Lessee Thomas Dawson v Francis Dawson and Another

• Jurisdiction: Ireland
• Judgment Date: 28 May 1850
• Date: 28 May 1850
• Court: Queen's Bench Division (Ireland)

Queen's Bench

Lessee THOMAS DAWSON

and

FRANCIS DAWSON and another.

Campbell v. Sandys 1 Sch. & Lef. 281.

Elliott v. JekylENR 2 Ves. Sen. 681.

Atkinson v. BakerENR 4 T. R. 229.

Jeff v. RobinsonUNKENR 2 M. & R. 249; S. C. 8 B. & C. 296.

Allen v. Allen 2 Dr. & War. 307.

Crozier v. Crozier 3 Dr. & War. 373.

Wheeler v. Duke 1 Cr. & Mees. 2180.

Target v. GauntENR 1 P. Wms. 432.

Morse v. Lord OrmondeENR 1 Russ. 682.

Malcolm v. Taylor 2 Russ. & Myl. 416.

Ellicmbe v. Gompertz 3 Myl. & Cr. 127.

Carwardine v. CarwardineENR 1 Eden, 27.

Lessee Westby v. Fetherstn 2 Huds. & Br. 320.

Cole v. SewellUNK 4 Dr. & War. 1; S. C. 5 Ir. Eq. Rep. 190.

Wildƒ€™s caseUNK 6 Rep. 16, b.

Legh v. Norbury 13 Ves. Jun. 340.

Philpotts v. JamesENR 3 Doug. 425.

472 CASES AT LAW. T. T. 1850. Queen's Bench Lessee THOMAS DAWSON FRANCIS DAWSON and another. May 24, 28. By a deed, Tins case came before the Court on a special verdict from the executed in 1794, F. D. Monaghan Spring Assizes of 1850. That verdict found that pre- granted cen lands to vious to and on the 23rd of January 1717, Robert Dawson was trustees, to permit F. D. seised in fee of the lands of Drumany, in the county of Monaghan, to receive the rents for his and that by indenture of lease and re-lease, dated the 23rd of Janu- life, ant after hie, death chat ary 1717, Robert Dawson demised to William Dawson, his heirs and his the lands assigns, the said lands for the lives therein named, and the life of should go to and become the longest liver of them, subject to the yearly rent therein menÂthe property of W. D. and his tioned, with a covenant for perpetual renewal ; that several renewals issue male lawfully be- were from time to time had, and that previous to and on the 23rd gotten, and for want of such of September 1794, Francis Dawson being seised of the estate of issue, to T. D. and his heirs the lessee under the lease of the 23rd of January 1717, and the lives for ever. The plaintiff, in an in the last renewal being still in being, an indenture was executed ejectment brought to re- between Francis Dawson of the first part, Thomas Dawson (eldest cover these of lands, claimed son o Francis) of the second part an , and Ralph Dawson and Stewart under the limi- tation to T. D. Adams of the third part, which, after reciting that in and prior to as his heir ; the defendant 1756 176 Francis Dawson, being seised and possessed of the lands of claimed as de- visee of W. D., Drumany, by virtue of leases renewable for ever, with power to insisting W. dispose thereof, on the 15th of December 1756, intermarried with D. took an estate quasi in Elizabeth, his present wife, and that there were issue of said mar-fee, or quasi in tail, which riage five sons, Thomas, John, William, Henry and Theophilus. he had barred. field, that W. The said indenture, inter alia, witnessed that Francis and Thomas D. did not take an absolute Dawson, for the considerations therein mentioned, conveyed to interest under the deed, nor Ralph Dawson and Stewart Adams, and the survivor of them, an estate quasi in tail, but and the heirs and assigns of such survivor, the town and lands only an estate for life. of Drumany, Habendum, in trust to permit and suffer Francis Held also, Dawson and his assigns to take the rents during his life, and after that the limi tation over to T. D. was not void for remoteness. CASES AT LAW. 473 his' decease to go to and become the property of the said William Dawson and his issue lawfully begotten, and for want of such issue to go to and belong to the said Theophilus Dawson and his heirs for ever, with full power to the said William Dawson to settle a jointure upon a wife, subject to the life estate of the said Francis Dawson, reserving unto the said Francis Dawson a power to dispose of an acre of the bog of Drumany, and of £500. The...