The Law Reports (Queen's Bench Division)
[1958] 1 QB 404
[QUEEN'S BENCH DIVISION]
WARNER v. SAMPSON AND ANOTHER.
[1955 W. No. 1371.]
1957 Nov. 21,
22;
Dec. 5.
1958 Jan 13.
Dec. 5.
1958 Jan 13.
Ashworth J.
Landlord and Tenant
— Forfeiture of lease
— Repudiation of landlord's title
— Action by landlord for possession
— General denial of statement of claim in defence
— Denial of landlord's title by one of two executors
— No defence by other executor
— Reply by landlord forfeiting lease
— Denial of title binding on both executors
—
Administration of Estates Act, 1925 (15 & 16 Geo. 5, c. 23), ss. 2 (2), 55.
Landlord and Tenant
— Forfeiture of lease
— Relief from forfeiture
— Forfeiture by operation of law
— Whether section applicable
—
Law of Property Act, 1925 (15 & 16 Geo. 5, c. 20), s. 146.
Barrister
— Authority to bind client
— Pleading
— General denial effecting forfeiture of lease
— No disregard of specific instructions
— “Mistake”
— Effect of forgetfulness binding on client.
Executor and Administrator
— Executor
— “Conveyance”
— Lease
— Disclaimer
— Denial of landlord's title in defence of one of two personal representatives
— Denial in defence not a “disclaimer”
—
Administration of Estates Act, 1925, ss. 2 (2), 55.
Practice
— Pleadings
— Action for possession
— General denial
— Whether amounting to forfeiture of lease.