Stephenson, Gent. v Hill
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1762 |
| Date | 01 January 1762 |
| Court | Court of the King's Bench |
English Reports Citation: 97 E.R. 828
IN THE COURT OF KING'S BENCH
See Fortesc. Rep. 44.
828 STEPHEN8ON V. HILL 3 BBBB. 1274. stephenson, Gent, versus hill. 1762. Customary tenant's prescribing in non decimando. [See Fortesc. Rep. 44.] This was an action brought upon the statute of 2 E. 6, c. 13, for the payment of tithes of corn and grain.(a) The defendant pleaded the general issue, "nil debet" : and the cause came on to be tried before Mr. Justice Bathurst at Appleby Assizes, 14th August 1760. Upon the trial, it appeared that the lands whereon the corn mentioned in the declaration grew, were and immemorially had been customary lands, parcel of the manor of Morland, in the county of Westmoreland, and holden of the lord thereof for the time being.(6) It also appeared that the said manor of Morland, and the appropriate rectory of St. Michael Appleby, were parcel of the possessions of the priory of Wetherall, in the county of Cumberland, which was one of the larger dissolved monasteries and was vested in the Crown by virtue of the stat. 31 H. 8, c. 13. And that the prior of the said priory at the time of the dissolution was and had been time immemorially seised of the said manor with the appurtenances, in his demesne as of fee, in right of his priory; and also of the appropriate rectory of St. Michael Appleby, and the tithes there. It also appeared that the said manor and appropriate rectory being so vested in the Crown, the same was in due mariner granted to the Dean and Chapter of the Holy and Undivided Trinity of Carlisle, in fee ; and that they are still seised in fee, in right of their church; and that the present defendant was the customary tenant and occupier of the said lands whereon the said corn grew, [1274] during the time in the declaration mentioned; and held the same of the said dean and chapter, as of their said manor of Morland. That the plaintiff is farmer of the corn and grain tithes growing and arising within the territories of Bondgate, within the parish of St. Michael Appleby, aforesaid : and the lands whereon the corn grew, lie in the territories and pariah aforesaid. It appeared that no tithes had ever been yielded or paid for or in respect of the said lands. It also appeared that all the other customary tenants of the said manor paid tithe. It appeared also, that this was the only customary tenant belonging to the said manor, which was within the said parish of St. Michael. Whereupon a verdict was found for the plaintiff, subject to the opinion of the Court of King's Bench upon the following question- " Whether the defendant could, in this case, set up any prescription which would, by virtue of the stat. of 31 H. 8, exempt him from the payment of tithe." Mr. Aspinall (who argued for the...
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