Abbot v Weekly, at Oxford
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | Court of the King's Bench |
English Reports Citation: 83 E.R. 357
COURT OF KING'S BENCH
Followed, Hall v. Nottingham, 1875, 1 Ex. D. 3. Referred to, Mercer v. Denne [1904], 2 Ch. 552; [1905], 2 Ch. 538.
1 LEV. 177. HILL. 17 AND 18 CAR. II. IN B. R. 357 abbot against weekly, at oxford. [Followed, Hall v. Nottingham, 1875, 1 Ex. D. 3. Referred to, Mercer v. Denne [1904], 2 Ch. 552; [1905], 2 Ch. 538.] Prescription for inhabitants to dance in another's ground at all times of the year. Trespass for breaking his close : the defendant prescribes, that all the inhabitants of the vill, time out of memory, &c. had used to dance there at all times of the year at their free will, for their recreation, and so justifies to dance there: issue was on the prescription, and a verdict for the defendant, and to save his costs the plaintiff moved in arrest of judgment, that this prescription to dance in the freehold of another, and spoil his grass, was void, especially as it is laid, viz. at all times of the year, and not at seasonable times; and that 'twas also ill [177] laid in the inhabitants, who although they may prescribe in easements, as 6 Co. Gateward's case, and some other books are, yet they ought to be easements of necessity, as ways to a church, &c. and not for pleasure only, as thia case is. Secondly, If it be good, it ought to have been laid by...
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New Windsor Corporation v Mellor
...there at their free will. The Court held that "this is a good custom, for it is necessary for inhabitants to have their recreation", see Abbot v. Weekly (1666) 1 Levinz 176. But when a piece of land was arable land, and horsemen rode over it when corn was growing there, the owner was held t......
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Oxfordshire County Council v Oxford City Council
...the immemorial existence of the right…" 25 32 The 19 th Century textbooks refer to two old cases as directly relevant to village greens: Abbot v Weekly (1666) 26, and Fitch v Rawling (1795) 27. In neither does the report contain any mention of a "village green" as such. Both were unsuccessf......
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Oxfordshire County Council v Oxford City Council
...it was impossible for such a custom to have existed in 1189. 5 The early cases do not use the term "village green". In Abbot v Weekly (1666) 1 Lev 176 a custom that "the inhabitants of the vill, time out of memory, & had used to dance there at all times of the year at their free will, for t......
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Table of Cases
...v Frolan Health Care Ltd [2001] EWCA Civ 1821, [2002] L & TR 16, (2001) 45 EG 138, [2001] All ER (D) 305 (Oct) 18.3 Abbot v Weekly (1664) 1 Lev 176, 83 ER 357 19.6 Adamson v Paddico (267) Ltd [2012] EWCA Civ 262, [2012] All ER (D) 46 (Mar) 4.2, 19.7 ADM Milling Ltd v Tewkesbury Town Council......
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Village and Hundred
...land on which the owner intends to build, and local opponents of development seek to use the status of green to 12 Abbot v Weekly (1664) 1 Lev 176, 83 ER 357 – dancing on the green; Hall v Nottingham (1875–6) LR 1 Ex D 1 – erecting a maypole. preserve an open space. Because a great deal of ......