Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

The Dutchess of Marlborough v Grey Arm'

Maclean & Robinson's Appeal Cases English Reports Cited authorities 4 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date27 November 1728
Date27 November 1728
CourtExchequer

English Reports Citation: 145 E.R. 666

IN THE COURT OF EXCHEQUER

The Dutchess of Marlborough
and
Grey Arm'

334. the dutchess of marlborough v. g-rey arm'. Nov. 27, 1728. Evidence on the general issue in trespass that the locus in quo, &c., is a common highway. Trespass for entering the plaintiff's close, breaking her gates aud locks, &c., the defendant pleads not guilty ; upon trial before Lord Chief Baron Pengelly at the assizes in Berks, he permitted the defendant to give in evidence on the general issue, that the place where, &c., was a common highway ; but it appearing that the inheritance was in the Grown, he reserved this point for the plaintiff to speak to. Now upon motion for a new trial the lord chief baron adhered to his former opinion ; and I think Baron Comyns was also of the same opinion ; but Baron Hale and Carter BtNBURY, 260. FERGUHON ?). CHTHBERT 667 differed; but because the inheritance appeared upon the evidence to be in the Crown (it was the great park at Windsor, of which the plaintiff was only ranger) the court at last were of opinion it could not be given in evidence; so a new trial was granted. Cited for the plaintiff, I Salk. 287. 1 Cro. 184. Yelv. 215. 1 Bulst. 116. Gorlb, 183, lib. 9. Aldred's case; 2 Koll. Abr. 138. Cro. Car. '266. 2 Vent. .344. 2 Lev. 220...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT