The Law of the Farm With a Digest of Cases And Including the Agricultural Cus

Cover The Law of the Farm With a Digest of Cases And Including the Agricultural Cus
The Law of the Farm With a Digest of Cases And Including the Agricultural Cus
Henry Hall Dixon
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Mantel!, Fcter v. Ktioll, and Odiham v. Smith. " And see Fri^e v. Woodhouse, ACTION FOR USE AND OCCUPATION. 445 In the case of The Manor of BasingstoTce v. Lord Bolton there was a bill by the lord of a manor against the tenant, alleging immemorial payments, as rent, or in the natnre of rent, on the death of each tenant by his successors, in respect of thirty-eight different estates. The pay- ments were in lieu of heriots and reliefs. It appeared by the evidence that the heriots were more probab...ly heriot custom than heriot service, and that the relief was by custom, and not by common right or by reservation. Some of them had been j^aid by the executors of the deceased ; it was not shown that the tenant was in possession of all the lands alleged to be liable ; and only the aggregate amount of rent was known, not the proportion due to each estate ; and Kindersley V. -C. Held that under these circumstances the lord had no equity against the successors of the deceased tenant, although it appeared that in consequence of the description and identity of the lands being lost he could not enforce any claim at law.

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