Christian Sophia Simpson, Administratrix of William Simpson, Deceased, v Arthur Hyde Dendy
| Jurisdiction | England & Wales |
| Judgment Date | 23 April 1860 |
| Date | 23 April 1860 |
| Court | Court of Common Pleas |
English Reports Citation: 141 E.R. 1233
IN THE COURT OF COMMON PLEAS AND THE EXCHEQUER CHAMBER
S. C. 6 Jur. N. S. 1197. Referred to, Central London Railway v. City of London Land Tax Commissioners, [1911] 2 Ch. 480.
[433] christian sophia simphon, Administratrix of William Simpson, Deceased, v. arthur hyde dendy. April 23rd, 1860. [S. C. 6 Jur. N. S. 1197. Referred to, Central London Railway v. City of London Land Tax Cmnmissianers, [1911] 2 Ch. 480.] A conveyance by the lord of part of the demesne of the manor described the land as " All that piece or1 parcel of meadow ground commonly called or known by the name or description of Chamberlain's Field, containing by estimation 3a. 3r. 35p., be the same more or less, and abutting towards the west on Hall Lane." The deed also contained the following general words,-"Together with all ways, &e., and appurtenances to the said messuage, &c., lands, &c., belonging, or therewith used, possessed, occupied or enjoyed, or accepted, reputed, taken, or known as part, parcel, or member thereof, or as appurtenant or belonging thereto."-Upon a special case, in which it was provided that the court should be at liberty to draw inferences as a jury, it appeared that the grantee of Chamberlain's Field and those claiming under him had for sixty year's used a small strip of land lying between the field and Hall Lane as a place of deposit for manure, that about the year 1841, the present owner cut and converted to his own use a tree which grew thereon, and that in 1843 he inclosed the strip. On the other hand there was evidence that the lord of the manor had both before and since the date of the conveyance exercised various acts of ownership,-by making grants thereof, and giving to the owners of the adjoining lands licences to inclose,-over other similar strips of land by the road-side, iti other parts of the manor, the nearest of which was about three quarters of a mile distant from the spot in question :-Held, that the conveyance of Chamberlain's Field was sufficient to pass to the grantee the slip of land beyond the fence, and the soil to the centre of Hall Lane adjoining:-Held also, that, assuming the language of the deed ta be doubtful or ambiguous, the evidence of user by the grantee and those claiming under him was sufficient to outweigh the presumption in favor of the lord 1234 SIMPSON V. DENDY 8 C. B. (N. 8.)434. arising from the acts of ownership by him on other parts of the waste of the manor similarly situated. This was an action of trespass for breaking and entering the plaintiff's close, in the parish of Hendon, in the county of Middlesex, known as Chamberlain's Field, otherwise Fourteen Acre Field, and removing certain posts thereon. The defendant pleaded that the close was his close, soil, arid freehold, and justified the removing the posts as incumbering the same ; upon which issue was joined. The case was originally tried before Jervis, C. J., at the sittings at Westminster after Michaelmas Term, 1855, when a special verdict was found. The special verdict came on to be argued before the Exchequer Chamber in Trinity Vacation, 1H56, when that court held, that, upon a question whether a piece of waste land lying between a highway and the plaintiff's inclosed land, belonged to the plaintiff or to the lord of the manor, grants by the lord of other slips of waste land on either side of the same road, abutting on inclosed lands of the lord himself and of other persons, [434] were admissible for the purpose of shewing that the locus in quo was part of the waste of the manor, without shewing continuity. The Lord Chief Justice having upon that occasion registered the evidence, the court awarded a, venire de novo : see Dendy v. Sinymon, 18 C. B. 831. The cause came on for trial at the sittings in Middlesex after Michaelmas Term, 1856, before Cockburn, C. J., and a special jury, when a verdict was found for the plaintiff, by consent for 40s., with all usual certificates, subject to the opinion of the court upon the following case :- The plaintiff was tenant to General Dalnier under the lease hereinafter set forth, of a freehold farm called the Sunning Hill Farm, situate in the parish and manor of Hendou, in the county of Middlesex, lying on the right-hand side going from Church End to Page Street of a lane called Hall Lane, loading from Church End, in the said parish and manor, to Page Street, also in the same parish and manor. The piece of land mentioned in the declaration is a triangular piece of laud, which, until its inclosure by the plaintiff as hereinafter mentioned, lay opan and utiinclosed, along the side of Hall Lane, on the right-hand side of the gravelled carriage-way, and between the said carriage-way and the fence of Chamberlain's Field hereinafter mentioned, and was and is situate within the manor of Hendon. In the 27tb year of the reign of George II., the manor of Hendon, and the invpro-priate rectory of Hendon, and the advowson of the Vicarage of the parish church of Hendon, and divers messuages, farms, lands, tenements, aud tithes situate and arising within the manor and parish of Hendon, including Sunning Hill Farm, and certain property hereinafter mentioned to have been conveyed to one Henry Flitcroft, and also cer-[435]-tain property hereinafter mentioned as Lot. No. 11, were by an act of parliament passed in that year (o. xix.), intituled " An act for vesting the manor of Hendon, settled on the marriage of the Earl and Countess of Powis on them and their issue, in trustees, to be sold towards discharging the debts and incumbrances of William late Marquis of Powis, and for settling the barony and lordship of Powis, in the county of Montgomery, in lieu thereof, to the same uses; and for other purposes," vested in Edward Herbert and Brooke Forrester, their heirs and assigns, on certain trusts for sale. In October, 1756, Herbert and Forrester, in pursuance of the said act of parliament, caused the manor and the demesne lands thereof, and also the said tithes and advowson, to be put up to sale by auction under certain particulars of sale. The first catalogue is a catalogue of " All the demeane lands of the Duke of Powis, deceased, situated in the parish and within the manor of Hendon, containing, according to a. survey lately made by Mr. J. Crow, 1226a. 2r. 23p.," which it states, by order of the trustees of the Duke's will, and also by virtue of an act of parliament, will lie sold by auction by Mr. Langford, at his house, in the Great Piazza, Covent Garden, on the 19th and 20th October, 1756, divided into 18 lots. The title-page states (inter alia) that " printed catalogues, with plans of each lot, may be had of Mr. Messeder, at North End, and at Mr. Langford's, in the Great Piazza aforesaid ;" and it is announced in a foot-note, that " the lordship of the valuable and extensive manor of Hendon, with all its fines, qnii renti, privileges, and rights of advowson to the church of Hendon, and also all the great tithes of the said manor, will be suld at Mr. Langford's on the Thursday and Friday following." C. B. (IT. S.)436. SIMPSON V. DENDY 1235 [436] Lot 9 in the said catalogue is the òSunning Hill Farm, and was as follows : - Numbers refiTrin^ to plan. NT;imes of the lands. Quality of the. kinds. Quantity of the [anils. Yearly value. a. r. I1- £ s. d. John Cole and Daniel Kemp, tenants 1 at will. i john (JoM. 42 The farm at Oliuvch End, the house part lirick ami part lath and plaster, ' tiled, in good repair. A shed adjoining with two good barns, one of 4 boarded the other of 7 hoarded, and tiled, and a yard 0 1 16 40 Nearer Sunning Hill .... Meadow 8 0 35 47 Middle ditto Meadow fi 3 32 48 Further ditto Meadow 11 1 3L 49 Chamberlain's Field .... Meadow 3 3 35 50 Nearer 01- First Newarks . Meadow 6 0 12 51 Second ditto ..... ( Arable and \ Meadow 3 fi 0 3 17 25 j 94 7 _ 1 / 52 Third ditto Arable 6 1 1 53 Further ditto Arable 5 1 2 S4 Little Downage Wood Arable 5 2 8 danikl kemp. 8 Bam Field Meadow 9 3 17 9 The barn and yard in ditto Meadow 0 1 12 10 The eight acres by Bum Field meadow Meadow 8 0 36 Acres 80 3 11 Of this lot there are of meadow 00 2 23 ää arable . 20 0 28 80 3 11 To he put up at the sum of 23001. In the hedge-row of this lot are 170 trees of oak and '25 of elm timber, valued at 591. [437] Lot 10 was as follows :- Numbers rfiferrir\i to plan. Names of the lands. Quality of the lands. Quantity of the lands. Yearly rents. a. r. p. £ a. d. John Nicoll, of Page Street, tenant on lease for 7, 14, or 21 years from i Michaelmas, 1743, to a parcel of land adjoining Hall Lane. 76 The Corner Mead .... Meadow 3 1 6 77 The Long Slip do. . ! 2 1 20 ; 78 St. Foin Field, formerly in three do. a 2 11 79 Lady Field, formerly in two do. 11 2 25 80 Broad Mead do. 16 2 4 81 The Four Acres do. 4 y 14 ; 82 Nearer Lay Field .... do. 6 1 13 83 Further Lay Field .... do. 7 0 13 60 1 26 To be put up at the sum of 15501. The timber in the hedge-rows of this lot, consisting of 170 oaks and 38 elms, is esteemed worth 601. 1236 SIMPSON V. BENDY 8 C. B. (N. 8.) 438. Lott 1L was as follows :- Nmnbers referral!? to plan. Names of the lands. Quality of ths lands. Quantity of the lands. Yearly value. a. r. P- £ a. d. Daniel Kemp, tenant at will to a parcel of hind adjoining to Hall Lane. 13 Little Breach ..... Meadow . ; 3 o 32 15 Great Breach rMeaclow and 12 \ Arable . 5 I 1 27 a 16 Bed Barn Field, in which is a barn, five tay hoarded, and tiled, in very good repair ..... Meadow 10 3 37 C3 7 3 17 The Eight Acres bv Red Barn Field . Meadow 8 1 23 18 The Quaker's Ten Acres . ( Meadow and \ Arable 7 2 3 3 4 0 21 Deer Acre ( Meadow and \ Arable 8 1 2 34 2 0 Acres .161 3 5 Meadow in this lot . 52 0 '' 37 Arable 9 2 ; o Together 61 3 D To be put up at the sum of 17001. There are 65 trees of oak timber in this lot, valued at 191. [438] The second catalogue is a catalogue of the great...
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