The Present State Of The Law Of Tithes; Under Lord Tenterden's Act, And The Act For The Limitation…

Paperback | February 8, 2012

byWilliam Richard Ripley

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1846 Excerpt: ... APPENDIX E. Fellowea v. Clay, Clerk, Feb. 10, 1843. The Court not being agreed, the Judges now delivered their opinions seriatim. Coleridge, J. Coleridge, J.--In consequence of a difference of opinion in the members of the Court, which I very much regret, this case has been twice argued, and hasrstood over a considerable time. It is now my duty to state the conclusions to which, with most unfeigned respect to the opinion of those with whom I most unfortunately differ, I have arrived; and I shall feel it my duty to bring what I have to say into as short a compass as I can; because, having been allowed to read the judgment prepared by my Brother Patteson, to which I entirely accede, I feel I might content myself with stating the conclusion to which I have come, referring for the grounds of it to those which he will offer for his own. It is a salutary rule, however, which generally requires from each Judge his own reasons; and it is right in a case of so much difficulty and importance, that I should obey it. This was a tithe issue, tried by my Brother Rolfe, and on the construction which he put on the 2 & 3 W. 4. c. 100, he directed a verdict for the defendant, the tithe-owner. He thought also, that there was no evidence to be submitted to the jury of a composition real; and he left to them, as a question of fact, whether there had been non-payment of tithes for the number of years required by the act; which they found in the affir-Coiieridge, J. mative. I believe we are all agreed, that his ruling, as to the first of these two latter points, was correct, and the finding of the jury on the last warranted by the evidence. The question, therefore, to be considered is, whether he put a right construction on the statute. The plaintiff contends, that by the statute...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1846 Excerpt: ... APPENDIX E. Fellowea v. Clay, Clerk, Feb. 10, 1843. The Court not being agreed, the Judges now delivered their opinions seriatim...

Format:PaperbackDimensions:50 pages, 9.69 × 7.44 × 0.1 inPublished:February 8, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217248748

ISBN - 13:9780217248747

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