Shinner v Harman

Judgment Date01 January 1853
Date01 January 1853
CourtCircuit Court

Circuit case.


Elwes v. MaweENR 3 East, 38.

Culling v. Tunell Bull. N. P. 34.

Rex v. Otley 1 Barn. & Ald. 161.

Wansborough v. Maton 4 Ad. & Ell. 884.

Trappes v. Harter 3 Tyr. 619.

Grymes v. BowerenENR 6 Bing. 438.

Davis v. Jones 2 Barn. & Ald. 165.

Hellawell v. EastwoodENR 6 Exch. Rep. 295.

COMMON LAW REPORTS. 243 II. T. 1853. Circuit case. SHINNER v. HARMAN.* (Circuit case.) March. 'hats was a special case stated for the opinion of the Judge, on A tenant, appeal, pursuant to the 138th section of the 14 & 15 Vic., c. 57. sessioninunpdoesr- is lease, . The process was for the alleged conversion of a threshing-ma- up for agnculset - chine and steam-boiler, which the plaintiff alleged had been tural purposes a threshing illegally removed by the defendant from the farm of Cloughlucas machine and ' steam-boiler. in the county of Cork. The Assistant-Barrister, on the hearing The thresh ing-machine of the case, gave a decree for the plaintiff for 16, being in was fastened to four bolts, the proportion of 12 for the removal of the threshing-machine, fixed in the ground, but and 4 for the removal of the steam-boiler. was capable of being detach The case stated that the defendant held the lands of Clough- ed from them lucas, under a lease dated the 12th of February 1839, made to fboyuur n tesw i ant; him by one Edward Nagle Connellan, for the term of three bthoeltsendanodf there- lives, some of which were still living, and sixty-one years in moving the reversion. Edward Nagle Connellan was himself seised of the machine, which passed lands at the time • he made the lease to the defendant, under a through the wall of the deed of the 30th of December 1836, executed to him by John house, both of which could Shinner, the father of the plaintiff, for a term of three lives, be done with out injury to with a covenant for perpetual renewal. By a decretal order, the freehold. . The steam- made by the High Court of Chancery in Ireland, in a certain boiler was set A -k, petition matter wherein the plaintiff in was petitioner, and Richard which rested Connellan, eldest son of the said Edward Nagle Connellan, who 9n the floor in the corner had previously died, Edward Sherlock, Richard Wynne and Robert of the out house, and Murray, were respondents, but to which petition matter the pre- touched both walls, but was sent defendant did not appear to be made a party, it was declared capable of beÂÂing removed that the said indenture of the 30th of December 1836 was fraud- by detaching the upper tier ulent and void as against the petitioner ; and that under the of the brick work, without injury to itself or the out-house-Held, that the threshing-machine and steam-boiler were not xtures as between landlord and tenant, and that the tenant was entitled to them as removeable chattels * Ceram BALL, J.-(Cork Spring Assizes, 1853.) 244 COMMON LAW REPORTS. provisions of a certain settlement of the 15th of August 1811, the plaintiff, on the death of his father, became entitled to the premises comprised in a certain deed of the 2nd of September 1794, which it was admitted comprised the premises demised as aforesaid to the defendant ; and it was further ordered that the respondent Richard Wynne should execute to the plaintiff a deed of re-conveyance of the premises comprised in the indenture of the 2nd of June 1794, discharged from all intervening incumÂÂbrances created by John Shinner the elder, or by Edward Nagle Connellan, or either of them, or by any person claiming under any of them ; and that an injunction should issue, to put the plaintiff in possession of the premises comprised in the indenture of the 2nd of June 1794. While the defendant was in possession, under the demise of the 12th day of February 1839, he, at his own expense, set up a threshing-machine on the premises comÂÂprised in his lease, and erected over it a house or shed, for the purpose of containing, preserving and working it...

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