In a writ of waste
Fulthorpe. Judgment of the count. He has alleged waste in oaks and thorns and thorns cannot be considered waste.
Goderede. What do you say in respect of the oaks?
Fulthorpe. That goes for all.
PASTON, J. That is only against the action for part.
MARTIN, J. The whole writ will abate because it appears that if his writ does not lie in respect of part then his action is false in respect of part.
STRANGEWAYS, J.. If the demandant acknowledges some plea which is contrary to his action in part then all the writ abates but that is not an admission but an allowance in his declaration.
MARTIN, J. His declaration is his own words; so he has admitted that his action does not lie in part.
PASTON, J. If a woman in an action of dower makes claim to one third of a manor and of a common, as to the common her claim is void but as to the remainder her claim is good. Moreover he has assigned waste in that the stumps of the thorns have been destroyed for lack of enclosure.
MARTIN, J. If one brings a writ against two and one dies the whole writ abates.
Brown (one of the clerks) says that this is because the writ is false but in this case the writ is good in itself.
And then as to the part Fulthorpe showed how Alice the claimant had a brother who had survived his father and died; and after his death no waste committed etc.
Citations:
[1431] [Co. Litt. 53a (m)]
Jurisdiction:
England and Wales
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: 06 May 2022; Ref: scu.196952