Gray and Another v Bond and Another
| Jurisdiction | England & Wales |
| Judgment Date | 28 May 1821 |
| Date | 28 May 1821 |
| Court | Court of Common Pleas |
English Reports Citation: 129 E.R. 1123
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 5 Moore, 527. Dictum adopted, Dalton v. Angus, 1881, 6 App. Cas. 773.
[667] gray and another v. bond and another. May 28, 1821. [S. C. 5 Moore, 527. Dictum adopted, Dalton v. Angus, 1881, 6 App. Gas. 773.] Where the lessees of a fishery had publickly landed their nets on the shore at A. for more than 20 years, and had, at various times, dressed and improved the landing place (both the fishery and the landing place having originally belonged to one person, but no evidence being offered to shew that he, or those who under him owned the shore at A., knew of the landing nets by the lessees of the fishery): Held, tbat it was properly left to the jury to presume a grant of the right of landing to the lessees of the fishery, by some former owner of the shore at A. This was an action on the case, for disturbing the Plaintiffs in the enjoyment of their right of drawing nets to land, on the banks of the river Derwent, wherein they had a fishery. The Defendants pleaded the general issue, and at the trial before Bayley J., at the York Spring assizes, 1820, a verdict was found for the Plaintiffs, subject to the opinion of the Court, upon the following case. The river Derwent is a public navigable river in the county of York, the tide whereof flows to a point higher up the river than the place mentioned in the Declaration called the Crabtree Fellings. This river forms the boundary of the manor of Elvington, which extends to the line of the stream, and the lord of that manor, from time immemorial, hath been seised of a fishery in the river on the Elvington side of the river, to the line of the stream thereof, and extending throughout the length of the manor which he claims, as appurtenant to the manor. Before, and at the time of the execution of the lease and release hereinafter mentioned, Richard Sterne was seised in his demesne as of fee of the manor of Elvington, and of the lands conveyed by the deed, as well as other lands within the manor, and adjacent to the river Derwent, and being so seised, by indenture of lease and release, dated the 3d and 4th October, 1774, he conveyed to Ralph and John Dodsworth (among other things) the close of laud upon which the felling called the Crabtree felling is situated. The Plaintiffs are possessed for a term of years of the legal estate of and in the manor and fishery ; and, at the time of...
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