Imagens das páginas
PDF
ePub

TRINITY TERM IN THE FOURTEENTH YEAR OF
THE REIGN OF KING EDWARD THE THIRD
AFTER THE CONQUEST.

A D. 1340.

Novel

Disseisin.

(1.) § Margery de Totenhale brought an assise of Assise of Novel Disseisin. The plaint was for 40 acres of land and 10s. of rent. One Henry Wiriot answered as tenant, and said that there were only 16 acres of land and 68. 8d. of rent, and as to these he said that he entered by the feoffment of J. Totenhale without tort.-The Assise said that the land put in their view consists of 40 acres of land, and they said that one Mabel, the mother of Margery who brings the assise, was seised of 30 acres and also of the rent for which the plaint is made, and one Juliana held the other 10 acres of the said Mabel for term of life, and that Mabel enfeoffed her daughter Margery the present plaintiff of the 201 acres and of the rent, and granted the reversion of the same 10 acres to the same Margery. On that grant Juliana attorned. And afterwards Margery who brings the assise went into a foreign land, and Juliana died, and J. who is son of a brother of this same Margery, by the advice and with the consent of Henry Wiriote, entered upon all the tenements and the rent, and within six days after his entry enfeoffed this same Henry.-And note that J. was not named in the writ.-SCHARSHULLE (to the Assise). Did he take any profits before he enfeoffed Henry ?—The

1 The numbers are obviously wrong in the text of T. The number of acres viewed was probably 46, the number held by

Juliana 16, and the number of which Margery was enfeoffed 30. See the report of the same case printed next below.

DE TERMINO TRINITATIS ANNO REGNI REGIS

EDWARDI TERTII A CONQUESTU QUARTO-
DECIMO,1

Novæ Dis

come seisina.

et [14 Li.

Ass. 11;

108.]

(1.) § Margerie de Totenhale porta assise [de] no- A.D. 1340. vele disseisine. La pleinte fust de xl. acres de terre Assisa et x. s. de rente. Un Henry Wiriot respondi tenant, et dist qil y sont fors xvj. acres de terre vj. s. viij. d. de rente, et de ceo il dit qil entra par Fitz. feffement J. Totenhale sanz tort.-Lassise dist qe la Assise, terre mys en lour vewes est xl. acres de terre, et disoint qe del xxx. acres une Mabile, miere Margerie qe porte lassise, fust seisi et de la rente auxi dont la pleinte est fait, et une Juliane tient les x. acres de mesme celui Mabile a terme de vie, la quele Mabille de les xx. acres et de la rente feffa Margerie sa feille qest ore pleintif, et granta la reversion de mesmes les x. acres a mesme cele Margerie, par quele graunte Juliane sattourna. Et puis Margerie qe porte lassise ala en estrange terre, et Juliane morust, et J. qest fitz al frere mesme cel Margerie, par le conseil et lassent Henry Wiriote, entra en touz les tenementz et la rente, et deinz les vj. jours apres son entre feffa mesme celui Henry.-Et nota qe J. nest pas nome en le bref.- SCH., al Assise. Prist il ascun profist avant qil feffa H. ?-Lassise dist qe noun.

The reports of this Term are from the Temple MS., the Lincoln's Inn MS., the Additional MS. in the British Museum numbered

U 50018.

25184, and the Harleian MS. No.
741.

2 From T. alone as far as the
pomt at which the larger type

ends.

M

A.D. 1340. Assise said that he did not.-SCHARSHULLE. Did Margery, after her return into this country, or any one for her, make any contention as to the 10 acres?-The Assise. Yes, sir; they are holden in bondage, and some of the bondsmen wished to attorn to Margery when she demanded her rent, and some who sided with Henry did not wish to do so.-SCHARSHULLE. Did Henry disturb her so that she could not have the rent ?-The Assise. Yes; and as to the rest, so that she could not enter. And they said that it seemed to them that it was a disseisin. -SCHARSHULLE. So it seems to us.-Wherefore ALDEBURGH adjudged that the plaintiff should recover seisin, and her damages. And note that the recovery, be the plaint for more or for less, shall in assise be according to the view of the jurors, so that the plaintiff may by the making of a larger view recover more than he demands, and contrariwise.-And note that it seemed to the COURT that the first entry was a disseisin effected by Henry, that is to say, of so much as the plaintiff had obtained by the feoffment of her mother, for J. entered with his consent and freshly enfeoffed him, so that by law all may be adjudged to be his act.

In an assise of

Novel Dis seisin the

case was that tene

ments were

leased to one for

§ A woman brought an assise of Novel Disseisin against Henry Willyot, and made his plaint in respect of 40 acres of land, 7s. 24d. of rent, &c.-Henry came and said that he had entered into the tenements by the deed and feoffment of one J. de T. without tort, &c.-Wherefore the assise was awarded and taken. -And the Assise said that the tenements put in view were 46 acres of land, and saidf that the plaintiff's mother enfeoffed the plaintiff of the whole, except 16 acres. And they said, as to the 16 acres of land, that the plaintiff's mother leased them to one being to a for term of life, rendering to her a certain rent by the year, and stranger. that the mother granted the reversion of the same 16 acres of After the land to the plaintiff, and the tenant attorned. And afterwards the plaintiff went out of the country, and because it was under(the tenant stood that she was dead, her brother's son, that is to say this

term of life, the reversion

death of the woman

for life)

the

stranger's

cousin en

tered and enfeoffed

SCH. Fist Margerie, apres son. revenir en pais, ou A.D. 1340. ascun homme pur lui, ascun debat en dreit de les x. acres?-Lassise. Sire, oyl; cest tenu en bondage, et ascuns des bondes voleint aver attourne a Margerie qaunt ele demanda sa ferme, et ascuns qe furent del assent H. ne voleint pas.-SCH. Destourba H. qele ne poait pas aver la ferme?-Lassise. Oyl, et del remenant, qele ne poet entrer. Et disoint qe semble a eux qe ceste une disseisine.-SCH. Issi semble a nous. -Par quei ALD. agarda qe le pleintif recoverast et ses damages.-Et nota qe le recoverir, soit la pleinte de pluis ou meyns, serra en assise par vewe des jurours, issi qe le pleintif poet par pluis large vewe faire recoverir pluis qil ne demande, et e contra.-Et nota qe la COURT sembloit qe le primer entre fust disseisine fait par H., saver de taunt come la pleintif avient par le feffement sa miere, qar J. entra par son assent, et frechement lui feffa, issi qe par ley tout poet estre ajuge son fait.

2

5

Disseisine

§ Une femme porta une assise de novele disseisine vers En un Henre Willyot,3 et fit sa pleinte de xl. acrez de terre, assise de vij. s. ij. d. et ob. de rente, &c.-Henre vint et dit qil fut Novele entre en lez tenementz par fait et feffement un J. de T. tenementz saunz tort, &c.-Par quei lassise fut agarde et prise, qe dit furent qe lez tenementz mys en vouwe furent xlvj. acrez de terre, lessez a un homme a et dit qe tut estre xvj. acres la mere le pleintif enfeffa le terme de pleintif, et quant a lez xvj. acres de terre mesme la miere sa vie, la lez lessa a une homme al terme de sa vie, rendant a luy cer- reversion a teyn rente par an, et dit qe mesme la miere granta la rever- un ession de mesmes les xvj. acres de terre al pleint if, et le tenant trange, ou attourna. Et pus le pleintif sen ala hors de pays, et, pur ceo qe homme entendi qele ust este mort, le fitz son frere,

1 This report of the case is from L. and 25184. The marginal abstracts of reports from those MSS. throughout the term are from L. alone.

2 L., un bref.

cest

le cosyn

lestrange, apres la mort la femme entra et

vuy Wyllyot, instead of Henre enfeffa un Wyllyot.

4 25184, Hervuy.

5 The words agarde et are not in

L.

6 L., xl.

[blocks in formation]

aultre, et

The feoffor

entered

upon the alienee ;

rever

sioner,

A.D. 1340. same John de T. (through whom H. supposes his entry to have
another, been) entered as cousin and heir, and that by the advice and
and that a direction of H., and afterwards enfeoffed the same H. and made
stranger. a charter in his favour. Afterwards the tenant for term of life
died. The died, and H. entered upon the 16 acres of land. And afterwards
reversioner the plaintiff returned to the country, and came, and would have
entered upon the tenements and taken the rent, but H. would
not permit her. And the Assise prayed the discretion of the
the alienee Court.-SCHARSHULLE. When she returned to the country, did she
ousted the make any contention as to the tenements which the tenant held
for term of life, after the death of this same tenant, or was she
seised of those tenements ?-The Assise. When she returned she
entered upon H., and he immediately ousted her. -SCHARDELOWE.
To what damages, if the Court shall adjudge that there was a
disseisin ?-The Assise. 1007.-SCHARSHULLE. Did this J., who first
entered and then enfeoffed H. take any profits before the feoff-
ment.-The Assise. No, Sir, for the feoffment was made within a
week after the entry, and since then H. has taken the profits.--
was right, Gayneford said that the writ was abated because there was no
disseisor named in the writ, for if any one was a disseisor it was
John and not H., &c.-On the morrow SCHARSHULLE adjudged
awarded to that she should recover her seisin and her damages, &c.
the plain-
tiff, &c.

who brought the assise and re

covered, as

appears below. And this

and seisin

of the land

was

In an assise of Novel Disseisin damages

were not awarded,

(2.) The Master of the House of the Hospital of Saint John of Jerusalem in England brought an assise of Novel Disseisin, and complained in respect of a place which contained 40 feet in length and 30 feet in breadth, &c. The tenant did not come, whereas appears fore the assise was taken by default of the tenant. below, The Assise said that the place put in their view was the tenant only 9 feet in length and 6 feet in breadth, and that the plaintiff had been seised and disseised.ALDEBURGH. To what damage.--The Assise. Sir, to no damage, for the tenant has improved the place by building on the same place.--ALDEBURGH. Then he

because

had well

built upon

the same place, during the

[ocr errors]
« AnteriorContinuar »