Pope v Farthing
| Jurisdiction | England & Wales |
| Judgment Date | 24 February 1831 |
| Date | 24 February 1831 |
| Court | Exchequer |
English Reports Citation: 159 E.R. 990
IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER
POPE v. farthing. Jan. 26th, 27th, 28th, Feb. llth, 12th, 24th, 1831 -In a suit for tithe of hay, the occupier pleaded a modus of 3d an acre, at Easter, for and in lieu and satisfaction of the tithe of hay on ancient meadows, and went on to state that such modus of 3d an acre, in lieu of tithe of hay, was meant and intended to cover, and in fact covered, tithe of agistment of all cattle depastured on the ancient meadows thereafter until Candlemas in each year, but if the ancient meadow lands were depastured after Candlemas, and before they were laid up to be mown, then tithe in kind of agiatment became payable to the vicar. The evidence went to establish the modus of 2d an acre for tithe of hay of ancient meadows, but not the agistment Held, that, as tithe of agistment waa not claimed in this cause, the variation in the modus as proved, and as laid in the answer was not fatal to the defence, but that it might be treated as if the modus proved had been pleaded as a modus for tithe of hay only Bill by the vicar of Nether Stowey, in the county of Somerset, against an occupier of lands witbin the vicarage and parish, for an account of the tithe of hay, and satisfaction for the same The defendant by his answer set up a modus of 2d. an acre at Easter, in each year, for or in lieu and full satisfac-[264]-tion of the tithe of hay growing, renewing, arising, 01 increasing^ in and upon all ancient meadow land within the said vicarage or parish, and the titheable places thereof; and which modus the defendant had been informed and believed was meant and intended to cover, and in fact covered, the tithe of agistment of cattle depastured in the said ancient meadow lands until Candlemas in each year; but, if the said ancient meadow lands were depastured by cattle after Candlemas and before the said ancient meadow lands were laid up to be mown, then tithe-in kind of agistment was payable by the several occupiers of the ancient meadow lands within the vicarage and parish to the vicar of the parish for the time being. (J) 3 Wood, 147. Mr. Boteler observed that, on examining the decree book, this case appeared to be misstated in Mr. Wood's collection of tithe decrees YOF.263. POPE V. FARTBING 991 A great deal of evidence was entered into on both sides, which it is unnecessary to detail further than to state that it went to establish the modus of "2d. an acre for...
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