R v The Inhabitants of Locherly
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1790 |
| Date | 01 January 1790 |
| Court | Court of the King's Bench |
English Reports Citation: 96 E.R. 789
COURT OF KING'S BENCH
[21] hex vers. the inhabitants of locherly. A settlement cannot be gained by hiring the wick of a dairy, together with the seed of the land. In an order of sessions it was stated ; that the pauper hired of J. S. a cottage, in the parish of Locherly, of the yearly value of twenty-five shillings; the wick of a dairy of sixteen cows, which were to be fed upon certain land of J. S. at the rate of three pounds five shillings each cow; and the liberty of feeding a horse and some pigs on the land whereon the cows were to be fed ; and that the pauper was moreover to have all the short slraw which arose in thrashing wheat, and five loads of hay, if so much should be wanted to feed the cattle with. The question was, whether the pauper gained a settlement in the parish of Locherly 1 It was holden that he did not. And by Wright J. (Lee Ch.J. being absent)-Although the word tenement be a word of very extensive signification, it cannot extend to a personalty, because no. personalty can, with any degree of propriety, be said to lie in tenure. The contract in the present case, as to every thing except the cottage, was for a mere personalty; for although the cows of which the pauper was to have the wick, and the other cattle were to be fed upon land ; yet no interest in the land, and only the mere right of feeding the cattle thereupon, did pass by the...
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