Lessee of George Gubbins and of Several Others v Frederick Massy

• Jurisdiction: Ireland
• Judgment Date: 01 February 1841
• Date: 01 February 1841
• Court: Queen's Bench Division (Ireland)

Queen's Bench.

Lessee of GEORGE GUBBINS and of several others

and

FREDERICK MASSY.

Sanderson v. HarrisonENRCro. Jac. 680.

Emott v. Cole Cro. Eliz. 255.

Tew v. Thackwell 3 Rep. in Chanc. 11.

Burt v. MooreENR5 T. R. 329.

Rex v. The Inhabitants of PidletrenthideENR 3 T. R. 772.

Bradshawe v. Eyre Cro. Eliz. 570.

Anon Moore's R. 50.

Plant v. JamesENR5 B. & Ad. 791.

ArmitageENR2 B. & C. 197, 207.

Lawrence v. ShawcrossENR3 B. & C. 752.

Lee v. ArnoldENR4 Leon, 27.

Windsor v. GoverENR 2 Saund. 302-4.

Doubitofte v. CurteeneENRCro. Jac. 452.

Bally v. Wells 3 Wils. 25, 32; S. C. Wilmot Notes, 341.

Neale v. MackenzieENR 1 Mee. & W. 747; See 2 C. M. & R. 84.

Tomlinson v. DayUNK 5 Moo. 558; S. C. 2 B. & B. 680.

Gardiner v. WilliamsonENR2 B. & Ad. 336.

Leesee of Swift v. Allanson Batty, 326, note.

Anonymous 1 Hog. 147.

Sanderson v. HarrisonENRENRCro. Jac. 680; S. C. 2 Roll's R. 415, and Palmer, 392.

CASES AT LAW. 239 ecclesiastical appointment, whether their admissibility be derived from that statute or not. In conclusion I cannot but observe, that topics were introduced in the course of the argument which had been much better omitted, and which did not tend to a dispassionate consideration of the subject ; upon which, therefore, I forbear to make any further remark. CRAMPTON, J. I wish to explain that I never intended to say that the act of Anne, or the act of Explanation, could be taken to apply to a corporation. I meant to say, that they were applicable to such a case as that reported in Russell, in which Lord Eldon gave his judgment, and which was no corporation at all. Rule discharged. H. T, 1841. Queen's Bench. THE QUEEN it. SCOTT AND 4411141ALE. Jan. g8. Feb. 1. EJECTMENT for non-payment of rent. This case was tried before Ser- Where by jeant Greene at the last Summer Assizes for the county of Limerick. lease of 1803, A. demised to The report of the learned Serjeant stated that the action was brought to B. the house, ffices, and recover possession of the lands of Griston and bog, as demised by the Hon: o lands of Gris- Nathaniel William Massy to Frederick Massy. The day of the demise ton (except the bog), con- in the declaration was the 2nd May 1838, and there were five demises ; taining 67 1st, in the name of George Gubbins ; 2nd, of Joseph Gubbins ; 3d, of Sir acres, for lives renewable for Hugh D. Massy ; 4th, of Lord Clarina ; 5th, of the Hon. Nathaniel Massy. ever, at a rent of £2. 5s. 6d. per acre, with liberty of the commonage of the bog, in as large and ample a manner as theretofore enÂjnyed by Frederick Massy :-Held, first, that the soil of the bog did not pass under this demise, but a mere right of commonage. Held, secondly, that upon the trial of an ejectÂment for non-payment of rent brought to evict this lease, evidence, of the way in which P. theretofore used the bog, cannot be received, to chew that the intention of the parties was, that a right to the soil of the bog was to pass. Held, thirdly, that the rent issued only out of the land, and that ilo part of it was charged upon, or issued out of the hog. Quirre.-Whether an eviction, so as to deprive the defendant 5f the beneficial enjoyÂment of a right of commonage out of the bog, would disentitle the lessor of the plaintiff to Maintain an ejectment for non-payment of rent P It appeared that a controversy having existed between Nathaniel W. Massy, afterwards Lord Clarina, and Frederick Massy the father of the defendÂant, both of whom claimed the lands in question, under different wills alleged to have been made by Charles Massy, a compromise took place by which Frederick Massy agreed to relinquish his claims ; and in conÂsideration thereof, Nathaniel W. Massy agreed to grant a lease of the lands to Frederick Massy for lives renewable for ever ; accordingly, the lease now sought to be evicted, bearing date the 5th of September 1803, was made ; whereby Nathaniel W. Massy demised to Frederick Massy the house, offices, and lands of Griston (except the bog), containing 67 acres, for the lives of Henry Massy, esq., and Peter Lowe, renewable for ever at a rent of £2. 5s. 6d. Irish per acre, with liberty of the comÂmonage of the bog, in as large and ample a manner as theretofore enÂjoyed by Frederick Massy. Charles Massy had granted to Frederick Massy an annuity of £50, in fees chargeable on the lands, and also...