The Dean and Chapter of Ely v Cash
| Jurisdiction | England & Wales |
| Judgment Date | 12 June 1846 |
| Date | 12 June 1846 |
| Court | Exchequer |
English Reports Citation: 153 E.R. 997
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 15 L. J. Ex. 341. Referred to, Esdaile v. Payne, 1884, 32 W. R. 286.
the dean and chapter of ely v. cash. June 12, 1846.-The Limitation Act, 3 & 4 Will. 4, c. 27, s. 2, enacts, that no person shall bring an action to recover any land (which, by s. 1, includes tithes) but within twenty years next after the right to bring such action has accrued to him, or some person through whom he claims :-Held, that this statute does not operate to prevent the tithe-owner from recovering tithes as chattels from the occupier, although none had been set out for twenty years; but that it is confined to cases where there are two parties, each claiming an adverse estate in the tithes. [S. C. 15 I,. J. Ex. 341. deferred to, Exdailn v. Payne, 1884, 32 W. K. 286.] The following case was sent by the Lord Chancellor for the opinion of this Court. King Henry the Eighth, by letters patent, dated &c., granted to the Dean and Chapter of Ely, and their successors, the manor, rectory, and parsonage of Lakenheath, in the county of Suffolk, and all tithes, oblations, &c., there-[618]-unto belonging; by virtue whereof the said Dean and Chapter have ever since been, and still are, seised in fee of the said rectory, &c. Within the parish of Lakenheath there is a large tract of land, called Lakenheath Fen, which was formerly uninclosed and common. In the reign of Charles the First, an act of Parliament was passed, under which Lakenheath Fen was partially drained, inclosed, and allotted. In the 8 Geo. 3, an act of Parliament was passed for draining lands in Lakenheath, under which the drainage of Lakenheath Fen was improved, by means whereof the fen, which had previously titheable things of very inconsiderable value, was brought into a state of cultivation, and about Kfty years ago produced titheable matters of considerable value, the tithes of which were rectorial tithes. The defendant, from December 1837, to June 1841, occupied land in Lakenheath Fen, and yearly took therefrom titheable produce, the tithes whereof were rectorial and pnedial, without setting out or paying the tithes of the said titheable matters. In January, 1840, the Dean and Chapter instituted a suit in Chancery against the defendant, to recover the value of the said tithes. The right arid title of the Dean and Chapter of Ely to the tithes of Lakenheath Fen did not first accrue to them within twenty years next before the said suit; the said Dean and Chapter were not in possession or receipt of the profits of such tithes at uny time within twenty years next...
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