The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1881-07-12 00:00:00

HIGH COURT OP JUSTICcQUEENS BENCH

DIVISION.

WZBTIIINNTIN Friday.
(Before Mr. Justice Hawkins).

TRILYCHARII V. HOLDWAY.

In this can, in which Mr. Henry Lake Dillon Tren-
chard was the plaintiff, and Mr. Robert Holdway the
defendant, the claim wee for the pnese•sion ..f is .table
and lad, and mesne profits (CI,OW).—Mr. Mclntyre,
Q.C., and Mr. W. I). Rawlins were counsel for the
plaintiff; and Mr. Charles, Q C., and Mr. MedcaU for
the defendant.

Mr. Mel '.tyre said the question raised was under the
will of the late Mr. William Frederick Trenchard, and
whether Mr. William Frederick William Davies Tref).
chard had power to grant leases; by power of attorney.
The facts of the case were that on the llth of October,
1809, the plaintiff took i.oesession of a stable and land
at Field Oak, in the county of Doriet. Before that
year Mr. William Trenchard was the owner in fee
simple of artistes in Dorsetshire and Hampshire, but
the stale and land, the subjects of the present snit,
were situated at Child Okeford, Dor.et, and Mr.
William Trenchant being seized of the property demised
by a lease dated October, 11, 1809, he devised by lease
certain premises and land holdings to a person named
Henry Haines for the term of three lives, or for 99
years, if the last should survive. The persons in the
lease were Henry Haines, Lucy Heinen, and Elizabeth
Kaines, aod the sum reserved by the lease in respect
of the whole premises was Is. a year, and £l5 was paid
to Mr. Trenchant as a consideration for granting the
lease. After he had made the lease, Mr. William
Trenchard made his will. and in this will he ler the
estates to his wife Elizabeth for life, and the remainder
to William Trenchard Dillon, who afterwards took the
name of Trenchard. Mr. Trenchard died without
altering his will, and Mrs. Trenchant succeeded to the
estates, and afterwards died. aa illiam Henry Dillon
Trenchard succeeded, and also died, and his son and
his relative, Henry Luke Dillon, succeeded to the Two-
perty. Ultimately, the present plaintiff succeeded to
the estate in 1867. The defendant stated that there
was an adverse title. In 1809 a lease was granted to
Henry Haines, and it was alleged that in 1840 he parted
with a portion of the property and the stable and land
adjoining it, and &division of rent followed. In re •pect
of the stable and premixes he paid a nominal rent of
4d. a year. The defendant now alleged that in 1843
he had an assignment of the interest of the assignee,
Henry Haines, and held it until 1848, paying this
nominal rent of 4d. a year. In that year he said that
Mr. William Fred-rick Ddlon. who afterwards took
the name of Trenchard, granted him a lease for 99
years. or for the lives of three persons, for the con-
eideration of 4:11, but he (Mr. Mclntyre) was prepared
to show that at the date this lease was said to have been
executed, Mr. Trenchant was dead and buried. The
documents before the Court was signed, not by Mr.
Trenchant but by his solicitor, Mr. Watts, of
Charboro', under power of attorney, dated the day of
Mr. Trenchard's death.

--71;h-e-CiiTe—ha;friii—hee.a opened, after • brief deliber-
ation It warn agreed to enter a verdict for the plaintiff
subject to a reference.