swarb.co.uk - law index
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Agriculture - From: 1200 To: 1799
This page lists 12 cases, and was prepared on 02 April 2018.
Case LXIII 1 El Dyer, 169 Patents, Forest Palm 88 2 Buls 290; 1220 - [1220] EngR 12; (1220-1623) Jenk 218; (1220) 145 ER 149 (B)
Abbot of Paislay v Adam Wallace; SCS 6-Jul-1518 - [1518] Mor 784
Laird of Corstophine v The Laird of Lethingtoun; SCS 21-Jan-1575 - [1575] Mor 788
The Case of the Royal Fishery of the Banne; 1610 - [1610] Dav 149
Peers v Lucy; 1694 - [1694] 4 Mod Rep 355; [1694] ER 441
Scamler v Johnson [1729] EngR 214; (1729) T Jones 227; (1729) 84 ER 1230 (A)
1729
Agriculture, Land, Animals
Trespass quare clausum fregit, & herbam suam depastur. The defendant pleaded that J. Ramsey, long before the trespass, was seised of an ancient messuage with the appurtenances, and prescribed for common of pasture, in the plaintiff's close for his cattle, levant and couchant on tbe said messuage, with the appurtenances, and made title to the wife of Ramsey for her life, who bad entred & adhuc seisata existit, and conveyed to himself the said messuage at, the will of the wife, and justified utendo communia praedict'. Whereupon the plaintiff demurred. And Sanders for the plaintiff said, that the prescription is not good, for cattle cannot be levant and couchant on a messuage. Holt for the defendant, that the prescription is good, and a messuage comprehends the curtilage, which may be an acre or more, on which the cattle may be levant and couchant. And per Cur. the prescription is good, for it is not a common appendant but appurtenant, and such commori is usual in the county of Lincoln, and other counties, and that this is maintainable better for cattle levant and couchant than otherwise, 2. It was objected that the life of Frances ia not aver'd, and if she be dead, the defendant her lessee at will hath no title, But non allocatur; for (adhuc seisita existit) is a good averment of her life.
[ Commonlii ]
Keeble v Hickeringall [1738] EngR 470; (1688-1710, 1738) Holt KB 14; (1738) 90 ER 906
1738
Agriculture
1 Cites
1 Citers
[ Commonlii ]
Alexander Duke of Gordon and His Curators v James Earl of Moray and William Earl of Fife [1763] UKHL 2_Paton_78
9 Mar 1763
HL
Agriculture
Right of Fishing.-
A difference having arisen as to the import of the judgment of the House of Lords, fixing the boundary between two fishings, as being the line which the sea made upon the coast where it cut the river Spey: Circumstances in which the Court of Session was held entitled to order certain permanent landmarks, indicating this line to be fixed up.
[ Bailii ]
Sir William Dunbar and Sir Alexander Grant, Baronets, Duncan Urquhart, and Alexander Tulloch, Esqs v Alexander Brodie of Lethen, Esq [1765] UKHL 6_Paton_769; http://www.bailii.org/uk/cases/UKHL/1765/6_Paton_769.html
15 Feb 1765
HL
Agriculture
Salmon Fisheries in the River Findhorn. -
(1) Held, that the appellants had right to the fresh water fishings in the Findhorn, and that the boundaries extended from fixed points; and (2) that the respondent had right to the five stells on the east side of the river Findhorn, and that Sir William Dunbar had right to the stells on the west of the said river, and that Mr Brodie had the only right of fishing on the sand beds, and on the east side of the river, at all times of the tide, and also on the west side during the ebbing of the sea, and that he and Sir William Dunbar had right to exercise their stell fishings without any limitations as to the mode of fishing.
[ Bailii ]
Thomas, Lord Erskine of Alva, and John Erskine of Balgownie v The Magistrates and Town-Council of Stirling; Michael Potter of Easter Livylands and Robert Galloway of Burrowmeadow [1765] UKHL 6_Paton_774; (1765) 6 Paton 774
20 Mar 1765
HL
Scotland, Agriculture
Salmon Fishing in the Forth - Act 1698. -
Held that the appellants were prohibited by the above Act from using a stoupnet, which was a species of pock-net, in their fishing salmon in the river or Firth of Forth, and that they were not entitled to use either pock-net or herrywater net, in said fishing, contrary to the said Act.
[ Bailii ]
Alex Duke of Gordon v Sir James Grant, Bart, Colonel James Grant, Colonel Alexander Grant, The Earl of Fife, and Others [1776] UKHL 3_Paton_679
22 Mar 1776
HL
Agriculture
Cruive Dykes - Cruive Fishing - Floating Timber down a River. - Circumstances in which a party was held to have a cruive fishing, and entitled to erect dykes for that purpose, but so as not to obstruct the floating down the river to the sea, the wood and timber belonging to the superior heritors.
This was a dispute between the appellant and the respondents being heritors on the banks of the river Spey, as to the right of cruive fishing in that river claimed by the appellant, and which the respondents contended he had not; action was brought to declare their respective rights.
It was stated that the former Duke of Gordon had raised action to have his right of tugnet fishing in the sea at the mouth of the river Spey, and likewise to have his right to a currach, cobble and spear fishing in the said river declared; but no conclusion was made as to a cruive or dyke fishing.
[ Bailii ]
Andrew Stration, A Pauper v Thomas Graham of Balgowan, Esq [1789] UKHL 3 - Paton - 119
28 Mar 1789
HL
Landlord and Tenant, Agriculture
Lease - Deviation from Mode of Cropping - Penalty. - A tack stipulated that the tenant was at liberty to deviate from the mode of cropping and management laid down in the tack upon his paying andpound;2. per acre more of additional rent to the landlord. He departed from the mode of cropping. Held, in the Court of Session, that he was liable to pay the andpound;2. of additional rent. Reversed in the House of Lords, and case remitted to ascertain and determine specially what was the number of acres the tenant became bound to cultivate in the manner specified in the tack, and what was the number of acres cultivated contrary to the conditions thereof.
[ Bailii ]
