Mercer v Denne

JurisdictionEngland & Wales
Year1904
Date1904
CourtChancery Division
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16 cases
  • John Henry Loose v Lynn Shellfish Ltd and Others (Defendants/Part 20) Michael George Le Strange Meakin (Claimants Part 20 Defendant)
    • United Kingdom
    • Chancery Division
    • 18 April 2013
    ...and therefore becomes subject to the same rights over it, as the land to which it has been added. This was the very issue that arose in Mercer v Denne [1904] 2 Ch 534 and in a similar context inasmuch as it concerned a right acquired by prescription. The right in issue was a custom for fis......
  • Beckett (Alfred F.) Ltd v Lyons
    • United Kingdom
    • Court of Appeal
    • 29 November 1966
    ...his evening fire. 24 It is true that an ancient right, like a custom, alters with the times. This is well illustrated by the case of Mercer v. Denne (1904 2 Chancery 534). In that case the custom alleged was for local fishermen to dry nets on the land of a private owner and it was held good......
  • R v Oxfordshire County Council, ex parte Sunningwell Parish Council
    • United Kingdom
    • House of Lords
    • 24 June 1999
    ...the time of Richard I, although the game itself was unknown at the time and would have been unlawful for some centuries thereafter: see Mercer v. Denne [1904] 2 Ch. 538-539, 553. In Abercromby v. Town Commissioners of Fermoy [1900] 1 I.R. 302 the Irish Court of Appeal upheld a custom for t......
  • Baldwin & Francis Ltd v Patents Appeal Tribunal
    • United Kingdom
    • House of Lords
    • 14 May 1959
    ...qualified to explain it, see section 98 of the Judicature Act, 1925, and this has been done from time to time, see, for instance, Mercer v. Denne [1905] 2 Ch. 538 at p. 544 and Southport Corporation v. Esso Petroleum Co. Ltd. [1953] 3 W.L.R. 773 at p. 774. The one thing that the Court oug......
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2 books & journal articles
  • Custom and Variety
    • United Kingdom
    • Wildy Simmonds & Hill The Law of the Manor - 2nd Edition Part I. Roots
    • 29 August 2012
    ...inheritance customs in different manors. If someone claimed the benefit of a special custom he not only had to prove that the custom 7 [1904] 2 Ch 534, [1905] 2 Ch 538. 46 The Law of the Manor existed and applied to the particular locality in question but also had to bring evidence to show ......
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill The Law of the Manor - 2nd Edition Preliminary Sections
    • 29 August 2012
    ...2009/0953 6.9, 14.7 Melwich v Luter (Luther) (1587) Cro Eliz 102, 78 ER 361, (1588) 4 Co Rep 26b, 76 ER 935 6.2, 8.3 Mercer v Denne [1904] 2 Ch 534, 3 LGR 385, [1904–07] All ER Rep 71, aff’d [1905] 2 Ch 538, 3 LGR 1293, [1904–07] All ER Rep 71, CA 4.2, 4.3 Mercer and Moore, Re (1880) LR 14 ......

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