The Times 1811 - 1820 Aug 31 1819 Carlisle Assizes (Sir Frederick Vane v. Rooke [a] )...#16

Aug 31 1819 Carlisle Assizes (Sir Frederick Vane v. Rooke [a] )...#16

The Times, Tuesday, Aug 31, 1819; pg. 3; Issue 10712; col A                                 CUMBERLAND ASSIZES.     [continued]                             CARLISLE, FRIDAY, AUG. 27.                  Before Mr. Justice BAYLEY and a Special Jury.                                             TRESPASS.                  SIR FREDERICK VANE, BART., V. ROOKE. Mr. RAINE (with whom were Messrs. LAMB and TINDALL) stated the case to the Jury. The real question at issue was, whether the defendant, George ROOKE, as owner and occupier of the Abbey in the manor of Embleton, of which Lord EGREMONT was the Lord, had a prescriptive right to dig gravel and stones in Ling-fell, a part of waste in the manor of Wythop, of which Sir Frederick VANE was the Lord. The waste of Embleton had joined the waste of Wythop, and it was extremely probable that the two wastes had been occupied in common; but the waste of Embleton had been lately enclosed, and in 1813, upon full trial, the boundary was fixed between the manor of Embleton and the manor of Wythop. Upon occasion of that trial Mr. ROOKE affirmed, for he was a Quaker, that he had obtained leave from Lord EGREMONT to dig stones out of the Ling-fell, and paid 2s. 6d. in consideration of it. This solemn affirmation was decisive against the prescriptive right now claimed. James BRAGGE proved the trespass in August, 1817. David RICHARDSON proved Sir Frederick VANE to be Lord of the manor of Wythop, and the Ling-fell to be part of that manor. He never heard of a right in the owners of the Abbey to dig stones or gravel in the manor of Wythop. Elizabeth HODGSON discharged Bell ARMSTRONG in 1815, from taking gravel from Ling-fell without the permission of Sir Frederick VANE. Joseph VICKARS proved, that the defendant had affirmed that he and his father had obtained leave from Lord EGREMONT to dig stones from the Ling-fell for building a barn 40 years ago, and had paid 2s. 6d. in consideration. He never heard of a right in the Abbey to dig stones or gravel. Wm. STODDARD heard Mr. ROOKE say that they had paid 2s. 6d. for getting stones. It was a new addition to an old barn. He never heard of a right in the Abbey to dig stones there. Robert STOREY remembered the building of the new addition, and had been told by the defendant's father that he had asked leave, and was to pay 2s. 6d. He never heard of a right without leave.

 

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