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The Case of Swans

77 Eng. Rep. 43, 7 Co. Rep. 15b (1592)

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The Case of Swans

Court of King’s Bench
77 Eng. Rep. 43, 7 Co. Rep. 15b (1592)

Facts

The Lady Joan Young and Thomas Saunger (defendants) sought to prevent the seizure of up to 500 wild unmarked swans from the property of Abbotsbury. The property had been transferred to Young and Saunger by deed, along with all the rights of the prior owners. Exchequer (plaintiff), the agency that collected revenue on behalf of the queen, directed the sheriff to collect all the unmarked swans in the county, arguing that they belonged to the queen as sovereign. Young and Saunger claimed that the previous owners had enjoyed the total possession of all wild unmarked swans in the estuary along Abbotsbury. Young and Saunger argued this enjoyment was included in the rights conveyed in the deed to the property and that the swans were not subject to lawful seizure by the queen.

Rule of Law

Issue

Holding and Reasoning ()

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