Richardson and Another against Capes
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1824 |
| Date | 01 January 1824 |
| Court | Court of the King's Bench |
English Reports Citation: 107 E.R. 594
IN THE COURT OF KING'S BENCH.
S. C. 4 D. & R. 512; 2. L. J. K. B. O. S. 182.
eichakdson AND another against capes. 1824. Where the lord of a manor had two mills, and the tenants and resiants were, by custom, bound to grind all their malt, which they used in their dwellings, at the said mills, but might take it to either at their own option : Held, that the lord, having pulled down one of the mills, had thereby suspended the custom. [S. C. 4 D. & E. 512 ; 2 L. J. K. B. 0. S. 182.] This was an action upon the case, brought pursuant to an order made by the Vice-Chancellor. 2 B. Ss C. 842. RICHARDSON V. CAPES 595 The declaration in one count stated the plaintiffs' possession of a mill, with the appurtenances within the manor or lordship and town of Selby, and that by reason thereof they were entitled to the toll of all the malt ground in their said mill; and that all the tenants, resiants, inhabitants, and. dwellers of and within the said manor of Selby, during all the time of said plaintiffs' possession of the said mill, with the appurtenants, ought to have ground, and still of right ought to grind at the said mill, all the malt which, after the grinding thereof [842] had been, or should be, expended or consumed in a ground state, in their several messuages or dwelling-houses, situate within the manor, &c. of Selby, and to have paid and yielded, and to pay and yield to the said plaintiffs for the grinding thereof certain ancient and customary tolls. To this declaration the defendant pleaded not guilty. At the trial before Bailey J., at the York Lent Assizes, in 1820, the jury found a verdict for the plaintiffs, with Is. damages, subject to the opinion of this Court on the following case. The plaintiffs, at the time of committing the grievances alleged in the declaration, were in possession of the mill hereinafter particularly described, as the lessees thereof, under the lord of the manor of Selby. Before the alterations hereinafter mentioned, there were two ancient water corn-mills, called Selby Mills, and one ancient horse-mill, belonging to the lord of the manor of Selby, and situate within" the manor or lordship and town of Selby. Between fifty and sixty years since the two water-mills were pulled down, and one water corn-mill was erected instead thereof upon their scite, having a wind corn-mill over the same. About the year 1806 the streams of water by which the water corn-mill...
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Coryton and Another v Lithebye
...a custom similar to that here alleged existed, had pulled down one of the mills, it was held that he had thereby suspended the custom. 2 B. & C. 841, Ridianlson v. CapesJ\ (1) It is not necessary now, in an action for not grinding at the plaintiffs mill, to allege in the declaration, that t......
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John Doe, on the several demises of Charles Calvert, Esquire, Thomas Stanley, Samuel Miall, and Anne Chapman, against John Reid
...v. Arthur the mill had been removed to another place, I apprehend the covenant would not have applied ; and in Richardson v. Capes (2 B. & C. 841), where the tenants and resiants within a manor were bound by custom to grind their malt at one or other of two mills, and the lord removed one, ......