Vernon v Goodrich
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 93 E.R. 348
COURTS OF CHANCERY, KING'S BENCH, COMMON PLEAS AND EXCHEQUER
vernon versus goodrich. in C. B. Where the plaintiff declares upon a possession only, and the defendant pleads liberum tenementum, the plaintiff must shew a title in the replication, and must not barely rely on traversing the defendant's title. Yelv. 147. Poph. 1. Salk. 335. 4 Mod. 424. Com. Eep. 7. The plaintiff declares, that whereas she is possessed of an house in Ipswich, to lSTBAma,fl. TRINITY TEEM, 2 GEO. 349 which water was conveyed by a leaden pipe from the conduit house; the defendant nevertheless has placed quaedam epistotuia vocat. stopcocks in canali plumbeo prae-dicto, and thereby hindered the water from coming to her house, and that the defendant has diverted great quantities of water, by which she lost the use of her house. The defendant pleads, that at the time iti the declaration, et diu autea, he was seised in fee of half an acre of ground, being his garden, and lying between the conduit house and the house of the plaintiff: and being so seised, he placed the said leaden pipe in his said garden, ad utend' ill' ad ejus beneplacitum; and therefore he fixed the said stopcocks, prout ei bene licuit, quae sunt eadem, &c. Demurrer hide, ,et pro causa, quod materia pried' non est placitabilis in barram actionis prsed', sed tantum in retardationem responsionis ad inde haberid', donee legalis titulus ad aquam prsed' per ipsam (the plaintiff) ostensus fuerit. Selby Serjeant pro quer. That the plea is ill. It is not sufficient in this case for the defendant to say, it is his freehold; for that may be true, and yet the plaintiff be intitled to the watercourse. Where the plaintiff prescribes for aeparal. piscar. it is not enough for the defendant to say, it is his freehold. 17 E. 4, 6 b. 7 a. 10 H. 7, 24 b. 18 H. 6, 29 b. 34 H. 6, 28 a. That the plea should not be generally in bar of the action, but only till the plaintiff shew a title. The defendant has given no answer to the diverting great quantities of water; and therefore he prayed judgment for the plaintiff. [6] Branthwayte Serjeant contra. That the plea is a good plea : formerly the plaintiff must have set out a grant or prescription; but it is since settled, that to say generally he is intitled, is enough against a wrong-doer. But it is still necessary to set out a grant or prescription, when the action is against the owner of the land; and as this is laid...
To continue reading
Request your trial
-
Richard Watters v The Heir and Terretenants of George Lidwill
...v. JacksonENR Hobart, 52. Regina v. Millis 10 Cl. & F. 534. Jebb & Bourke, 259. Taylor v. WatersENR 5 M. & S. 103. Vernon v. GoodrickENR 1 Str. 5. Carroll v. Cooke 1 Jebb. & S. 33. Jefferson v. MortonENR 2 Saund. 20. Adams v. SavageENR 2 Salk. 601. In re John Bagot 8 Ir. Law Rep.295. ENR Vi......
-
Graham v Ingleby and Glover
...the act of the Court, and that act must appear by the record , for we will not go to a jury to inquire into our own act " Emkm v. /''ones/ (1 Str 5,!2), is ui authonty to the same effect 'I his plea is according to the form given in Chitty orr Pleadrng (to! ,3, p 12), but the case of [444] ......