case ware against HENZEL and other in chancery Trinity term Geo a bill bring  by a person as layimpropriator of tithe for a account of tithe but the bill  dismiss this be a bill bring by the plaintiff as a layimpropriator of the  tithe of the parish of Darlington against Mr Thorpe as rector of the parish of  Oulton who have receive the tithe demand by the bill and against Henzel the  defendant and nineteen other occupier of the tithe land to have a account of  the tithe and that Mr Thorpe may set out his title to the tithe and to what  value he have receive the plaintiff in his bill set out that he be  impropriator of the tithe of the township of cockerton in the parish of  Darlington by a original grant from Henry the eight after the dissolution of  the body to which it belong be the deanery modern report er p and collegiate  church of Durham that by intermediate grant the tithe come to some of his  ancestor in king James the first be time and show his pedigree that the tithe  in dispute arise out of a place call GrangeClose in the same township of  cockerton but the plaintiff do not prove any receipt of tithe by himself or  any of his ancestor the defendant admit themselves to be owner and occupier of  GrangeClose but that for several year pass they have pay their tithe to the  defendant Mr Thorpe and that the plaintiff must seek his remedy against Mr  Thorpe the defendant Mr Thorpe in his answer admit the plaintiff to have some  estate in the tithe of the township of cockerton but deny his right to the  tithe in GrangeClose although it lie in the township of cockerton and the  parish of Darlington that he the defendant be rector of Oulton and that his  predecessor have be always entitle to the tithe in GrangeClose and he admit  that GrangeClose lie in the township of cockerton and that it be in the parish  of Darlington Mr clarke for the plaintiff the plaintiff be entitle as a  impropriator of the tithe of the township of cockerton in which modern report  place the tithe in question arise and as impropriator of a township he be  entitle by common right to all the tithe within that district for all right of  spiritual person cease beside the right of Thorpe the defendant be a very  particular one for he be rector of another parish than where the tithe lie  entire distinct from it nor be any assessment or duty ever pay by the parish  of Oulton to the parish of Darlington nor do it appear that Thorpe perform any  office of divine service in Darlington for if there be any immemorial custom  that the parson of Oulton do any duty in the parish of Darlington this  property in the tithe in another parish may be good upon such a valuable  commencement the deed be read and the patent and then Hardwicke Lord  chancellor say the plaintiff Mr ware be not impropriator of the tithe in the  township of cockerton and if he be it will be necessary for he to give  evidence of a receipt of the tithe either to himself or some of his ancestor  but this evidence be against he for the receipt of the tithe be prove in the  defendant Thorpe or some of his ancestor it be true if there be a impropriator  whether ecclesiastical or lie he be entitle to all tithe of common right and  be not put to prove his title but the person who claim right against he must  show their right by deed if they be occupier of the land only but the rector  may prove his title by a ancient receipt and perception of tithe and it shall  be presume upon such evidence that there be a endowment of the parson of  Oulton of these tithe which endowment needs not be show by deed for immemorial  receipt of the tithe be evidence enough of it there be no pretence for the  bill for such bill will overturn almost all the title of tithe in the kingdom  therefore the bill must be dismiss