Cornish and Devon Post 20 Nov 1886 Virginstowe A Tithe Case includes John PERKINS of Broadwoodwidger and Samuel BRAUND of Virginstow

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Cornish and Devon Post. East Cornwall Times and Western Counties Advertiser. Saturday 20 Nov 1886

Page 4 Column 4


VIRGINSTOWE.

A TITHE CASE. - On Friday week last, before Mr. BERE, John PERKINS of Broadwoodwidger, sued Samuel BRAUND, of Virginstow, for the sum of £2 8s. 3d., portion of tithe rent charge. Mr. P. T. PEARCE, appeared for plantiff <sic>, and Mr. C. H. PETER for defendant. It appears from the evidence adduced that plaintiff and defendant occupied a moor names Yendon, in the parish of Broadwoodwidger. Plaintiff paid his share of the tithe when it was due, but BRAUND failed to pay his portion. Recently the proper authorities visited the moor for the purpose of levying a distress, for the payment of defendant's share of the tithe, and as defendant had no cattle on the moor, PERKINS, in order to save his cattle from being seized, paid the amount, which he now sought to recover. - Mr. PETER contended that the Judge had no jurisdiction, and that the plaintiffs remedy was before the justices. He added that his client was willing to pay his fair share of the tithes, but there had been no appointment. His Honour held he had no jurisdiction, and nonsuited the plaintiff at the request of Mr. PEARCE.


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<NOTES: Probably Samuel BRAUND son of Lewis BRAUND and Mary PRIOR, married Charity PETHERICK>