Woollocombe v Ouldridge
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1824 |
| Date | 01 January 1824 |
| Court | Arches Court |
English Reports Citation: 162 E.R. 381
ARCHES COURT
REPORTS of CASES ARGUED arid DETERMINED in the ECCLESIASTICAL COURTS at DOCTORS' COMMONS and in the HIGH COURT of DELEGATES. By J. ADDAMS, LL.D., an Advocate in Doctors' Commons. Yol. III. Containing Cases from Michaelmas Term, 1825, to Trinity Term, 1826, inclusive. In Continuation of the ECCLESIASTICAL REPORTS of Dr. PHILLIMORE. London, 1827. [1] reports of cases argued and determined in the ecclesiastical courts at doctors' commons; and in the high court of delegates. woollocombe v. OuLDRiDGE. Arches Court, Michaelmas Term, 3rd Session, 1825. --Ordinaries at the present day are bound not to issue faculties appropriating pews to individuals, bub under special circumstances -Sentence of the Court below, refusing a confirmatory faculty for so appropriating a pew, &c., affirmed generally-but qusere as to the propriety of an order, part of that sentence, dispossessing the applicant for the faculty of the pew in question in favour of the opponent; that opponent, though setting up, failing to sustain any prescriptive right to the pew, the possessory right to the pew seeming, of the two, to be rather in the applicant for, than in the opponent of, the faculty; and such order not regularly connecting itself with the proceedings, pleadings, and prayers in the cause. (An appeal from the Consistorial Episcopal Court of Exeter.) Judgment-Sir John Nicholl. This is a cause of appeal from the Consistory Court of Exeter. It is described originally as a business of "shewing cause against the grant of a license or faculty for confirming a pew, then lately made by the conversion of one large pew into two pews, in the parish [2] church of Lifton, in the county of Devon," to Mrs. Woollocombe, the present appellant. She was the applicant for that license or faculty in the Court below; and its issue was there opposed by Mrs. Ouldridge, the present respondent. The appellant is described in the evidence as a woman of considerable property, resident at Whiteley House, the principal mansion in the parish of Lifton. But though, resident at, she is not the proprietor of, Whiteley House. She is the mere under-tenant of a Mr Mason, himself not the proprietor. Whether the appellant ia, or is not, nominally rated to the parish for Whiteley House, is a circumstance, I think, pretty immaterial. If she the appellant is not, Mason is; who, of course, is repaid his disbursements on that score by the appellant, in the shape of additional rent. Being the occupier of Whiteley House, the appellant was clearly entitled to sitting's in the parish church of Lifton, proportioned to and befitting her status in the parish of Lifton, as the occupier of that house, if such could be afforded her. Ib this ehurch of Lifton, it seems, was a large pew capable of holding twelve or fourteen persons, exclusively occupied by females ; among others, by the respondent, Mrs. Ouldridge and her daughter. She, the respondent, is the owner or proprietor 382...
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