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Phillips V. Homfrey No. 2 Notes

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Phillips V. Homfrey No. 2 Revision

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PHILLIPS V. HOMFREY (NO. 2) FACTS THIS suit was instituted in the year 1866 by the Plaintiffs against S. Homfray and other persons, including the deceased R. Fothergill, praying for a declaration that the Defendants were liable in respect of certain coal and ironstone gotten and removed by them from under the Plaintiffs' farm, for an account of the coal and ironstone gotten by them from under the farm, for an account of coal and ironstone conveyed from the Defendants' own mines through roads and passages under the Plaintiffs' farm, and that the Defendants might be decreed to pay for the coal and ironstone wrongly gotten by them from under the Plaintiffs' farm at their proper value, and also to pay a wayleave rent or compensation in respect of their user of the roads and passages under the Plaintiffs' farm for the conveyance of their own coal and ironstone; also that they might pay compensation for the damage done to the surface of the Plaintiffs' farm, and for other relief. The order in Philip v. Homfrey (No. 1): By the Vice-Chancellor's decree, as varied on appeal, it was, amongst other things, declared that the Defendants Fothergill and S. Homfray in the first suit, and the estate of the deceased Defendant W. H. Forman in the first suit, were answerable to the Plaintiffs in the first suit for and in respect of all coal, ironstone, and other produce at any time gotten or removed by them, or by their order, or for their use, under the Plaintiffs' farm, or any part thereof, and that the Defendants S. Homfray and R. Fothergill were liable to make compensation to the Plaintiffs in the first suit for user of all roads and passages under the said farm. The following inquiries were directed:—1. An inquiry what quantities of coal, ironstone, and other produce have been so gotten or removed as aforesaid. And it was ordered that the market price or value, or as near thereto as may be, of all coal, ironstone, and other produce so gotten or removed as aforesaid at the pit's mouth (all just allowances being made to the Defendants in the first suit in respect of their charges and expenses (if any) on account of the carriage to the pit's mouth or otherwise of such coal ironstone, and other produce, but no allowance being made for the expense of getting, severing or working the same) be certified. And it was ordered that the following further inquiries be made:—2. An inquiry what quantities of coal, ironstone, and other produce have been conveyed from the collieries and mines of the Defendants in the first suit in the pleadings mentioned, or any of them, over or through the roads or passages under the Plaintiffs' said farm. 3. An inquiry what amount, upon the result of the inquiry last directed, ought to be paid by the Defendants in the first suit to the Plaintiffs in the first suit for wayleave and royalty in respect of the user by

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