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![handle is hein.slavery/ssactsengr0275 and id is 1 raw text is: that it may be considered a right or interest in it, which if the tenant grants away,
he shall not be allowed to defeat his grant by a subsequent voluntary act of surrender.
We are, therefore, of opinion that the plaintiffs may maintain an action against
the defendant for preventing them from exercising their right to sever, and may in
such action recover the value of the fixtures as severed.
Rule absolute.
PHILLIPS V. BALL AND OTHERS. May 27th, 1859.
[S. C. 29 L. J. C. P. 7 ; 6 Jur. N. S. 48.]
According to the custom of a manor, a grant by copy of court-roll to A., B., and C.,
for their lives and the life of the longest liver of them, successively, according to
the custom of the manor, gave the first taker an absolute power of disposing of the
estate in his life-time :-Held, a good custom; and that it was sufficiently proved
by shewing four instances of surrender and admittance of the person first named,,
in exclusion of the others.-An alienation of the fee by the lord of a manor does.
not affect the rights of the copyhold tenants. -Therefore, where the lord had granted
the inheritance of a portion of the manor to A.,-Held, that it was competent to,
a copyhold tenant to dispose of his interest to the grantee by an ordinary commoni-
law conveyance; the customary mode of conveyance being rendered impossible by
the act of the lord.
This was an ejeetment brought for the recovery of three messuages and three
closes of land in the parish of St. Austell, in the county of Cornwall, formerly copy-
holds of the manor of Treverbyn Courtenay, and parcel of the possessions of the Duchy
of Cornwall.
The cause was tried before Channell, B., at the last [812] Summer Assizes at
Bodmin. It appeared that down to the year 1799, the premises in question formed
part of the copyhold tenements of the manor of Treverbyn Courtenay ; that, by the
custom of the manor, the copyhold tenements were held by grant from the lord for
the lives of three persons, who take successively in the order in which their names
appear on the court-rolls and admittance: and that the widow of any person dying
tenant for his life of any tenement, is entitled to hold the same during her widowhood,
or so long as she shall continue chaste.
The following entries appeared upon the court-rolls of the manor, which are in the
custody of the Duchy of Cornwall :-
At a court held of the said manor on the 11th of November, 1762, came Ann
Wallis and Richard Williams the younger, by the nomination of John Wallis, and
took of the lord two small tenements or cottages, with the appurtenances, in Austell,
containing about three acres and a quarter of land, part of the said manor, formerly
in the possession or occupation of the said John Wallis or his under-tenants, To hold
to Ann Wallis and Richard Williams the youngerfor the lives of the longest liver of
them successively in reversion of the said John Wallis, according to the custom of
the said manor, at the old yearly rent of 8s. 6d. ; and they gave to the lord for such
estate and entry in the premises to be had the sum of 151. : and thereon Ann Wallis
and Richard Williams the younger were admitted tenants in reversion, according to
the custom of the said manor ; and their fealties were respited until their particular
estates happen.
By a warrant under the hand of Lord North, dated the 26th of February, 1779,.
duly inrolled,-reciting that Richard Williams, by his petition, set forth that he,
holdeth for his own life by the aforesaid copy of [813] court-roll of the 1 Ith of*
November, 1762, the two small tenements, with the appurtenances, in Austell, con-
taining three acres and a quarter of land, part of the manor of Treverbyn Courtenay,
and parcel of the annexed Duchy of Cornwall, in the county of Cornwall, at the yearly
rent of 8s. 6d., and pray that the same may be granted by copy of court-roll for two.
such lives as the petitioner, Richard Williams, should name, in reversion of himself,.
for h moderate fine, at the same old rent; which petition was referred to the surveyor-.
general of the Duchy of Cornwall, who had reported that lie was of opinion a copy
for two lives to be named by the said Richard Williams in reversion of himself might;
be granted of the said two tenements in Austell for a fine of 171, 10s., reserving th
67-9
PHILLIPS V., BALL.
6 0. B. (K. 8.) 812.](ViewImageLocal?handle=hein.slavery/ssactsengr0275&div=1&collection=&method=preview&ext=.png&size=3)