In a writ of waste brought against a tenant in dower the count was that she held in dower of his inheritance and that she had committed waste in the manor of W. and he assigned the waste.
Birton. He does not show how we hold of his inheritance, whether as heir to our husband or as strange purchasor or by whose assignment we hold; so judgment of his writ etc.
Muttelowe. Our writ is general and we can have no other writ in the chancery and so etc.
So she was put to answer further.
Birton. Whereas he alleges that we hold the whole of the manor in dower we hold only one third of the manor; judgment of the writ.
Muttelowe. Whether you hold only one third or more you have committed waste in what you hold and you do not answer on that; judgment etc.
Birton. As to all he alleges as waste other than in respect of a sheepshed, no waste committed, as we are ready etc. As to this sheepshed it was ruinous when our dower was assigned and so collapsed and we have erected a new sheepshed with our own timber; judgment etc.
Muttelowe. In respect of that: that you have committed waste as we have suggested by our writ, as we are ready to prove etc.
STOWFORD, J. She has alleged a matter on which you may demur for judgment if you wish; but you will not get to a general averment on what she has said. So answer what she has said.
Muttelowe. She has committed waste as we alleged and has not erected a new building as she has said, as we are ready etc.
Citations:
[1352] [Co. Litt. 53a (g)]
Cited by:
Cited – Dayani v London Borough of Bromley TCC 25-Nov-1999
LA Tenant liable for permissive waste
The local authority was tenant of properties which it sub-licensed to homeless persons for three years was liable for having allowed the properties to deteriorate. It was claimed that they were liable for permissive waste as tenants for a fixed . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 16 May 2022; Ref: scu.196932