Manwood, Justice, against Myme
| Jurisdiction | England & Wales |
| Year | 1794 |
| Date | 1794 |
| Court | Court of the King's Bench |
English Reports Citation: 73 E.R. 751
King's Bench Division
manwood, justice, against myme. Mich. 14. 15. El. rot. 2142. Waste, for ten oaks, plea, " that defendant cut down three to make posts, which he did make and placed in the ground to dii'id/: separalia clausa there," but did not allege the number of closes, or that they had used to be divided, or that all the three were expended ; and as to the residue " that they were dry, hallow, and rotten at the tops not being sufficient timber for building," holden not sufficient justification. (26) Waste was assigned in ten oaks, in eighty acres of land, [Mo. hoi. \s c sparsim crescentes; the defendant, as to three, justified the cutting RBrLrtL 2l7-/ them clown, and made six posts, and fixed them in the said tenements to divide, the separate closes there &c. without expressing the number of the closes, but only in three fields &a. and without alleging a prescription of old times for such kind of inclosure, and without alleging that the three [332 b] trees were all employed in the six posts; and also he did not allege in fact that they were employed, ^'. " that the closes were separated;" and posts only fixed in the earth do not make a separation of an inclosure, wherefore &c. And as to the residue, he said that they were dry, hollow, and rotten at the tops, Demi, fo. 42. i inat, 54 not being sufficient timber for building &c. and did not say according ' ò D '-:i7 pu 41-to the precedents and entries s. that they were dead, not bearing fruit or foliage in summer &c. wherefore &c. And the opinion of *f. B. i~. Mounson, Harper, and Dyer, was for the three trees for the plaintiff, "' because it ia not a sufficient justification for the causes aforesaid. Also there was another fault in the plea; for he said, that the occupiers of the land aforesaid have been used to come in and go out per pastes prce-didas, and this is impossible ; but it ought to be inter posies prcedictas &c. And for the seven trees, Mounson and Harper thought the plea insufficient for the cause aforesaid ; but Dyer thought that it amounted to as much as the precedents and go. Lit. 53 a. entries before, because the three adjectives x. dry, hollow, ami rotten at the tops, prove as much. But not be.ing sufficient timber for buildings is not good form, for it may serve for other uses, as to make posts as above, altho' not sufficient for buildings &c. (a) By 30. Gr. 3. c. 48. the punishment of burning women is...
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