Rogers v Taylor
| Jurisdiction | England & Wales |
| Judgment Date | 26 January 1858 |
| Date | 26 January 1858 |
| Court | Exchequer |
English Reports Citation: 156 E.R. 1385
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 26 L. J. Ex. 203 See further, 1858, 2 H. & N. 828
[706] KoGEEh f. taylor. Jan. 26, 1807 -A declaration stated that certain lands were in the occupation of a tenant of the plaintrtt, the reversion belonging to him, and that the defendant wrongfully dug out of the lands large quantities of stone, sand, and sorl, and earned away the same, and made large holes, excavations, and cuttings in and through parts of the lands, and erected large mounds and banks of earth and rubbish in and upon other parts of the lands, so as thereby permanently to alter, damage, injure and spoil the surface of the lands. Plea, that before any of the times when, &c., K. was and still is seised in tee of all the mines and quarries of stone under the eaith or upon the earth, wrthin certain parts of the lordship of B., arrd that pl. and all those whose estate he had and has of and in the said mines and quart les within the said parts of the said lordship, from time whereof the memory of man is not to the contrary, have been used and accustomed of right, and atill of right aie used and accustomed, as often as it might be necessary for the purpose of effectually getting, winning, 01 working the said mines or quaines, within the said parts of the said lordship, to enter into and upon any lands within the said paits, within or under which the said mines or quarries were situate, such lands being or having been part of the waste of the lordship, and to dig, excavate, and cut into and through the same lands unto the stone of the said mines and quarries, and out of the holes and excavations so made to raise, dig and get the stones of the said mines and quarries and cany away the same, doing no more than necessary for the purpose aforesaid. -The plea then stated that Pt. demised a quairy of stone, situate within and under the lands of the plaintiff in the declaration mentioned, being parcel of the said mines and quarries of stone within the s aid parts or thy said loidship, to the Ex. Div. xii.- 44* 1386 ROGERS V. TAYLOR 1 H & N. 707. defendant fiom year to year, and the plea then justified the acts complained of in the exercise of the above mentioned right. There were two other pleas under the Prescription Act, 2 & 3 Win -4, c 71, alleging an enjoyment of the right by the defendant as occupier of the quarry for the respective periods of forty and twenty years On demuricr,-Held, that the pleas were good, for the right claimed was not unreasonable and might have originated in grant. [S. C. 26 L. J. Ex. 203 See fmther, 1858, 2 H. & N. 828 ] The declaration stated that before and at the time of the committing of the grievances, &c., certain lauds, situate at Coed Poeth, in the county of Denbigh, were in the occupation of one R. Rogers, as tenant thereof to the plamtift, the reversion of and in the same then and still belonging to the plaintiff, and the defendant wrongfully, and without the licence of the plaintiff, dug and excavated from and out of the said lands divers large quantities of stone, sand and sorl of the said lands, and carried away the same, and converted and disposed thereof to his own use, and made divers large holes, excavations and cuttings, in and through paits of the said lands, and erected large mounds and banks of earth and rubbish in and upon other patU of the &aid lands, so as thereby permanently to alter, damage, injure and spoil the surface of the sard lands, whereby the plaintiff has been and is greatly injured in his reversionary estate, &e Fourth plea As to the digging and excavating from and out of the sard lands the said stones, sand and soil, and [707] carrying away the same, and as to the converting and disposing of the said btone to the defendant's own use; and as to the making the said holes, excavations, &c, and erecting the said mounds, &c , the defendant says, that before any of the trrnes when, &c , Richard, Marquis of Westminster, was, and thence hitherto hath been, and still is, seised in his demesne as of lee, of and in all the mines and quarries of stone under the earth, or upon the earth, within certain parts of the lordship of Bromh'eld and Yale, in the county of Denbigh, with their appurtenances , and that the baid Marquis, and all those whose estate he had and has, of and in the said mines and quarries within the said paits of the said lordship, and his and then tenants and farmers, occupiers of the said mines and quaines, &c., fiom time whereof the memory of man is not to the contrary, have been used and accustomed of right, and still of right aie used and accustomed, as often as re mrght be necessary for the purpose of effectually getting, winning or working the said mines or quarries, or any of them, within the said parts of the said lordship, to enter into and upon any lands within the said paits, within or under which the said mines or quarries were respectively situated, such lands being or having been pait of the waste of the said lordship, and to dig, excavate and cut into and thtough the bame lands, unto the stoiie of the said mines and quart les, and out of the holes or excavations ^o made, to raise, dig, and get the stones of the said mines and quarries, and to seize, take and carry away the same, and convert the same to their own use, doing no more than necessary for the purpose aforesard And the defendant says, that the said Marquis being so seized, before any of the said times when, &c., demised a, certain quarry of stone, situate within and under the said lands of the plamtitt, in the declaration mentioned, berog parcel of the said mines and quariies of btone within [708] the said parts of the sard lordship, to the defendant; to have and to hold the same to the defendant for one year thence next ensuing, and so on from year to year so long as the defendant and the said Marquis should respectively please . by \irtue whereof the defendant then, and before any of the said times, when, &c., entered into and upon the said quarry of stone with the appurtenances so demised, and became and was thereof possessed for the said term, and so continued until, at, and aftei the said times when, &c. And the defendant says, that the demised quarry, being situate within and under the said lands in the declaration mentioned, and the &aid lands berng within the said parts of the said lordship, and having been part of the waste theieof, it became and was necessary, before and at the times, when, &c, for the purpose of effectually getting, working and winning the said demised quarry, to enter into and upon the said lands, and to dig, excavate and cut into arrd through the same unto the stone of the said quarry, and to take out and carry away the stone of the said quairy through the holes, excavations and cuttings, so dug and made as hereinafter mentioned: wherefore the defendant, at the times, when, &c, because the said demised quarry could not be otherwise effectually worked, did enter into and upon the said lands for the purpose last aforesaid, and did then and there for that purpose 1 H & N 109 ROGERS l\ TAYLOR 1387 dig, excavate and cut the said holes, excavations and cutting in and through the said lands unto the stono of the said quarry, and out of the same quarry dug, excavated, took and earned away the said stones in the declaration mentioned, being part of the stoiies of the said quarry so demised to the defendant, and earned away the same, and converted the same to his own use, and in so doing necessarily and unavoidably dug out of the said lands the said sand and soil of the said lands, and therewith aud thereby [709] made the same mounds and banks of earth and tubbibh upon the paits of the said lands as in the declaration mentioned, and there left the same for the use of the plaintiff ; doing no more than necessary for the...
To continue reading
Request your trial