A Treatise of the Law of Tithes Compiled in Part From Some Notes of Richard Woo
A Treatise of the Law of Tithes Compiled in Part From Some Notes of Richard Woo
Samuel Toller
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It may be added, that although in a late {y) [uu) 3 Cro. 113. Norton V. Fer- mer, G'. Vill. Ibid. N. But fee S. C. Differently reported, and finally de- tt^nnined, becaufe of ihe cuftom al- ledged. Aadthc verdifl againil fuch allegations, and by Croko and Yel- verton, there are divers precedents otherwife wtkout alledglng a ciijlom, Hetl. 38. I o. 1X7. PerCrokethe parfon had a benefit, for he had bet- ter means of tithes, Hetl. 89 and Gibs. 6S6. I^eaks of a houfc of huf~ handry. (w) I Freem. 33...4. (x) 2 Inft. 652. (7) Mantell v. Paine, Owi'I. 1506 1508 The point ihll there- fore may feem d0abtf. 1l, notwith- ilanding C, E. Parker's cojr. Urrsnce with Lord Hardwicke, that the ex- emption of fire-wood is only by fpecial cuftom, Gvvill. 965. And n. 960. And n. Erflcine v. Ruffle. Both tlief^^ great judges iafillonthe cafe ia 3 Cro. I 13. Without adverting to the report of it in Hetley, which feems to make the otlier way, the C. B quotes many other cafes for and againil kis opinion, fome of which I have not found, and foiae are not reported as to this matter.
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