Cocker v Cowper
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1834 |
| Date | 01 January 1834 |
| Court | Exchequer |
English Reports Citation: 149 E.R. 1143
EXCH. OF PLEAS.
S. C. 5 Tyr. 103. Applied, Aldin v. Latiner, [1894] 2 Ch. 448.
[418] cocker v. cowper. Exch. of Pleas. 1834.-A verbal licence is not sufficient to confer an easement of having a drain in the land of another to convey water; and such licence may be revoked, though it has been acted upon. -In 1815, A. cut a drain in the land of 13., to a spring, the water from which he appropriated as it ran through his own land. In 183,'i, B. stopped the drain : -Held, that B. was entitled so to do, no right having been acquired by user or length of possession. [S. C. o Tyr. 103. Applied, Aklin v. Latimn; [1894] 2 Ch. 448.] This was an action on the case. The declaration stated, that the plaintiff was possessed of a brewery and premises, and that by reason thereof he was entitled to the benefit of certain water arising or flowing in or from a certain well or spring of water, in a certain close of the defendant, and which water ought to have run and flowed along a certain drain to the plaintiff's brewery, but that the defendant prevented the plaintiff from using the same. Plea not guilty. The cause came on to be tried at the last Assizes, for the county of Lancaster, before (jurney, B., when a verdict for the plaintiff was taken by consent, subject to the opinion of this Court upon a case to be stated by Kobert Brandt, Esq. barrister at law. Mr. Brandt, accordingly, stated the following case:-"I do award and find, that, from the year 1799, up to and beyond the year 1815, the public-house, brewhouse, and premises, now held by the plaintiff, and mentioned in the declaration, were occupied by one 1'aul Cowper, under a lease thereof for 999 years, granted to him in 1799, by the then owner in fee, one John Cowper, the brother of the said Paul Cowper, and that the well of the .plaintiff', also mentioned in the declaration, vvas marie by the said Paul Cowper, long 'before the year 1815, and was originally supplied with water, conveyed from an underground spring by a covered drain, through the adjoining close of one John Dunkerley; and that, in the year 1815, the said John Uunkerley prevented the water from running any longer from his said close to the said well, in consequence whereof tbe said Paul Cowper, in order to obtain another supply of water from his :said well, In the same year made a drain, and cut a deep funnel into and through a close (in the declaration mentioned as the close of the...
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