HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0250 and id is 1 raw text is: BURTON V. LANGHAM
[92] EASTER TERM.
COUNTY OF NORTHAMPTON-SOUTHERN DIVISION.
EDMUND SINGER BURTON, Appellant, HERBERT LANGHAM, Respondent.
May 12, 1848.
[S. C. 2 Lutw. Reg. Cas. 78; 17 L. J. C. P. 253; 12 Jur. 631.]
Held, that the committee of a lunatic's estate, who has taken into his own occupation
part of the land, charging himself,-in the account rendered by him to the court of
Chancery, and allowed by the master,-with a yearly sum as rent, does not
thereby become an occupying tenant within the 2 W. 4, c. 45, s. 20.
Herbert Langham is committee of the estate of his brother, Sir James Hay Langham,
Bart., and holds lands in Cottesbrooke, in the county of Northampton, as occupier, to
the value of 3931. per annum. The said Herbert Langham proved that his accounts
were from time to time transmitted for examination and approval, to the court of
Chancery ; and a statement was produced by him, intituled-The ninth account of
Herbert Langham, as committee of the estate of Sir J. H. Langham, Bart.-bearing
the signature of Edward Winslow, one of the commissioners of lunacy, and the seal of
the Court; in which account the name of Herbert Langham appeared as tenant, in
the tenant's column, at the rent of 3931. per annum.
The said Herbert Langham stated (a)1, that, after the passing of the accounts, he
retained a balance of about 15001., out of which, after paying a jointure on the estate,
he defrayed the expenses of repairs and improvements on the property. He further
stated that he was appointed committee on the 21st of June, 1837; [93] that he took
possession of the lands about Lady-day, 1843, succeeding to an occupying tenant;
and that he has continued to hold them up to the present time. He also stated that
he occupies Cottesbrooke House, and the adjoining fields. Part of the furniture in
the house is his own.
Mr. Wood, steward of Cottesbrooke estate, stated on oath, that he was examined
by the master with the accounts, and that, in such examination, the specific lands for
which Herbert Langham claimed to vote, were inquired into, with a view to their
condition and value.
Burton objected that Herbert Langham, as such committee, was improperly on
the register as tenant, under the 20th section of the 2 W. 4, c. 45.
The revising barrister found that Herbert Langham held as occupying tenant, and
retained his name on the list of voters.
The declaration of appeal at the end of the case, was as follows:-
I appeal against the above decision,
CHR. MARKHAM, on behalf of
EDMUND SINGER BURTON.
When this case was called on, on the 11th of November last,
Humfrey, for the appellant, insisted that Mr. H. Langham, having merely the
custody of the estate by grant from the crown, could not be treated as an occupying
tenant of any lands or tenements for which he was bona fide liable to a yearly rent
of not less than 501., within the 2 W'.4, c. 45, s. 20 (a)2; whatever [94] might be his
liability to account to the court of Chancery in respect of the value of the land
retained in his own hands.
(a) This case appears to be objectionable in point of form, on the ground pointed
out ante, p. 8, n. (a). It also omits to shew, as it ought to have done (6 & 7 Vict.
c. 18, s. 7), that Burton, the objector, was on the register of voters for the county,
and thus entitled to object.
(a)2 Which enacts that every male person of full age, and not subject to any legal
incapacity, who shall be entitled, either as lessee or assignee, to any lands or tenements,
whether of freehold or of any other tenure whatever, for the unexpired residue,
whatever it may be, of any term originally created for a period of not less than sixty
years (whether determinable on a life or lives, or not), of the clear yearly value of not
less than 101., over and above all rents and charges payable out of or in respect of the
C. P. xiv.-26*
809
5 C. B. 9&.](ViewImageLocal?handle=hein.slavery/ssactsengr0250&div=1&collection=&method=preview&ext=.png&size=3)