Lessee Hutchinson v The Ejector

• Jurisdiction: Ireland
• Judgment Date: 24 January 1850
• Date: 24 January 1850
• Court: Queen's Bench Division (Ireland)

Queen's Bench

Lessee HUTCHINSON

and

THE EJECTOR.

380 CASES AT LAW. H. T. 1850. Queen's Bench Lessee HUTCHINSON v. THE EJECTOR. B. STEPHENS, on behalf of Clarissa Martin, applied that she might be at liberty to take defence to the ejectment in this cause for the dwelling-house wherein she resided, same appearing to be included in plaintiff's declaration in this cause. This was an ejectment for non-payment of rent, and Mrs. Martin has never paid rent to any person for this house since the year 1827, and she could not swear positively, from the vague description in the ejectment, if the dwelling-house were a portion of the premises sought to be recovered. Ormsby, contra. There is no case made for the order now sought. The defendant's case is that she holds since 1827, which is perfectly consistent with our title, for we seek to evict a lease bearing date 1793; the lessor of the plaintiff ought not therefore to be put on proof of his title, as the defendant, consistently with her...