1803-1824. IndexA. Strahan, 1825 |
Common terms and phrases
abbey acre admitted alleged ancient answer appears Bagber bill calf calves cause church claim common law composition real considered costs court of equity court of Exchequer Cramlington crown custom customary payment decimando decree defendant defendant's dence ecclesiastical endowment entitled evidence exemption fact farm favour fendant filed former grant grass ground immemorial impropriator insisted issue jury Kirkby Stephen laid lambs lease legal memory lessee lieu of tithes Lord Chief Baron meadow Meaux ment Mepal milk modus moduses objection occupiers of lands opinion owner paid parish party payable person plaintiff pleaded possession prescription produced proof proved question receipt received rector rent respect Scac shew shewn Sir William Smyth small tithes statute sufficient suit Supra tenth terriers tion tithable matters tithe of agistment tithe of corn tithe of hay tithes in kind township trial turnips verdict vicar vicarage Waghen witnesses wood
Popular passages
Page 1942 - It is the constant aim of a court of equity to do complete justice by deciding upon and settling the rights of all persons interested in the subject of the suit, so as to make the performance of the order of the court perfectly safe to those who are compelled to obey it, and to prevent future litigation.
Page 1757 - Buckland, and he says that he received it from the defendant, for the purpose of preparing his defence. It was not given to this Mr. Beaumont, but to another person of the same name, and who, of course, occupied lands in Buckland, for none but an occupier could have acquired such a receipt. That person being of the same name with the present defendant, there is reasonable inference that they were so connected as to make this the proper custody ; and reasonable evidence of proper custody is all that...
Page 1931 - Thus parishes were gradually formed, and parish churches endowed with the tithes that arose within the circuit assigned. But some lands, either because they were in the hands of irreligious and careless owners, or were situate in forests and desert places, or for other now unsearchable reasons, were never united to any parish, and therefore continue to this day extra-parochial...
Page 2043 - Vetches [766] are a great tithe, if mowed or cut when ripe, but if cut green for cattle, they are a small tithe." In the former part of the same passage, Comyn CB was discussing the nature of the tithe of seeds, and...
Page 1767 - Edmunds, formerly belonging or appertaining, or parcel of the lands and possessions thereof formerly being; and also all the markets and fairs, cottages, stalls and stallages, and the tolls and courts therein mentioned, and generally all tithes of...
Page 1646 - ... may be equally divided, and that is when it is put into grass cocks in the common process of hay-making : and it is agreed on all hands, that the usual course is for the grass to be tedded after it is cut before it is made into grass cocks.
Page 1644 - The general rule which has been alluded to, is confined to the close in which the tithes arise. It does not follow that the r.ector is entitled to go over any other lands of the farmer which are used by him as a road. Here is a road by the farmhouse down to the public road, by which the parson might have gone. When the...
Page 1980 - Scaccarii, the protection of the clergy, or the peculiar nature of property in tithes. It is now the settled law of the land. It is not to be presumed that a person, having a temporary interest only, will insert a falsehood in his book from which he can derive no advantage. Lord Kenyon has said, that the rule is an exception ; and it is so ; for no other proprietor can make evidence for those who claim under him, or for those who claim in the same right and stand in the same predicament. But it has...
Page 1906 - Court that, where the title of the defendant is not in privity, but inconsistent with the title made by the plaintiff, the defendant is not bound to discover the evidence of the title under which he claims.
Page 1986 - It has long been an established principle, that, if a party who has knowledge of the fact, make an entry of it, whereby he charges himself, or discharges another upon whom he would otherwise have a claim, such entry is admissible in evidence of the fact, because it is against his own interest.