Reports of Cases Argued and Determined on the Equity Side of the Court of Exchequer, Before the Right Honourable Sir Richard Richards, Knight, Lord Chief Baron, During the Years 1817, 1818, 1819, and 1820 (Classic Reprint)
Reports of Cases Argued and Determined on the Equity Side of the Court of Exchequer, Before the Right Honourable Sir Richard Richards, Knight, Lord Chief Baron, During the Years 1817, 1818, 1819, and 1820 (Classic Reprint)
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1824 Excerpt: ... plaintiffs in this suit, and those under whom they claim, have, 1818. Ridley v. Storey. beyond all doubt, been in the actual perception from the defendants themselves, and those under whom they claim, of all the tithes demanded by this bill. There has been no interruption in the enjoyment, nor any dispute on the ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1824 Excerpt: ... plaintiffs in this suit, and those under whom they claim, have, 1818. Ridley v. Storey. beyond all doubt, been in the actual perception from the defendants themselves, and those under whom they claim, of all the tithes demanded by this bill. There has been no interruption in the enjoyment, nor any dispute on the subject, until the refusal by the defendants to account, which has occasioned the present suit. So that, as far as living memory can go, and as far, indeed, as written evidence can well shew, from all time, in fact, that evidence can reach, the plaintiffs, and those under whom they claim, have been in the clear and undisputed perception of the tithes. But it has been urged, that although this contract appears to have been made between the vicar and Thomas a Cramlington, in 1535; yet it does not appear that the ordinary and patron ever gave it their consent; which is certainly true: but, after all this usage and constant perception, I cannot suffer the present defendants, who have always paid the tithes themselves, to say, that every thing was not done in this case which was requisite; nor do I apprehend it to be necessary, in all cases, when a composition real is set up, to prove the consent of the patron and ordinary. It may be inferred from other facts and circumstances, (a) Although there has been of late a very respectable opinion against it, I perfectly agree in the doctrine, which I conceive to be clearly established, that there must be some written evidence of a composition real, (b) That evidence I have here in the written instrument which has been put in; which is sufficient to shew that a composition real was entered into. In addition to that, I have evidence of perception from the time of Hen. VIII. to the present moment. This compels me...
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