Fox v Grundie
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1826 |
| Date | 01 January 1826 |
| Court | High Court |
English Reports Citation: 89 E.R. 33
THE COURTS OF KING'S BENCH AND COMMON PLEAS
case 49. Fox v. grundie. S. C. post, c. 52, p. 43. In a plea, justifying an entry to take tithes, defendant needs not shew how he is farmer of the rectory : but if he states a title by deed, he must shew the deed. Trespass (1) for taking away decem caredalas tritici. The defendant pleads that the land in quo was the land of one Adamson, and that it was sowed with corn, and the corn was cut, &c. and the tenth part was severed from the ninth, and that he took ie as servant of J. S. who was farmer of the rectory. The plaintiff demurs, and shews for cause, that this plea amounts but to the general issue, because he had given no colour to the plaintiff, nor left room for a possibility of his title ; being it was shewn for cause in the demurrer (though it be but matter of form yet) he shall take advantage of it: and here the defendant hath nothing to rejoin. Per Wild. -For he cannot say de injuria sim propria, i&c. because the defendant hath pleaded matter of interest in another (a). It was objected that the defendant ought to have (d) See Mag. Chart. 2 Inst. 58. Bac. Abr. Mercht. (A.). 27 Ed. 3, st. 2, e. 17. Beawes, tit. Merchts. 1 Hale H. P. C. 93. (8) 1 Saund. 361. S. C. 2 Mod. 53. 3 Mod. 242. Post, p. 198. (e) See the resolutions in the case of Attorney-General v. Weeden & Shales, Parker Eep. 267. (a) Vide Northcotev. Underhill, 1 Salk. 199. Com. Dig. Covenant, F. Post, c. 187, 609. (1) I.e. Tresp. quare daus. fregit. 10 Co. 88. (a) Herne Plead. 803-4. 8 Co. 67 a. Cro. El. 539, 540. Willes, 99. 1 Bos. & Pul. 80. Atkins v. Hutchinson, post, p. 540. K. B. xviii.-2 34 DE TERM. S. TRIN. 1672 1FREEMAN.43. shewed how he was farmer, and to have shewed the deed. But, per Cur', it is good enough to say he was firmarius (b); but if he had said it was by deed, he ought to have shewed the deed (c). 10 Co. 92. Vide case 52.
English Reports Citation: 89 E.R. 34
THE COURTS OF KING'S BENCH AND COMMON PLEAS
case 52. Fox v. grundie. S. C. ante, c. 49, p. 42. Plea of entry to take tithe needs no colour (Doctr. Pla. 76) although it contain an impertinent allegation of title to the land in a third person. The plaintiff moved for judgment, mes judgment fuit done pur le def ò for per (b) Cro. Jac. 361, 437. Crawly v. Thorn, Trial per Pais, 413, 7th edit. 3 Term Rep. 635. 4 id. 367. But see the precedents in Winch, 1103. Hertie, 803, 819. 9 Wentw. 302, 317...
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