References: [1729] EngR 366, (1729) Bunb 274, (1729) 145 ER 672 (A)
Links: Commonlii
Ratio:Plaintiff brought his bill as lessee of the bishop of Norwich of the rectory of Ingham in the county of Norfolk, and produced his lease dated May 8, 1723 : the defendant set forth, that the bishop of Norwich, at Michaelmas in the year 1693, demised the Grainge farm, with all tithes thereto belonging, or therewith usually letten ; that this lease was surrendered July 7, 1714, and a new lease made the next day by the bishop of Norwich to the person under whom the defendants claim, with the same words ; so insist, that at the time of the grant of the rectory the tithes could not pass to the plaintiff (of this farm) they being before expresly granted by the lease in 1693, and which was subsisting at the time of the plaintiff’s lease.
But nota, there was proof that the lessees of the rectory had usually received the tithes of the whole parish, farm and all ; and no proof of the defendant’s side of the lessees’ of the farm ever receiving tithes. Therefore per curiam (Lord Chief Baron Pengelly arid Baron Carter only in court) the defendant was decreed to account, for usage shall explain this matter ; and these tithes cannot be said either to belong to Grainge farm, or to be usually letten with it ; and the word tithes was taken in only as a word of course, and from the old lease : it there had been a dispute between the bishop himself and the lessee of Grainge farm, it might have had another consideration.
Last Update: 07-Jun-16
Ref: 388314