- 12 Mar 1831 (page 4, col c) - Civil Actions -
Curtis v. Spitty
Chelmsford - March 11 - Before Mr. Baron Garrow and a special jury.
Doe, ex dem. Curtis, esq. v. Spitty, esq.
This was an action of ejectment, brought by Mr. Curtis, as
lord of the Manor of Bowes Gifford, against Captain Spitty, a gentleman of
fortune, residing at Billericay, to recover possession of certain lands and
enclosures within that manor.
The defendant, it appeared, inherited certain lands
adjoining the manor of Bowes, and without the leave or licence of the lessor
of the plaintiff, he had enclosed the waste lands belonging to the manor. The
defendant denied the right of the lessor of the plaintiff over the waste; but
it appeared that he had at one time actually paid quit-rent.
For the defence it was proved, that the farmers in the
parish had been in the habit of turning cattle on the common, digging the
soil, and topping the trees without molestation.
It was argued on the part of the lessor of the plaintiff,
that none of these acts invalidated the manorial rights. If it were decided
that they did, there was not a manor in the kingdom that might not be
extinguished by the same means.
Verdict for the lessor of the plaintiff.
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