A Practical Treatise on Pleading, and on the Parties to Actions, and the Forms of Actions Volume 2; With a Second Volume Containing, Precedents of Pleadings (Paperback)

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. 1809 Excerpt: ...and depasturing, or being in those respective closes from erring or escaping from and out of the one into the other of the said closes, through the defects and insufficiencies of the said hedge or fence, and doing damage in those respective close. Yet the said C D, well knowing the premises, but contriving and wrongfully and unjustly intending to injure and aggrieve the said A B in that behalf, whilst the said A B and C D were so respectively possessed of their said respective closes, pieces or parcels of land, with the appurtenances as aforesaid, to wit, on, Sec. aforesaid, and on divers other days and times between that day and the day of exhibiting this bill, to wit, at, &.c. aforesaid, wrongfully and unjustly suffered and permitted the said hedge or fence between the said close, piece, or parcel of land of the said A B, and the said close, piece, or parcel of land of the said C D, to be and continue, and the same then was ruinous, prostrate, fallen down, out of repair, and in great decay, for want of 'needful.15l and necessary repairing and amending of the same, whereby divers cattle, to wit, horses, &c. &c. of the said A B, lawfully feeding and depasturing in the said close, piece or parcel of land of the said A B on the several days and times aforesaid, went, erred, and escaped from and out of the same, through the said defects and insufficiencies of the said hedge r fence, into the said close of the said C D, and were then and there driven about and hunted in the said close of him the said C D. And thereby one of the said cattle, to wit, a certain (4) This is now determined to be latter capacity that a met " lessee can a sufficient allegation of the defend-be sued. 4 T. H. SI8. 2 H. Bl. 350. ant's liability to repair, 1 Salk. 335. 12...