Two subjects brought action for ejectment. The defendant took the point that the claimant could not sue in ejectment. It was necessary to allege entry by a tenant. There could not be an entry, as the Crown had already obtained a judgment based on an information of intrusion and a person could not enter against the Crown. The plaintiff responded that he was not bound by the judgment, as he was not a party to that action and so he could allege an entry.
Held: The objection was overruled. Sir Matthew Hale observed obiter that ‘And though the judgment in intrusion includes an amoveas manum, yet it extends only to such as may lawfully be amoved. And if the sheriff do otherwise, he is a disseisor; as if in a judgment against A., in a real action, he should oust B., who neither claims under A., nor is tenant to the action. And the King cannot gain anything by wrong; so that he cannot be a disseisor, but they that enter.’
Judges:
Hale CB
Citations:
(1667) Hardres 461
Jurisdiction:
England and Wales
Cited by:
Cited – Roberts v Crown Estate Commissioners CA 20-Feb-2008
The commissioners sought to claim title to a foreshore by adverse possession. The claimant asserted that he had acquired title in his capacity of Lord Marcher of Magor which had owned the bed of the estuary since the Norman Conquest, and that the . .
Cited – Roberts v Swangrove Estates Ltd and Another ChD 14-Mar-2007
The court heard preliminary applications in a case asserting acquisition of land by adverse possession, the land being parts of the foreshore of the Severn Estuary.
Held: A person may acquire title to part of the bed of a tidal river by . .
Lists of cited by and citing cases may be incomplete.
Constitutional, Land
Updated: 04 December 2022; Ref: scu.264649