Whilster against Paslow
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 416
IN THE KING'S BENCH.
case 7. whilster against paslow. By an exception in a lease of all " woods, underwoods, coppices and hedge-rows," the soil itself is excepted ; but by an exception of " all timber trees " no soil is excepted but that in which they grow. Post. 524. Co. Lit. 4. b. 2 Roll. Ab. 455. Dyer, 19. 5 Co. 11, 12. Cro. Eliz. 522. Co. Lit. 47. a. Show. 311. 4 Mod. 12. Replevin. Upon a special verdict the case was, William Hyde being seised in fee of the manor of Elvedon, whereof the place in question (being twenty acres of coppice-woods) is parcel, and where divers timber-trees and others were sparsim growing within the manor, made a lease of the scite and demesne of the manor, " &r.ceptis et semper reservat. omnibus bonds, suliboscis, coppices and hedge-rows, which then were, or any time after during the term should be, in or upon the premises, or any parcel thereof, with free ingress to sell, take, and carry away the same at his will and pleasure, ao as he leave sufficient fire-bote, hedge-bote, plough-bote, &c. to be taken and spent upon the premises, to Thomas Martyn and his wife during their lives, with liberty to take the said botes, &c." And the question was, whether the soil of this twenty acres was let to the lessee, or excepted to the lessor? the issue being, whether it were the freehold of Paslow...
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