Lessee Dawson v Bell

• Jurisdiction: Ireland
• Judgment Date: 25 November 1840
• Date: 25 November 1840
• Court: Queen's Bench Division (Ireland)

Queen's Bench.

Lessee DAWSON

and

BELL.

Wrottesley v. Adams Plowd. 187, 191.

The Vicars Choral of Lichfield v. AyresENR Sir W. Jones, 435; S. C. Cro. Car. 546.

Doe d. Harris v. GreatheadENR 8 East, 91, 103.

Doe d. Smith v. GallowayENR 5 B. & Ad. 43.

Woodden v. Osbourn Cro. El. 674.

Blague v. GoldENR Cro. Car. 447.

Doe d. Tyrrell v. Lyford 4 M. & Sel. 550.

Doe d. Ashforth v. BowyerENR 3 B. & Ad. 453.

Attorney-General v. ParkerENR 3 Atk. 576.

Marshall v. HopkinsENR 15 East, 309, 317.

Lord Willoughby v. FosterENR 1 Dyer, 80.

Swift v. EyresENR Cro. Car. 548.

Doe d. Smith v. Galloway; Bozoun's caseUNK4 rep 34.

Doddington's caseUNK 2 Rep. 33.

Dixon's case 2 Roll. R. 118; S. C. 6 Bac. Ab. 517.

Stukeley v. Butler Hub. 171.

The Queen v. LewisENR 1 Leon, 119.

Throgmerten v. Tracy Plowd. 154.

Lloyd v. Armstrong Lloyd & G. temp. R. 401.

Attorney General v. ParkerENR 3 Atk. 577.

Smith v. PackhurstENR 3 Atk. 137.

Wright d. Plowden v. CartwrightENR 1 Burr. 285.

140 CASES AT LAW. 1840. Queen'sBeneh. Lessee DAWSRN v. BELL. Miens. Term. Nov. 6; 13; 25. Where, by a lose of 1719, the grantor deÂmised " all that " part of the "townland of " B., containÂ" ing 509 " acres arable, "meadow and " pasture, for "three lives " renewable "for ever, " bounded on " the south by 44 DerrygarÂ" ree, on the " north and " east by " Lough " Neagh, and " on the west, "with John " Tough's and "James WallÂ" wood's " lands, situÂ" ate, &c., " with all and " singular the "rights, memÂ" bers, priviÂ" leges, ad " vantages, " easements " and appurteÂ" nances thereÂ" unto belongÂ" ing, exceptÂ" ing all "mines, mineÂ" rals and " quarries of " stone and " coal, es " cheats, "waifs, es-"trays, deoÂ" Bands, courts " leet and 44 courts baron, " seneschalÂ" ships, and " all other ( Queen's Bench.) EJECTMENT on the title. This case was tried at the last Summer Assizes for the county of Londonderry, before Pennefather, B. The lessor of the plaintiff, amongst other proofs, gave in evidence a lease bearing date the 13th of August 1719, and made between the ancestor of the lessor and John Blair, under whom the defendant derived ; whereby the grantor demised " all that part of the townland of BallyÂ" maguigan, containing 509 acres of arable, meadow, and pasture, EngÂ" lish statute measure, for three lives renewable for ever, bounded on "the south by Derrygarree, on the north and east with Lough Neagh, " and on the west with John Tough's and James Wallwood's lands, "situate, lying and being within the manor of Castle Dawson, in the "county of Londonderry, with all and singular the rights, members, "privileges, advantages, easements and appurtenances thereunto belong ing, excepting and always reserving out of said demise unto the said "grantor, his heirs and assigns, all mines, minerals and quarries of " stone, coal, escheats, waifs, estrays, deodands, courts leet and courts " baron, seneschalshiPs, and all other royalties, privileges, muniments " and franchises whatsoever, unto the premises or any part belonging or " appertaining ; and also for liberty to and for the said grantor, his " heirs and assigns, and his and their servants and attendants, with him " or them, of bunting, hawking, fishing and fowling in and upon the "premises or any part thereof, and also liberty to dig and search for "mines, minerals, coals and quarries of stone in and upon the premises "or any part thereof, and the same to dig," &c.; and also " excepting " and reserving all timber and wood now above or under ground unto " the said grantor, his heirs and assigns, with liberty to him and them "to cut, dig for and carry away the same, freed and indemnified from "all manner of trespasses." He then gave in evidence several renewals of that lease, down to the renewal under which the defendant held. The lessor of the plaintiff also produced the agent of the Castle Dawson estate, who proved that be had been agent for that estate since the year 1819 ; that he was acquainted with the townland of Ballymaguigan, and that it is part of the Castle Dawson estate; that it contains 904 acres, exclusive of portions held by Mr. Groves, which are called Tough's or "royalties, privileges, immunities and franchises...