A Treatise On the Principles And Practice of the Action of Ejectment And the Re

Cover A Treatise On the Principles And Practice of the Action of Ejectment And the Re
A Treatise On the Principles And Practice of the Action of Ejectment And the Re
John Adams
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Lewi*, (Burr. 614. ) it appeared, original landlord) to give evidence of that the lessor of the plaiutiiThad once this affidavit. The -court were iinanL- been tenant to the defendant, tinder a mously of opinion, that from the lease for a term of years, of wliich lapse of years no such evidence was some were yet to come ; and had been necessary ;[2] but it seems to have ejected by him nearly twenty years been Lord Mansfield's opinion, that before, by a judgment in ejectment if the lessor of the ...plaintiff in the se- a^. Iiiist the casual ejector, pursuant cond acticn had proved, that in point to the statute of 4 Geo. II. C. 28. For of fact no affidavit had been made, he non-payment of rent. The title set would have bedn entitled to recover, up by the lessor in this last action was But qtuere, if the proper method in the irregularity of the proceedings in such case, if the judgment be recent, the first ejectment, from the want of is no* to move the court, upon affida- a proper affidavit whereon to ground vit of facts, to set aside the judgment the judgment ; and the question for for irregularity ?

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