Page images
PDF
EPUB

Of the Demife.

THE declaration in ejectment must shew a good demise.

Yelv. 166.

And if it is of tythes, it ought to fay, that the leffor demifed by deed. Cro. Jac. 613.

Alfo the leffor of the plaintiff must have a right of entry when this action is brought. And by the statute of limitations, 21 Jac. 1. c. 16. none fhall make an entry into ́ lands, but within twenty years after their right or title which fhall firft defcend or accrue to them; but this act hath the ufual favings for infants, feme coverts, &c.

The demife in the declaration must be laid after the title accrues, otherwife the plaintiff will be nonfuited; and the plaintiff muft lay the commencement of his fuppofed leafe to have been precedent to the ejectment by the defendant, I Sid. 8.

.If there be feveral leffors, and it is laid in the declaration that they demifed, you must fhew fuch a title in them, that they could demife the whole. Cro. Fac. 166.

In ejectment, on the demife of an heir by defcent, the demise was laid on the day his ancestor died, and held to be well enough. 3 Wilf. 274.

If leffors of plaintiff are tenants in common, there ought to be a different count on the demife of each tenant in common; or they may join in a leafe [and if there are many it is the better way] to a third perfon; and that leffee make a lease to try the title. For tenants in common cannot make a joint leafe. 2 Wilf. 232.

So if there are feveral coheirs, each must make a lease. But joint-tenants are feized per my et per tout; and therefore each may be faid to demife the whole.

So of coparceners, for they ftand on the fame foundation. Vide Bull, Ni. Pri. 107.

Where a corporation aggregate is leffor of the plaintiff, they must give a letter of attorney to fome perfon to enter and feal a leafe on the land; and therefore the plaintiff ought in fuch cafe to declare upon a demife by deed; for they cannot enter and demife upon the land as natural perfons can, though this will be aided after verdict. Carth. 390.

But a demife of a corporation in ejectment was held to be good, without mentioning that it was by deed. Ld. Raym, 135.

If trees of a charity want to bring ejectment, the trustees, at the time of bringing the ejectment, thould be the leffors

of

Of the Demise.

of the plaintiff; but befides the count on their demise, there should be another on the demife of the leflors (trufees) in the leafe; another on the demife of all the then trustees, if more than were the leffors in the leafe; and another on the demife of the receiver of the charity.

If the leffor of the plaintiff be an infant, the demife fhould be ftated to be by deed, and alfo rendering rent; though there is no occafion in fuch cafe for a real lease.

So upon the demife of a mafter and fellows of a college, dean and chapter of a cathedral, mafter or guardian of an hospital, parson, vicar, or other ecclefiaftical perfon, of any lands, &c. the declaration fhould ftate, that there was a rent referved, &c. purfuant to the ftat. 13 El. c. 10. R. Sav. 129.

The form of a declaration in ejectment on a single demise by bill in B. R. is as follows:

Hilary term, in the 20th year of king George the third.

Stormont and Way.

Middlefex, to wit. John Den complains of Richard Fen being in the cuftody of the marfhal of the Marshalfea of our fovereign lord the king, before the king himfelf. For that whereas William Smith, efquire, on the fifth day of January, in the nineteenth year of the reign of our forereign lord George, the now king of Great Britain, &c. at Westminster, in the county of Middlefex, had demifed, granted, and to farm let to the faid John Den, four meuages, four barns, four tables, fifty acres of land, fifty acres of arable land, fifty acres of pafture land, twenty acres of wood, and twenty acres of underwood [fo defcribe the parcels according to the cafe] with the appurtenances, fituate, lying and being in the parish of Saint Mary, Islington, [the vill or town where the premiffes lie] in the county aforefaid, to have and to hold the faid premifles, with the appurtenances, from the faid fifth day of January, in the year aforefaid, for and unto the full end and term of five years thence next enfuing, and fully to be compleat and ended; by virtue of which faid demife, he the faid John Den entered into the faid premiffes, with the appurtenances,

Of the Declaration in Ejectment.

purtenances, and was poffeffed thereof, until the faid Richard Fen afterwards, to wit, on the tenth day of January, in the nineteenth year aforesaid, with force and arms, &c. entered on the premiffes aforefaid, with the appurtenances, in the poffeffion of the faid John Den, and then and there ejected, drove out, and amoved the faid John Den from his faid farm; his faid term therein not being yet ended and him the faid John Den, fo ejected, drove out and amoved, hath kept out, and ftill doth keep from his poffeffion thereof, and other injuries to him then and there did, against the peace of our faid lord the king, and to the damage of the faid John Den of ten pounds, and therefore he brings fuit, &c.

[blocks in formation]

Then fubfcribe the notice, the form of which fee hereafter.

The form of a declaration on a fingle demife by original is as follows:

Hilary Term, in the 20th year of the reign of king George the third.

Middlefex. Richard Fen, late of the parish of St. Mary, Iflington, yeoman, was attached to answer John Den of a plea, wherefore with force and arms he entered into four meffuages, four barns, &c. with the appurtenances, in the parish of St. Mary, Iflington, which William Smith, efquire, demifed to the faid John Den for a term which is not yet expired, and ejected him from his faid farm, and other wrongs to him did, to the great damage of the faid John, and against the peace of our faid fovereign lord the king. And whereupan the faid John Den, by William Lyon, his attorney, complains, that whereas the faid William Smith, on the firft day of March, in the nineteenth year of the reign

of

Of the Declaration in Ejectment.

of our prefent fovereign lord the king, at Weftminster, in the faid county of Middiefex, had demifed to the faid John Den the faid tenements, with the appurtenances, to have and to hold to the faid John Den, and his affigns, the aforefaid tenements, with the appurtenances, from the faid first day of March, in the year aforefaid, unto the full end and term of five years thence next enfuing, and fully to be compleat and ended by virtue of which faid demife, the faid John Den entered into the faid tenements, with the appurtenances, and was poffeffed thereof; and the faid John Den, being fo poffeffed thereof, he the faid Richard Fen afterwards, to wit, on the fecond day of March, in the year aforefaid, with force and arms, &c. entered into and upon the faid tenements, with the appurtenances, which the faid William Smith had demifed to the faid John Den as aforefaid, for the term aforefaid, which is not yet ex pired, and ejected the faid John Den from his faid farm, and other wrongs to him then and there did, to the great damage of the faid John Den, and against the peace of our faid fovereign lord the king; whereupon the faid John Den faith, that he is injured, and hath damage to the value of 201. and therefore he brings fuit, &%

For other forms of declarations, fee the various books of entries.

The notice to be written under the declaration is in the following form:

To Mr. John Bull.

I am informed, that you are in poffeffion, or claim title to the premiffes, in this declaration of ejectment mentioned, or to fome part thereof; and I being fued in this action as a cafual ejector, and having no claim or title to the fame premifles, do advise you to appear on the first day of next Eafter term, in his majesty's court of King's Bench [or Common Pleas, as the cafe is] at Westminster, by lome attorney of that court; and then and there, by rule of the fame court, to caufe yourfelf to be made defendant in my ftead, otherwife I fhall fuffer judgment to be

entered

Of the Declaration in Ejectment.

entered against me, and you will be turned out of

poffeffion.

The 1 day of February, 1780.

Your loving friend,

Richard Fen.

The notice in ejectment was to appear on the effoign-day of the term, and held ill; for it fhould be to appear the first day in full term, which is the first day in term. Stra. 1049.

B. R.

If the premises lie in London or Middlefex, make the notice to appear on the firft day of the next term to that of which the declaration is entitled; otherwife, if made generally, the tenant will have the whole of the next term to appear in.

But if the premiffes lie in any other county, the notice fhould be to appear the next term generally.

C. B.

The fame in this court,

The notice may be either for the beginning of the next term, or the next term generally.

As many copies of the declaration must be made out on treble penny ftamped paper, as there are tenants in poffeffion of the premiffes which the plaintiff claims; and each declaration must be perfonally ferved on the tenant, or his wife, before the effoign-day of the term wherein he is to appear, otherwife the plaintiff cannot have judgment till the term following. And the notice must be read over on the delivery, and fully explained.

Of

« PreviousContinue »