Select Cases and Other Authorities on the Law of Property, Volume 2 |
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Page 2
... must escape thither of themselves by reason of vicinity ; in which case one may
enclose against the other , though it hath been so used time out of mind , for that
it is but an excuse for trespass . The last is common in gross , which is so called ...
... must escape thither of themselves by reason of vicinity ; in which case one may
enclose against the other , though it hath been so used time out of mind , for that
it is but an excuse for trespass . The last is common in gross , which is so called ...
Page 6
Wherefore it was adjudged ut supra . SMITH V . GATEWOOD . King ' s BENCH .
1607 . ( Reported Cro . Jac . 152 . ] TRESPASS in a place called Horsington
Holms . The defendant justi . fies , for that Stixwold is an ancient vill adjoining to
the ...
Wherefore it was adjudged ut supra . SMITH V . GATEWOOD . King ' s BENCH .
1607 . ( Reported Cro . Jac . 152 . ] TRESPASS in a place called Horsington
Holms . The defendant justi . fies , for that Stixwold is an ancient vill adjoining to
the ...
Page 14
The first count of the declaration stated that the defendant , on the 1st of
November , 1861 , and on divers other days and times between that day and the
commencement of the suit , broke and entered a certain close of land of the
plaintiff called ...
The first count of the declaration stated that the defendant , on the 1st of
November , 1861 , and on divers other days and times between that day and the
commencement of the suit , broke and entered a certain close of land of the
plaintiff called ...
Page 15
Fourth plea , – that the said ames Emery , at the time of the alleged trespass , was
possessed of the said land called Bloody Field , immediately adjoining the said
close of the plaintiff as aforesaid , and that the occupiers thereof for sixty yea . s ...
Fourth plea , – that the said ames Emery , at the time of the alleged trespass , was
possessed of the said land called Bloody Field , immediately adjoining the said
close of the plaintiff as aforesaid , and that the occupiers thereof for sixty yea . s ...
Page 16
said land for the time being , at their free will and pleasure , by themselves and
their servants , to enter pon a certain strip of the said close of the plaintiff , next
adjoining the said close called Bloody Field , to wit , a lugfall of the said close of
the ...
said land for the time being , at their free will and pleasure , by themselves and
their servants , to enter pon a certain strip of the said close of the plaintiff , next
adjoining the said close called Bloody Field , to wit , a lugfall of the said close of
the ...
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Common terms and phrases
acquired action adjoining agreed agreement alleged appears applied assigns authority belonging benefit bound building built called carried cause claimed close common consideration considered continued conveyed court covenant custom damages decided decision deed defendant defendant's easement effect enjoyed enjoyment entered entitled erected evidence exist extent fact fence flow follows give given grant grantor ground heirs held highway injury intended interest judge judgment jury Justice land license light Lord maintain manner means mentioned mill nature necessary obstruction occupiers opinion owner party pass passage person plaintiff plea possession premises prescription present principle proprietor proved purchased question reasonable referred remove repair Reported respect river road rule side soil stream street sufficient surface taken tenant tenement term thereof thing tion trespass trial verdict wall whole