Where the question is as to existence of any right or custom, the following facts are relevant:
(a) any transaction by which the right or custom in question was created, claimed modified, recognized, asserted or denied, or which was inconsistent with its existence;
(b) Particular instances in which the right or custom was claimed, recognized, or exercised, or in which its exercise was disputed, asserted, or departed from.
Illustrations
The question is whether A has a right to a fishery. A deed conferring the fishery on A`s ancestors, a mortgage of the fishery by A`s father, a subsequent grant of the fishery by A`s father irreconcilable with the mortgage particular instances in which A`s father exercised the right or in which the exercise of the right was stopped by A`s neighbors, are relevant facts.
