Walker v Broadstock
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | High Court |
English Reports Citation: 170 E.R. 419
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS.
Over-ruled, Papendick v. Bridgwater, 1855, 5 E. & B. 166.
[458] on the oxford circuit, summer assizes, 1795.* Worcester, coram Thomson, Baron. walker v. broadstock. (Where a party claims common pur cause de vicinage, as appurtenant to a messuage, declaration of a former tenant of the same messuage, as to such right, is admissible, even though snch tenant be living.) [Over-ruled, Papendick v. Bridgwater, 1855, 5 E. & B. 166.] This was a feigned issue, to try a prescriptive right of common claimed by tha plaintiff t on Corse Lawn, in the parish of Cor.se, in the county of Worcester, as appurtenant to a messuage situate in the parish of Stanton, in the county of Gloucester ; which parishes are also in different manors. The claim was pur cause de vicinage , and the plaintiff made a strong case of Constant and uninterrupted usage. The defendants proved that one Clark, who had been occupier of the plaintiff's messuage forty years ago, but who was now dead, had in his lifetime acknowledged, that his cattle had been impounded on Corse Lawn ; and it was allowed to be evidence of the fact. (Vide Davis v. Pierce et alt., 2 Term Rep. 53.) They also offered evidence that one Walker (not the plaintiff) who had been occupier of the plaintiff's messuage, who was now [459] living, and had no interest in the cause, had...
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...from the report of that case, that the occupier was dead-1 It is not so stated : but that must have been the fact. Walker v. Broadstock (1 Esp. 458) may be cited on the other side. There, in answer to a claim of common pur cause de vicinage, by prescription, as appurtenant to a messuage, ev......
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