Woolway v Rowe
| Jurisdiction | England & Wales |
| Court | Court of the King's Bench |
| Judgment Date | 24 April 1834 |
| Date | 24 April 1834 |
English Reports Citation: 110 E.R. 1151
IN THE COURT OF KING'S BENCH
S. C. 3 N. & M. 849; 3 L. J. K. B. 121. Referred to, In re Holland, [1902] 2 Ch. 379.
woolway against eowe. Thursday, April 24th, 1834. Declarations respecting the subject-matter of a cause, by a person who, at the time of making them, had the same interest in such matter as one of the parties now has, are admissible in evidence against that party, though the maker of them is alive, and might be called as a witness. On the question whether certain land be part of the plaintiff's estate, or waste of the manor, a perambulation of such manor, by the lord, including the land in question, is evidence, as shewing an assertion of ownership by the lord, though it be not proved that any person on behalf of the plaintiff was present at the perambulation, or knew of it. [S. C. 3 N. & M. 849; 3 L. J. K. B. 121. Eeferred to, In re Holland, [1902] 2 Ch. 379.] Trespass for breaking and entering the plaintiff's close called Scorhill and spoiling the herbage, &c. Plea, the general issue. At the trial before Bosanquet, J., at the last Spring Assizes for Devonshire, it appeared that the plaintiff claimed the close in question as part of his estate; but the defendant alleged that it was part of the waste of a manor, and that the plaintiff had no interest in it but a right of turning on cattle. In support of his case the defendant called the son of a person who had formerly been proprietor of the estate now held by the plaintiff, to prove that his father, while [115] possessed of the property, had a right of common on Scorhill Down, the close in question, but never claimed any interest in it beyond that right, which was equally enjoyed by his...
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...Derby (1867) L.R. 2 Ex. 316. Wisniewski v. Central Manchester H.A. [1998] Lloyd's Rep. Med. 223. Woolway v. Rowe (1834) 1 Ad. & El. 114; 110 E.R. 1151. Land - Easements - Public rights of way - Dedication - Ingredients necessary to establish public right of way - Whether public right of way......
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...Wales, 21st December, 2009). Williams-Ellis v. Cobb [1935] 1 K.B. 310; [1934] All E.R. Rep. 465. Woolway v. Rowe (1834) 1 Ad. & El. 114; 110 E.R. 1151. Young v. Cuthbertson (1854) 1.Macq. 363. Land – Easements – Public rights of way – Dedication – User – Inference of dedication from long pu......
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... ... The two specific decisions cited by Mr. Merriman in his able argument for the plaintiff tend, I think, to support my view. They are Woolway v. Rowe F5 and Smith v. Smith. F6 ... In my opinion the admission contained in the letter is strikingly corroborated by the entry made at the ... ...
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Doe on the several demises of Thomas Daniel, Sheriff, and Affleck, against Coulthred and Baldrey
...Taunt. 16), Came v. Nicoll (1 New Ca. 430), and Doe dem. Humtm v. Pettett (5 B. & Aid. 223). [Lord Denman C.J. referred to Wool-way v. Sows (1 A. & E. 114).] Storks Serjt. and Gunning, contra. It does not appear that W. B. Daniel had any interest under the will; for no evidence was give......
