Drewell against Towler
| Jurisdiction | England & Wales |
| Judgment Date | 04 June 1832 |
| Date | 04 June 1832 |
| Court | Court of the King's Bench |
English Reports Citation: 110 E.R. 268
IN THE COURT OF KING'S BENCH
S. C. 1 L. J. K. B. 228.
[735] drewell against towler. Monday, June 4th, 1832. In trespass for cutting lines of the plaintiff and throwing down linen thereon hanging; defendant pleaded, that he was possessed of a close, and because the linen was wrongfully in and upon the close he removed it. Replication, that J. G. being seised in fee of the close and of a messuage with the appurtenances contiguous to it, by lease and release conveyed to W. H., the messuage and all the easements, liberties, privileges, &c. to the said messuage belonging, or therewith then or late used, &c.; that before and at the time of such conveyance, the tenants and occupiers-of the messuage used the easement, &c. of fastening ropes to the said messuage, and across the close, to a wall in the said close, in order to hang linen thereon, and of hanging linen thereon to dry, as often as they had occasion so to do, at their free will and pleasure, and that the plaintiff, being tenant to W. H. of the said messuage, did put up the lines, &c. Rejoinder took issue on the right a& alleged in the replication: Held, that proof of a privilege for the tenants to hang ; . . (a) See stat 15 Car. 2, c. 7, s. 17. 3 B. & AD. 736. DEEWBLL V. TOWLER 269 lines across the yard, for the purpose of drying the linen of their own families only, did not support the alleged right. [S. C. 1 L. J. K. B. 228.] Trespass for cutting and throwing down lines, ropes, and cords, oi the plaintiff, and throwing down linen and clothes thereon hanging, whereby the linen and clothes were soiled and damaged. Plea, that the defendant was possessed of a close, or yard, called the yard, to wit, at, &c.; and because the goods and chattels, in the declaration mentioned before and at the said time, when, &c., were wrongfully in and upon, and encumbering the said close, he removed the same, &c. Replication, that one J. G., being seised in fee, as well of and in the said close as of and in a certain messuage, with the appurtenances contiguous, and next adjoining to, the said close, in March 1809, by lease and release, conveyed and released to W. Hay ton the said messuage, and also all and every the easements, liberties, privileges, ways, paths, passages, rights, members, and appurtenances whatsoever, to the said messuage belonging, or therewith then or late used, occupied or enjoyed; and that before, and at the time of making the said lease...
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