwin

• Jurisdiction: Ireland
• Judgment Date: 13 June 1843
• Date: 13 June 1843
• Court: Exchequer of Pleas (Ireland)

Exch.of Pleas.

KNOX

and

IRWIN.

Gould v. BarnesENR 3 Taunt. 504.

Marrott v. Asken Anders. 212.

Nickling v. DickensENR 2 C. & J. 622.

Dod v. Grant 4 A. & E. 485.

Stradling v. MorganENR 1 Plow. 201, 207.

Hunter v. Neck a M. & G. 181.

250 CASES AT LAW. T. T. 1843. Exch. of Pleas. KNOX V. IRWIN. June 9, 12, 13. The declara- COVENANT.-The declaration in this case, which was entitled as of tion did not contain either Easter Term, in the fifth year of the reign of the Queen, commenced the debitorregis thus :-" Edward Knox and Margaret Knox, his wife, and which or quo minus clause. Held, " Margaret is assignee and administratrix with the will annexed of on special de " H. Brophy, deceased, plaintiffs in this suit, come before the Barons of murrer,assign- ing for cause, "the Exchequer on the 23rd day of April, by M. G., their attorney, that it did not appear that the "and complain by bill against John Irwin, the defendant in this suit, plaintiff was a "assignee of John Irwin and Patrick Flynn hereinafter mentioned, debtor, minis ter or accoun- " present here in Court the same day, of a plea of a breach of cove-taut to the " nant." It then set forth, that one Wiliam Galvan, before and at the Queen, or that he had any time of the making of the indenture of demise thereinafter mentioned, right or privi- lege to sue in was lawfully possessed of the premises thereinafter mentioned to be theExchequer, demised, with the appurtenances, for the residue of a certain term of or bow, or in what charac- years, sc., a term of fifty-one years, from the 29th of September 1800 ; ter, or by what and being so possessed, by a certain indenture, made the 21st day of privilege he sued • or that September 1812, between the said William Galvan, by the name andthe sued; had jurisdiction to description of William Galavan of the one part, and John Irwin and entertain the Patrick Flynn, both since deceased, of the other part (profert), he, suit, and that the declaration the said William Galavan, for the considerations therein mentioned, did could only be demise, grant, set and to farm-let, unto the said John Irwin and Patrick supported by inference; that Flynn, their executors, administrators and assigns, certain premises therein as the Court might have described, to hold the same, with their appurtenances, unto the said John jurisdiction by Irwin and Patrick Flynn, their executors, administrators and assigns, from reason of the character or the 29th day of September then next, ft,s• the term of thirty-eight and person of the defendant, the a-half years, at the yearly rent of 11. is. 6d. payable half yearly, on demurrer the 25th of March and 29th of September in every year. The declaration should be over ruled. then set forth a joint covenant by the lessees, with the said William Semble- such Galavan, to pay the rent and to keep the premises in repair ; the entry of a demurrer is a the lessees ; and that afterwards, sc., on the 29th of October 1827, all plea to the ju risdiction, and the estate, right, title, interest and term of years of the lessees, in and cannot be pleaded by at- to the demised premises, by assignment, thereof then and there made, plea torney. came to and vested in the defendant ; by virtue of which assignment, the The declara- defendant afterwards, sc., on the 30th day of October 1827, entered into tion set forth, that by an in- and upon the demised premises, and became and was thereof posÂÂdenture made sessed for the residue of the said term of thirty-eight and a-half years between W. G. by the name and description of W. F. of the one part, and T. T. of the other part, W. F. demised &c. Held sufficient on special demurrer, without an averment that he was as well known by the one name as the other. A demurrer which covers too much is bad. CASES AT LAW. 251 therein then to come and unexpired. The declaration then contained an averment, that after the defendant became and was so possessed of the demised premises by assignment as aforesaid, 85. 6s. 3d., late currency, of the reserved rent aforesaid, for seven and a-half years of the said demised term elapsed since the defendant so became possessed of the demised premises by assignment as aforesaid, and during the continuance of said term, sc., on the 25th day of March 1842, became, and were due, owing, in arrear and unpaid from the defendant as assignee as aforesaid to the said plaintiffs; and the same and every part thereof still remains wholly in arrear and unpaid from the defendant to the plaintiffs; contrary to the form and effect of the said indenture, and of the coveÂÂnants in that behalf made as aforesaid. And the plaintiffs further say, that after the defendant so became assignee of the said demised premises as aforesaid, and during the continuance of the term, sc., on the 10th of May 1840, the said demised premises became and were greatly ruinous for want of needful and necessary reparation and amendment of the same ; yet the defendant bath not repaired or amended the same, but on the contrary hath suffered and permitted the same to remain and continue so ruinous for want of needful and necessary reparation and amendment of the same, from thence hitherto. And the said John Irwin and Patrick Flynn being so possessed of the said premises, and the said reversion thereof belonging to the same William Galavan, he, the said William Galavan, afterwards, sc., on the 2nd of January 1816, by a certain indenture of assignment then and there made between the said William Galavan of the one part, and one Humphrey Brophy of the...