The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

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Title: The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.
Author: Leonard, William.
Publication: London :: Printed by the assigns of Richard and Edward Atkins ... for Henry Twyford, Thomas Basset, William Rawlins and John Place,; 1686.
Rights/Permissions: This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
Subject terms: Law reports, digests, etc. -- England.; Law -- England -- Cases.
Link to this Item: http://name.umdl.umich.edu/A47718.0001.001
Cite this Item: "The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A47718.0001.001. University of Michigan Library Digital Collections. Accessed June 16, 2024.

Pages

XXXI. 8 Eliz. In the Common Pleas.

AN Action upon the Case was brought, for stopping of a Way; The Plaintiff declared, That the Duke of Suffolk was sei∣sed of a House in D. and Leased the same to the Plaintiff for life; And that the said Duke, and all those whose Estate, &c. have used time out of mind, &c. to have a Way over the Lands of the Defen∣dant unto the Park of D. to carry and recarry Wood necessary for the same House, from the said Park to the same House; and further declared, That the Defendant Obstupavit the Way. It was mo∣ved by Carns, That upon this matter, no Action upon the Case lieth, but an Assise, because that the Freehold of the House is in the Plaintiff; and also the Freehold of the Land over which, &c. is in the Defendant: But if the Plaintiff or Defendant had but an Estate for years, &c. then an Action upon the Case would lie, and not an Assise: All which was granted by the Court.* 1.1 It was also holden, That this word▪ Obstupavit, was sufficient in it self; scil. without shewing the special matter how; as by setting up any Gate, Hedge or Ditch, &c. for Obstupavit implyes a Nusans conti∣nued, and not a personal disturbance, as a Forestaller, or in saying to the Plaintiff upon the Land, &c. that he should not go there, or use that Way; for in such cases, an Action upon the Case lieth. But as to any local or real disturbance, Obstupavit amounts to Obstruxit: And although in the Declaration is set down the day and the year of the Obstruction, yet it shall not be intended, that it continued but the same day: for the words of the Declaration are further, by which he was disturbed of his Way, and yet is; and so the continuance of the disturbance is alledged: And of such Opinion also was the whole Court. Leonard, Prothonotary, said to the Court, That he had declared of a Prescription, habere viam tam pedestrem quam equestrem, pro omnibus & omnimodis Cariagiis, and by that Prescription he could not have a Cart-way, for every Prescription is stricti juris. Dyer, That is well Observed, and I conceive that the Law is so; and therefore it is good to prescribe, habere viam pro omnibus Cariagiis, generally, without speaking of Horse-way or Cart-way, or other Way, &c.

Notes

* 1.1

Post. 263.

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