“SMITH V ASBRIDGE
This was an action trover, to recover the value of two trees. The question in dispute was, whether the trees had grown on the soil of the plaintiff who was proprietor of a farm called Lower Okehurst, in the parish of Loxwood; or whether the place was part of the waste of the Defendant’s manor?
For the plaintiff, a number of old witnesses were called, who proved, that for sixty years past the proprietors of Oakhurst Farm had exclusively used the lane where the trees grew, and they had constantly excluded the cattle of all other persons and trespassers the Learned Judge stopped the Plaintiff and called upon Mr Garrow, as Counsel for the Defendant, to state what answer he was about to give to this evidence.
Mr Garrow observed, the weather was very hot, and he would not now detain his Lordship. He would give the answer at the next Spring Assizes.
Verdict for the Plaintiff.”