Nixon, A Minor v and F. Darley, H. Monahan, and Others

• Jurisdiction: Ireland
• Judgment Date: 07 May 1868
• Date: 07 May 1868
• Court: Common Pleas Division (Ireland)

Com. Pleas.

Before MONAHAN, C. J., and Oƒ€™HAGAN and MORRIS, JJ.

NIXON, A MINOR

and

AND F. DARLEY, H. MONAHAN, AND OTHERS

Sparks v. SparksENRHetley, 73; Cro. Eliz. 676.

Whyte v. Garden1 Symth, 465.

Regnart v. PorterENR7 Bing. 451.

Foot v. Warren10 Ir. Ch. R. 1.

Claridge v. Mackenzie4 M. & Gr. 143.

Grosvenor v. WoodhouseENR1 Bing. 43.

Rogers v. PitcherENR6 Taun. 202.

Knight v. CoxENR18 C. B. 645.

Percival v. DunneUNK9 Ir. C. L. R. 422.

Doe and Thomas v. Field2 Dowl. Pr. C. 542.

Dod d. Cates v. Summerville6 B. & Cr. 126.

Rogers v. PitcherENR6 Taun. 207.

Oƒ€™Connor v. Stephens13 Ir. Ch. R. 63.

Oƒ€™Connor v. Stephens13 Ir. Ch. R. 68.

Kennedy v. WoodsUNKIr. Rep. 1 C. L. 76.

Ejectment for Non-payment of Rent — Presumption of Tenancy from Year to Year after death of the last Life in Renewable Lease —— Arrears of Rent recoverable in ejectment for non-payment of rent where Plaintiff a Minor.—

NIXON, A MINOR, V. W. AND F. PARLEY, H. MONA HAN, AND OTHERS (1) . Corn. Pleas. 1868. Jan. 14, 15. Ejectment for Non-payment of Rent-Presumption of Tenancy from Year to may 7. Year after death of the last Life in Renewable Lease-Registry Act-Sale of Leasehold Interest in the Landed Estates Court-Arrears of Rent recoverable in ejectment for non-payment of rent where Plaintiff a Minor.-Common Law Procedure Act (1853), sec. 22. In 1817 a lease for lives renewable for ever, at a peppercorn rent and a pepÂpercorn fine, was made of certain premises by A. to B. In 1840 A. took the same premises from B.'s son, at a rent of £8 a year. A. died in 1841, having devised, amongst others, these premises to his wife for life, with remainder to his son C. A.'s wife died in 1847, and C. took possession ; the rent was paid up to May, 1846, but no rent was paid subsequently. B.'s son died in 1847 ; and his heir, D., the Plaintiff, a minor, was born in June, 1847. C., on being applied to in 1848 for the rent, refused to pay, on the ground that a valid receipt could not be given to him, D. being still a minor, and no guardian having been appointed. The last life in the renewable lease of 1817 dropped in 1851., and no renewal was executed. An ejectment for non-payment of rent having been brought in the name of D., who was still a minor, Held, that C. having been clearly tenant to D. up to 1851, when the legal estate under the renewable lease of 1817 expired, the jury might, under the cirÂcumstances, presume that the previous relations between the parties continued; that C. continued tenant from year to year to D. at the same rent ; and that from the continuance of the previous relation between the parties, and the renoÂvation of the tenancy of C. to D., thus presumed, it followed that D. reciproÂcally became tenant from year to year at a peppercorn rent to C., and that the ejectment was maintainable. In 1856 C. had demised the premises in question, with others, for a term of 100 years, and that lease was duly registered by the lessee. The lease of 1817 never was registered. The interest of the lessee in the lease of 1856 was sold in the Landed Estates Court, and the purchaser demised to E. as tenant from. year to year. Defence was taken to the ejectment by C. and E. traversing the existence of any tenancy under the Plaintiff. Held, that the registry acts did not apply, as the tenancy from year to year was incapable of registration. Held, also, that the conveyance of the term of 100 years by the Landed Estates Court did not extinguish the Plaintiff's title. (1) Before MONAIIAN, C. J., and O'HABAN and MORRIS, JJ • - 212 Held, also, that as the 60th section of the 23 & 24 Wet. e. 154, enabled a Plaintiff to insert a claim for rent in a Summons and Plaint in ejectment, such a claim was an action within the 22nd. section of the Common Law Procedure Act, 1853, and the Plaintiff, being a minor, was entitled to recover the entire amount of rent due (19k years). Tins was an ejectment for non-payment of rent brought for the recovery of premises in Montgomery-street, in the city of Dublin. The Plaintiff claimed nineteen and a-half years' rent. The case was tried before O'Hagan, J., at the sittings after Hilary Term. The Defendants each pleaded that he did not hold the premises of the Plaintiff, nor did any other person, or persons, as the Plaintiff's tenant, or tenants. The Plaintiffs first put in evidence a lease of the premises, the subject of the ejectment, dated the 8th December, 1817, from Alderman Frederick Parley to Christopher Nixon, for lives renewÂable for ever, at a peppercorn rent and a peppercorn fine. It appeared that the lessee, Christopher Nixon, died in 1825, leavÂing his son, Christopher Nixon the second, his heir-at-law, whose mother and uncle took the management of the premises while he was under age ; the Defendant, William Frederick Parley, actÂing as the agent of his father, Alderman Darley. The lessor in the lease of 1817, made a proposal to take the premises from the second Christopher Nixon, at the annual rent of £8, for three years from the 8th of April, 1840, which proposal was accepted. The premises, the subject of the ejectment, adjoined other more valuable premises in Mabbot-street, which had been also...