Patrick Nugent v Richard Phillips

• Jurisdiction: Ireland
• Judgment Date: 25 January 1845
• Date: 25 January 1845
• Court: Queen's Bench Division (Ireland)

Queen's Bench.

PATRICK NUGENT

and

RICHARD PHILLIPS.

Lessee Dawson v. Coghlan Hayes, 509.

Hodgson v. GascoineENR 5 B. & Al. 88.

Hey v. MoorhouseENR 6 Bing. N. C. 52.

Butcher v. ButcherENR 7 B. & C. 399.

Turner v. MeymottENR 1 Bing. 158; see also Roll Abr. Trespass, T. 5.

CASES AT LAW. 17 H. T. 1845. Queen'sBench. PATRICK NUGENT v. RICHARD PHILLIPS. Jan. 25. TREsrAss.-The declaration contained four counts, the first and Where an third for breaking and entering the plaintiff's close, and the second t=mtagrit and fourth, de bonis asportatis. The defendant pleaded three for non-pay ment of rent, pleas ; first, not guilty as to the whole declaration ; second and third, and the demise laid nidd a in liberum tenementum to the breaking and entering, as in the first and third counts alleged. In the replication to the second plea, the for judgment plaintiff replied a demise of the place in which, &c., by the defend- sgtiavyenCk ewxielelu ant to the plaintiff until the let of November 1843; and the tion until the November folÂÂrejoinder traversed this demise. In the replication to the third plea, lowing, when the habere there was a traverse of the defendant's soil and freehold. was executed, On the trial • of the case before Mr. Kemmis, Q. C., at the though the landlord had Summer Assizes of 1844, for the county of Limerick, it appeared entered in Au- from the evidence, that the defendant claimed to be entitled to the gust previous, and sold the premises in question, subject to two leases for lives still subsisting to crop sown by theeld, ttebnaatn 1 one Denis Lynch, who died leaving five daughters, and that the H plaintiff claimed under one of those daughters to be entitled to landlord could nab bema liable be in ad ue a share of those lands. That the rent reserved having fallen into arrear, the defendant had brought an ejectment for non- action of tres pass de bonis payment of rent to evict those leases, and that defence was taken asportatis, for to this ejectment by the plaintiff and several others, and judgment selling the crop. was given on consent in that ejectment, with stay of execution until Held also, the 4th of November 1843. The habere and possession taken under that where a landlord re- the ejectment bore date the 11th lth of November 1843. It further covers in eject- appeared that at the time the ejectment was brought, the plaintiff had hae went, ehf iesr etni ct lee cropped the lands, and subsequently cut, saved and stacked the crop ; to the day of the d that on the 26th of August 1843, the defendant entered and seized demise,an the tenant is a the crop so saved, under an execution on a civil bill decree against a trespasserfrom that period. person of the name of Mahon and and sold it on the 29th of August. PERRIN, J., He failed in proving this, and then claimed to be entitled to the corn dissentient& in his own...