Lessee Dawson v Bell

CourtCourt of Exchequer Chamber (Ireland)
Judgment Date17 November 1842
Date17 November 1842

Exch. Cham.


Windham v. Windham Dyer, 376.

Roe d. Conolly v. VernonENR 5 East, 51.

Doe v. Lord JerseyENR 1 B. & Al. 550.

Doddington's case 1 Go. 50.

CASES AT LAW. 229 1,1342. #44714-' CAani. ERROR' TROM THE COURT. OE QUEENS DEEM Nov. 16, 17. Tirattwas?atr (*talent otv.tioi '''WhiEtI,11116 tried'at' thhBitmtnerg By a lease, Aosixes`of1840, for the count b y of Londonderryi before Baron Pento,..: irLing date iaetse. father, on which occasion a verdict was found for the defendant; and a sor granted " all that part exteptions having been taken to the charge of the learned Judge, of the town- the same, cause on for argument .in the -following -Michaelmas Term, in - land of B. con taining 509 the Court of. Queen's Bench, when judgment was given in favour of the acresof arable, meadow, and defendant. . The plaintiff having taken out a writ of error, :the same pasture, for question was now argued before the Court of Exchequer Chamber. three lives, re v - newable The'facts of the case are fully stated in 3 Ir. Law Rep. 140. ever; b or founded on the South by Derrygaree, on the North and East by Lough Neigh, and on the West by Tough's an 1 Wallwood's lands, lying and being, &e. with all and singular the rights, memÂÂbers, priviÂÂleges, advanÂÂtages, easeÂÂments, and appurtenances thereto belongÂÂing, excepting and reserving all mines, miÂÂnerals, and quarries of stone and coal, escheats, waifs, estrays, 6o att s, courts feet and colitis baron, seneselialihips, and all otherroYalties, privileges, muniments and franchises whatsoever ; with liberty of hunting, fishing,-&c., and exceptÂÂing and reserving, all timber and wood above or under ground, with liberty to dig for and carry' iwap The same." It was proved that part of the said townland of B., called Tough's and Wallwood's lands, was in possession of a third party, and that a portion was held by toe lessor of the plaintiff in his own possession.-Held (in affirmance of the judgment of the Court of Queen's Bench), that a large quantity of bog, which lay within the boundaÂÂries of the demise in the aforesaid lease, and ithe respective renewals thereof, passed thereunder, in addition to the 509 acres of arable, meadow, and pasture land. (a) Dyer, 376. (5) 5 East, 61. (e) 1 B. & Al. 660. (d) I Go. 60. 2a 230 CASES AT LAW. charge of Baron Pennefather. We all concur in the opinion, that the whole of the premises lying within the described boundaries, passed by the original lease...

To continue reading

Request your trial
1 cases
  • JACK, Lessee of DAWSON v Mƒ€™INTYRE and WIFE
    • Ireland
    • House of Lords (Ireland)
    • 8 d2 Abril d2 1845
    ...of Lords. JACK, Lessee of DAWSON and Mƒ€™INTYRE and WIFE. 3 Ir. Law Rep. 140. 5 Ir. Law Rep. 229. 552* CASES AT LAW. 1845. H. of Lords. 3En Ibt Vouft of 34410. JACK, Lessee of DAWSON, V. M'INTYRE and WIFE. CASES AT LAW. 553 "his heirs and assigns, with liberty to him and them to cut, d......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT