Wood v Lake
Jurisdiction | England & Wales |
Judgment Date | 01 January 1790 |
Date | 01 January 1790 |
Court | Court of the King's Bench |
English Reports Citation: 96 E.R. 783
COURT OF KING'S BENCH
Referred to, Wood v. Leadbitter, 1845, 13 M. & W. 848, n.; Wells v. Kingston-upon-Hull, 1875, L. R. 10 C. P. 410; M'Manus v. Cooke, 1889, 35 Ch. D. 687; Metropolitan Railway Company v. Fowler, [1892], 1 Q. B. 181.
wood vers. lake. A parol agreement for the liberty to stack coals upon the land is good for seven years. [Referred to, Wood v. Leadbitter, 1845, 13 M. & W. 848, n.; Wells v.'Kingstm-upon-Hull, 1875, L. R. 10 C. P. 410; M'Manus v. Cooke,' 1889, 35 Ch. D. 687; Metropolitan Railway Company v. Fowler, [1892], 1 Q. B. 181.] In a case reserved, in an action upon the case, it was stated ; that the defendant had agreed, by a parol agreement, that the plaintiff should have the liberty of stacking coals upon part of a close belonging to the defendant, for the term of seven years, and that, during this term, he should have the sole use of that part of the close, upon which he was to have the liberty of stacking coals; and that, after the plaintiff had, pursuant to this agreement, enjoyed the liberty of stacking coals three years, the defendant locked up the gate of the close. The question was, whether this agreement was good for seven years'? Lee Ch.J. and Denison J. were of opinion, that it was. And by them.-In the case of Webb v. Paternoster, Palm. 71, it is laid down, that the grant of a licence to stack hay upon land does [43 not amount to a lease of the land; and, although it be in that case said, that such a licence, provided the grant be for a time certain, is irrevocable, it by no means follows, that an interest in the land does thereby pass. As the agreement in the present case was...
To continue reading
Request your trial-
Kiely v Kerry County Council
...past three elections and neither saw any reason to change it. 55 Mr. Flynn in evidence said that he was satisfied to treat the sequence of say 3, 4 and 5, or 4, 5 and 6, it matters not which one, as being a number 1, 2 and 3. If the sequence however was not consecutive, then at the break po......
-
Re Ball
...an action brought by him. In the judgÂment in Rom v. Chambers (1), cited in Morgan v. Knight (2), the grounds of the decision in Herbert v. Sayer (3) are stated to be " if the assignees choose not to interfere the bankrupt is the right owner." Again in Butler v. Hobson (4) the grounds of th......
-
James Elliott Construction Ltd v Irish Asphalt Ltd
...done on the material removed from the building by the plaintiff is that one was tested on particles from 5 mm to 40 mm, whereas the standards say 3 mm to 31 mm. I do not regard this as significant in likely difference for this test. I am still provided with information, though the surface a......
-
Armstrong v Sheppard & Short Ltd
...71; also 81 English Reports, page 783). We looked at that case and at later cases which I will just mention: ( Wood v. Lake Sayer, page 3: 96 English Reports page 783): ( Winter v. Brockwell 8 East page 308: 103 English Reports page 359); ( Tayler v. Waters 7 Taunton page 374: 129 English R......
-
Change to UK Pension Inflation Measure
...link to the RPI measure of inflation. Here, members may not be directly affected (at least if increases are capped at 5% or more, rather than say 3%). If the CPI is ever higher than the RPI, it may apply as an underpin. Some schemes have restrictions that will make it impossible to use the ......
-
Corporate Acquistions - Avoiding The '7 Deadly Sins'
...to work on ensuring a quick transition. Where it is important that the seller remain involved in the company for a prolonged period of time (say 3 or more years), the buyer might consider acquiring less than 100% of the target company (say 60%), and allowing the seller to retain a minority ......
-
Valuer update: A refresher on rent reviews in Victoria and what to look out for
...rent increase give landlords the certainty of the rent payable. It is important that a rent is not specified as being the greater of CPI and say 3%, as this is void and can result in a market rent determination under the Act. Background We were recently requested to advise as to whether in ......
-
Personal/carers leave - how it should be calculated - latest developments
...On the Union's interpretation employees working 36 hours a week whether they work 7.2 hours every day over 5 days or 12 hour shifts on say 3 days a week, both will be entitled to be paid at their base rate for the hours they would have worked but for the illness or injury etc. Furthermore, ......
-
File Review, Proof Rubric, Trial Logs and Checklists
...3. Bills were reasonable and necessary for the treatment provided. Dr. G will give the opinion at trial. Insurance Medical Exam Dr. H will say 3 medical treatment bills were excessive. (H’s Report at 5.) Defenses Elements Evidence Proving / Disproving 1. Plaintiff had prior low back conditi......
-
Witnesses
...admitted. Commonwealth v. Perez , 954 N.E.2d 1 (Mass. 2011). A prior inconsistent statement is one that either by what it says or omits to say 3-89 IMPEACHMENT §341.5 indicates that the fact was different from the testimony of the witness whom it contradicts. An omission from an earlier sta......
-
Editorial Rights of Public Broadcasting Stations vs. Access for Minor Political Candidates to Television Debates.
...to a large audience of potential voters and the best chance for the voters to listen carefully and weigh what the candidates have to say.(3) On the other hand, various issues relating to television debates have been a topic of heated discussion among politicians and broadcasters over the ye......
-
The "horizontal effect" of constitutional rights.
...to say (1) that all law, including common law, is state action, and (2) that only state action is subject to the Constitution is not to say (3) that all law (or state action) is subject to the Constitution, or subject in the same There is a genuine threshold issue that must be addressed bef......
-
South Eastern Railway (Various Powers) Act 1885
...of any heights and spans not less than the heights and spans herein-after mentioned in connexion therewith respectively (that is to say): 3 Railway- No. on Plan. f Parish of Description of Road. Heigl its. Spans. Railway No. 1 - 1 Parish and township Folkestone ? of Public - ft. 22 1 in. 6 ......
-
London County Council (General Powers) Act 1956
...of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same as follows (that is to say): 3 Ch. lxxvii London County Council 4 & 5 Euz. 2 (General Powers) Act, 1956 Part I Preliminary Short titk. 1. This Act may be cited as the London......
-
Ebbw Vale Urban District Council Act 1941
...and forty-one. (2) As from the said date the following enactments so far as the same are still in force shall be repealed (that is to say) : 3 Edw. 7. c. ccxlv. Ebbw Vale Improvement Act 19031903 Section 127 (Expenses of executing Act); Ebbw Vale Water Act 1904 Section 47 (Application of wa......
-
Newport [Monmouthshire] Corporation Act 1920
...council From and after tlie said period of twelve nioiiths such roads slid1 he iiiaiiitaiiied by ancl at the exp'nre of tlir coiincil : say) :- (3) The Corporatioil shall reptj lo t Iir cxiiucil any additional t'spense properly iiicu~red. 1)) the council in repairing and niaintnining i*oa(h......