The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 71

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...18 Edw. I.); it may now be claimed in pleading by virtue of enjoyment for sixty or thirty years; and the adverse party is not permitted to contest. it on the ground that it had a modern origin anterior to one of those periods: but it would be hard if, on that account, such enjoyment of common could be made the foundation of another privilege which by its nature should be immemorial. (Pnrasou, J.: The claim pur cause dc 1-icinage depends only on the cattle being lawfully in the place they escape from: it is immaterial to you whether they were there by immemorial right or not., J.: Stat. 2 & 3 Will. 1V. c. 71, s. 1, affects the evidence of the right, but does not modify the right itself.) The proposition, that common pair cause dc ricinagc must have existed from time immemorial, is expressly laid down in T_urrin_r/ham's case (1) (dictum of "R.n', Ch. J.), cited in Com. Dig. tit. Common (E). And in lVakqfeild's case (2) it was held that a man cannot prescribe for common in respect of a house built within the last thirty years; the same point is stated in 4 Yin. Abr. '592, tit. Common (M), pl. 11 (3). So, common pur cause do 1-icinage, to be immemorial, must have been enjoyed in respect of some tenement to which it was immemorially attached. (Parrssou, J-.: Suppose two lords had agreed, time out of mind, that certain rights of common should be enjoyed mutually by tenants on the two manors, but there were at the time no commoners: would not the right accrue to tenants who came in afterwards 'I If there were an immemorial custom that the inhabitants of A. should have a path to the church, the custom would apply to new houses, and would not the less be immemorial.) Wal.-iy'eilcentsl's case (2) seems t
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  • Paperback | 358 pages
  • 189 x 246 x 19mm | 640g
  • United States
  • English
  • black & white illustrations
  • 1236748387
  • 9781236748386