Smith v Earl of Stair and Others
| Jurisdiction | England & Wales |
| Judgment Date | 31 July 1849 |
| Date | 31 July 1849 |
| Court | House of Lords |
English Reports Citation: 9 E.R. 1300
House of Lords
Mews' Dig. v. 79; xii. 657. S.C. 13 Jur. 713; 6 Bell, 487. See Commissioners of Woods and Forests v. Gammell, 1851, 13 Dunlop 854; 3 Macq. 419; Hunter v. Lord Advocate, 1869, 7 Macph. 913; Agnew v. Lord Advocate, 1873, 11 Macph.317, 323; Gilbertson v. Mackenzie, 1878, 5 Rettie, 618; Buchanan and Geils v. Lord Advocate, 1882, 9 Rettie, 1221, 1222, 1225.
Costs - Officers of the Crown.
II H.L.C., 807 SMITH V. STAIR (EARL of) [1849] [807] ALEXANDER SMITH,-Appellant; The EARL OF STAIR and Others, Officers of State in Scotland,-Respondents [July 13 and 31, 1849]. [Mews' Dig. v. 79; xii. 657. S.C. 13 Jur. 713; 6 Bell, 487. See Commissioners of Woods and Forests v. Gammell, 1851, 13 Dunlop 854; 3 Macq. 419 ; Hunter v. .Lord Advocate, 1869, 7 Macph. 913; Agnew v. Lord Advocate, 1873, 11 Macph. 317, 323; GMertson v. Mackenzie, 1878, 5 Rettie, 618; Buchanan and Geils v. Lord Advocate, 1882, 9 Rettie, 1221, 1222, 1225.] Costs-Officers of the Grown. The officers of state in Scotland obtained a, judgment on interdict against an individual who had, by erecting a wall, encroached on the sea shore, the suit being instituted by them solely to protect the public right. The judgment, of the Court below was appealed against, and affirmed, but was affirmed without costs (the case is reported, on other points, in 6 Bell's Appeal Cases (Scotch) p. 487). Lord Abercorn had a grant from the Crown of certain lands adjoining the seashore, in the barony of Duddingston, with limitations as to' the right of granting them out. In the year 1805, he granted to a person, named Stewart, a charter or lease of a certain part of this land, amounting to an eighth of an acre, for the purpose of building a house thereon. In this instrument, one of the limits of this piece of land (the only one material to be considered), was thus described: " bounded by the sea^ shore to the north." The sea-shore was described in the allegations of fact as consisting of an extensive stretch of open sands, which the sea covered at spring tides. That part which was covered by the ordinary tides, was firm and solid, that which was only covered when there were spring tides, consisted of a deep loose sand. All these sands the inhabitants of the neighbouring town of Pbrtobelk , and of the surrounding country, had been accustomed to use for all purposes of pleasure...
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Re Madden's Estate
...492. Secretary for War v. BoothIR [1901] 2 I. R. 692. Secretary of State for War v. BoothIR [1901] 2 I. R. 692. Smith v. Earl of Stair 2 H. L. Cas. 807. Vernon's EstateIR [1901] 1 I. R. 1. Wicklow and Wexford Railway; Ex parte JordanUNK 31 L. R. Ir. 1. Wood's Estate, Wood's CaseELR 31 Ch. D......
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