Qutere, whether one commoner can destrain the cattle of another, who surcharges with cattle not levant and couchant (a) 1 Case lies by one commoner against another for surcharging with cattle not legant and couchant. In such case the lord may destrain. One commoner may destrain the cattle of another, where the common is for a certain number of cattle.
The case :- The landlorders had common for all beasts levant and couchant upon their estates : the plaintiff and defendant were both entitled to this common ; and the plaintiff putting in more cattle than were levarit and couchant upon his estate, the defendnt distrained them : and the question was, whether one commoner might
distrain another in this case : Any commoner may destrain the cattle of a stranger.
Citations:
[1698] EngR 14, (1698) Freem KB 273, (1698) 89 ER 195 (B)
Links:
Jurisdiction:
England and Wales
Agriculture
Updated: 18 May 2022; Ref: scu.384401
