Gibson v Clark
| Jurisdiction | England & Wales |
| Judgment Date | 19 January 1819 |
| Date | 19 January 1819 |
| Court | High Court of Chancery |
English Reports Citation: 37 E.R. 336
HIGH COURT OF CHANCERY
See Att.-Gen. v. Murdoch, 1857, 1 De G. M. & G. 116.
[159] gibson v. clakk. Nov. 23, Jan. 1'.), 1819. [See Alt.-Gen. v. Murdoch, 1857, 1 De G. M. & G. 11(5.] A grant from the crown of an advowson (excepted in a former grant under general words), will be presumed after a possession evidenced by title deeds for 133 years and three presentations. The vill of B. being part of the parish of B. a recovery is suffered of the tithes of the parish, the, deed making the tenant, conveying the tithes of the vill. The tithes of the vill pass. Whether the nullum tempus act 9 G. 3, c. 16, applies to advowsons ? Qu. In this cause, the Master having made his report in favour of the title, an exception was taken by the purchaser. The fifth objection to the title related to the advowson of Belford, a part of the premises included in the purchase. King Henry the Eighth, by letters patent of the 37th year of his reign, granted to John Foster, Esq., and his.heirs, all the house and scite of his late cell, or of hi.s monastery of Bamburgh with all its rights, members, and appurtenances in the county of Northumberland, to the late monastery of tit. Oswald in the same county, then dissolved, formerly belonging ; and all and all manner of tithes of corn, grain, and hay, yearly growing and renewing upon the lands, &c., in Bamburyh aforesaid ; and also all and all manner of other tithes whatsoever, yearly growing or renewing in Bamhurgh aforesaid, and to the chapel of Belford belonging, and to the same late monastery formerly belonging except always, and to the king and his successors, reserved all and singular the advovvsons, donations, presentations, and rights of patronage whatsoever, to the said cell and premises belonging or appendant. There was also a grant by letters patent of the, 8th James I., of, all those the tithes of sheaf and grain, coining and renewing in the whole town of Belford, which same premises in Belford aforesaid formerly were parcel of the late cell of Bamburgh, and to the late dissolved monastery of St. Oswald in the county of York, [160] did formerly belong and appertain, with a reservation to the crown of all and singular advowsons, donations, free dispositions, and rights of patronage, and of all and singular rectories, churches, vicarages, chapels and all other ecclesiastical benefices, whatsoever to tlie premises or any part thereof, in anywise belonging, appertaining...
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