Robert Hoey v Mark Coffey, Executor of Mary Timmons

• Jurisdiction: Ireland
• Judgment Date: 08 November 1850
• Date: 08 November 1850
• Court: Queen's Bench Division (Ireland)

Queen's Bench.

ROBERT HOEY

and

MARK COFFEY, Executor of MARY TIMMONS.

Catesby's caseUNK 6 Rep. 61, b.

Thomas v. Popham Dyer, 218, b.

Hatter v. Ashe 1 Ld. Ray. 84.

Pugh v. The Duke of Leeds Cowp. 720.

Bacon v. Waller 3 Buls. 204.

Lester v. Garland 15 Ves. 248.

Anonymous 1 Ld. Ray. 480.

Thomas v. DesangesENR 2 B. & Al. 586.

Stafford v. WentworthENR 1 P. Wms. 180.

Roe d. Wrangham v. Hersey 3 Wils. 271.

Butler and Baker's caseUNK 3 Rep. 29, b.

Menvil's caseUNK 13 Rep. 21.

Nugent v. Phillips 8 Ir. Law Rep. 17.

Duppa v. MayoENR 1 Wms. Saund. 277.

Franklin v. Carter 3 Dowl. & L. 213; S. C. 1 M. & Gr. 750.

Jack d. Lynas v. Hampton 2 J. & Sy. 448.

Ackland v. LuttleyENR 9 A. & E. 839; S. C. 1 Per. 1 Dav. 636.

Ryalls v. BramallENR 1 Exch. 734.

Jones v. CarterENR 15 Mees. & Wels. 718.

M. T. 1850. Queen's Bench ROBERT HOEY V. MARK COFFEY, Executor of MARY TIMMONS. Nov. 8. COVENANT against defendant as executor of Mary Timmons.- To an action lugo)fro The declaration stated an indenture of the 30th of October 1837, covenant htby whereby the plaintiff demised to Mary Timmons certain premises lessor against executor of for a term of thirty-one years, from the 1st of May 1837, at the lessee for a year s rent, yearly rent of £140, payable the 1st of May and 1st of November. due 1st of No vember 1849, Breach-the non-payment of one year's rent due and ending the the defendant pleaded that 1st of November 1849, which had accrued due after the decease of the testator had assigned Mary Timmons, and whilst the defendant was executor. the premises to Ain 1838 To this declaration defendant pleaded as to so much of the for the residue of the term • rent as was alleged to have accrued due on 1st November 1849, that A there: Actionem non-Because he saith that Mary Timmons, on the 21st uanpd" ed became of July 1838, assigned the premises (out of which the rent accrued) possessed, and whilst pos to Thomas Duff for the residue of the term contained in the inden- session was evicted by title ture of the 30th of October 1837, subject to the payment of the Paramount, on an ejectment rent; and that Duff afterwards, in the lifetime of Mary Timmons, brought by B, in March 1850, entered and became possessed of said premises for the residue of by the pro curement of said term. That whilst he continued so possessed, and after the the plaintiff; in which the death of Mary Timmons, and after the 1st of November 1849, to fictitious de-wit on the 1st of January 1850, one Thomas Smyth is , who defendant mites weretle ovhraey, averred had a lawful right of entry into said lands by title para- mount to the right and title which the plaintiff had therein at the vember 1849. Virtute cujus, time of the making of the said demise, by the procurement and A became a trespasser by direction of the plaintiff, commenced an action of ejectment on the relation as against the feigned lessee and the lessors of the plaintiff in ejectment in regard of the possession of the lands, as from a time before the rent became due. Held, that the plea was bad on demurrer in not showing an eviction by title paramount before the rent became due. Held also, that the plea stating the demises to have been laid on the 1st of November, the Court were not bound to infer that they commenced on the first hour of that day, and therefore the plea failed to establish title on that day. 108 r COMMON LAW REPORTS. M. T. 1850. title to recover possession of said demised lands, and that the Queen'sBench declaration in such ejectment stated the demises therein to have...