Dendy v Simpson

[831]; in the exchequer chamber. dendy v. simpson. June 13, 1856. .: - - -'- ; ;:; ': : [S. C. 2.Jur. N. S. 642.] Upon a question whether a piece oif waste land, lying between a highway and the : .plaintiff's inclosed Hand, belonged to the plaintiff,! or to the lord of the man or:- Held, that 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, were admissible for the purpose of shewing that the locus in quo was part of the waste of the manor, without shewing continuity. This was an action for breaking and entering a close of the plaintiff (below) situate in the parish of Heiidon, in the, county of Middlesex, and at the time of the alleged trespasses' known as "Chamberlain Field, otherwise Fourteen Acre Field, and pulling down, damaging, prostrating, removing, and converting to his own use, and spoiling, divers posts, rails, &q., of the plaintiff then being upon the said close; whereby the said close was much deteriorated in value, and the plaintiff disturbed in his beneficial enjoyment thereof, &c. Plea, that the said close, at the time of the committing of the said alleged trespasses, was the close, soil, and freehold of the defendant (below), wherefore the defendant entered upon the said close, and removed the said posts, rails, &c., which were then upon the said close, and incumbering the same. The plaintiff (below) joined issue. At the trial, before Jervis, C. .'., at the sittings at Westminster after Michaelmas Term last, it appeared,that the lord of the manor of Hendon, in the county of Middlesex, was entitled to the waste lands within the said manor; and that the said close in which, &c. in the declaration mentioned, was locally within the ambit of the said manor, and was formerly a small strip of land lying between certain freehold land, also within the ambit of the said manor, belonging to General Dalmer, [832] and occupied by the plaintiff as tenant to General Dalmer, and a public highway called Hall Lane, in the said manor of Hendon, leading from a place in the said manor called Church End, to a road in the said manor called Page Street; and that the said close in which, &c. lay alongside the said highway; and that the same close had formerly been uninclosed and lying Open to tbe: said' highway, but that it was inclosed by the plaintiff, then being the tenant of th!e said adjoining land, between seven and ten years before the committing of the alleged trespasses mentioned in the declaration, and had ever since remained so inclosed, and been occupied by the plaintiff with the said adjoining land until and at the time'of the committing of the trespasses by the defendant. The defendant catted as a witness'one Samuel Frederick Dendy, an attorney, who stated he was brother to the defendant, who was a barrister, and lord of the manor of Hendon-i that he :(the: witness) was;the'steward of the said manor, and had been so since the year 1846, during which time-he had held courts and received rents for the defendant as lord of the said manor: that the manor was devised to the defendant by his father, who died in 1846 ; and:that the close in question was within, and within the ambit of, the said manor. The defendant also-gave evidence to prove that his father, who was also an attorney, had as lord of the said manor held courts for the said manor eleven years ago; and that the lord was entitled to the waste lands within the manor. The defendant then called as a witness one John Cooper, who stated that he was bailiff of the manor, and had been so for six years, but that he had known the manor 1600 DEKBY:-. V.-, SIMPSON 18C.:B.833. for thirty years; that he knew a piece-of waste land, an inclosure, at Church End aforesaid, close by the church, in the possession, pi Mr. Thomas Nicoll, [833] of Copt Hall,.and another piece of waste land also ,at Church End .aforesaid, in possession of Mr. Nicoll, a bricklayer; that he also knew the, close .in question ; .that it was half a mile from Copt Hall, along the aforesaid road all the way, and that the fences of the fields were up to the road all along the road until coming to the place in question ; that he also knew a place called Slattens, about two hundred yards from the plaintiffs field, and lying on the right-hand side going from Church End aforesaid to Page Street aforesaid; and that there was a long piece of inclosed land, called the Long Slip, by the road-side, between the road and Slattens, and that Slattens did not abut upon the road; that he also knew a piece of .land atf Church End .floresaid which had been inclosed; and that this was situate within the said manofof "Hendon, and was about a quarter of a mile from the close in question,,and along the side of the same road by which you go to that field. ' ' And thereupon the counsel for the defendant proposed to prove that the said close in which, &c. was parcel of the waste of the said manor, and, for the purpose of doing so, tendered and offered to prove and. give in evidence five of the rolls of the courtleet with view of frankpledge and i general court baron of the lords for the time being of the said manor, held in and for the said manor before the steward for the time being of the said manor, which rolls were as follows.:- .{. -.... \ .' , Admission "Lib. 35, fo. 60. ~\ The court-leet or view...