Will. Reynolds v Edw. Clarke

JurisdictionEngland & Wales
Judgment Date01 January 1790
Date01 January 1790
CourtHigh Court

English Reports Citation: 92 E.R. 410

COURTS OF KING'S BENCH AND COMMON PLEAS

Will. Reynolds
and
ers. Edw. Clarke

[1399] will. reynolds vers. edw. clarke. Intr. Trin. 8 Geo. B. R. Rot. 474. S. C. 8 Mod. 272. Fort. 212. The occupier of a house who has a right to have the rain fall from the eaves of it upon another man's land, cannot put up spouts to collect that rain and discharge it upon such land in a body. Trespass. The plaintiff declared, that the defendant the first of June 7 Geo. arid 2 LD. RAYM. 1400. TRINITY TERM, 11 GEORGII REGIS 411 divers days and times between that day and the 20th of October then next, at Abmgdon in the county of Berks, vi et armis the plaintiff's mansion house, in which he inhabited, and his backside to the said house belonging, did break and enter, and laid filth in the backside, and placed a spout, quod ratione inde aqua per tempestates pluviales in compluvium praedictum a clomo of the defendant descendens per com-pluvium illud atrio praedicto currebat et stabulum et pandoxatoriura ipsius Willielmi in atrio praedicto superfluxit; ac ratione inde muri et fundamenta stabuli et pandoxa-torii praedicti eorrupta putrida et spoliata devenerunt, &c. The defendant as to all the trespass but entering into the backside and setting up the spout, pleaded not guilty: and as to the entering into the backside and placing the spout, &c. he pleads, that long before the supposed trespass, viz. 25th of August 1708, one John Fountains was seised in fee of the said mansion house and backside, and of two messuages adjoining to the backside, in which backside there then were and yet are a house of office, a well, and a pump to the said well belonging; that the said John Fountaine the said mansion house and backside with the appurtenances, excepting and reserving the free use of the backside and house of office, pump and well in the said backside to the said John Fountaine, his heira and assigns, and all the tenants and occupiers of the said two messuages and each of them in common with the plaintiff and John Tyler, their heirs and assigns, occupiers of the said mansion house and backside, did by lease and release convey to the plaintiff and the said John Tyler and their heirs and assigns: that John Fountaine afterwards, viz. 24th of February 1710, being so seised, of the said messuages with the use of the backside, house of office, well, and pump aforesaid, ut ad eadem duo mesnagia virtute reservationis praedictae spectan-tibus et pertinentibus, by his last will devised the said two messuages with the appurtenances to one Daniel Yates in fee, that John Fountaine died, and Daniel Yates entered; and then by several conveyances set out in the plea he brings down a title to him and his heirs to the two messuages with the appurtenances aforesaid, by virtue whereof the defendant the time when, &c. was seised in his demesne as of fee of the said two messuages with the appurtenances and had one of the said messuages with the appurtenances the time when, &c. in his actual possession and occupation, and that at the time of the making the lease and release from Fountaine...

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2 cases
  • Scott v Davis
    • Australia
    • High Court
    • 5 October 2000
    ...case for that which in law was a trespass’ (M'Manus v Crickett (1800) 1 East 106 at 109 [ 102 ER 43 at 44]). 469Reynolds v Clarke (1725) 2 Ld Raym 1399 at 1402 [ 92 ER 410 at 470 s 41. 471 Not only did the form of judgment differ between the two forms of action, there were differences in c......
  • Smith v Boucher and Al'
    • United Kingdom
    • Court of the King's Bench
    • 1 January 1815
    ...t 12 Geo. c. 29, perpetuated by 21 Geo. II. c. 3; [see also 51 Geo. III. c. 124, s. 1]. (3) For the learning upon this question, see 2 Lord Raymond, 1399; Bayley's edition ; also 1 Chitty on Pleading, 125 to 128, and index. (I)2 So an actionlon the case may be maintained against a Judge of ......

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