Case

In the principal street of Pool there are 3 vacant spaces where houses are not built to range with the street and in the case of two of these houses there are spaces of 40-50 yards which are fenced from the street with open rails and posts. At the eastern end of each of these spaces is a house of the Rev. Mr Thornes, at the back of each of these spaces are gardens belonging to him from which the spaces are fenced off by stone walls. The western ends of these spaces abut upon houses the property of other persons who have a right to a road for themselves only across such western ends to their own back yards, from which these spaces are fenced by gates; but occupiers of these 2 tenements of Mr Thorne's have always received compensation for all cattle penned within these spaces for sale at faris

Mr Thornes has contracted with Mr Jones for sale of the house at the southern side the street with the garden and appurtenances and it was understood by them that the space of land adjoining the end of it and used as stated was to pass as appurtenant to it, and it was contracted for with the express intention of building houses upon it to range with the street. But the devisees of the late Earl of Powis now the lords of this manor of Pool Town say this space is part of the waste of that manor and not the private and exclusive property of Mr Thornes.

Mr Thomas insists that the land has always been set with the houses, that he receives burgage rents himself and that the land is part of his freehold. There was a stable upon the middle of the ground now claimed which fell down about 40 years ago, and which had always been occupied by the tenants About 30 years ago the then proprietor built another stable upon a different part of the same space of land, which is now and always has been let to the tenants