A.D. 1340. (22.) § Note:-Formedon in the Reverter by several Formedon. Præcipes. The words of the writ were quas Willelmus Wyne dedit Willelmo filio Stephani de Tychemershe, "et Anastasiæ uxori ejus, et quæ post mortem præ"dictorum Willelmi filii Stephani et Anstancia," so that a letter a was wanting in the name of Anastasia. For that reason the whole writ abated. In a Cessavit it was said the tenant pleaded in of the writ, as appears (23.) The Earl of Lancaster brought a writ of Cessavit against R. and W., and demanded a toft, &c.that inas- Gayneford. That which you demand by the name of much as toft is a fish-pond, where formerly was the site of a had mill; judgment of the writ. - SCHARSHULLE. Plead abatement something else.-Gayneford. R. tells you that he has nothing in this tenancy, nor had anything on the day of the purchase of the writ, except jointly with Alice below, he his wife who is not named in this writ; judgment &c.should not Pole. You shall not be admitted to that, for you have pleaded as sole tenant in abatement of the writ; wherefore &c.; for, if you were now to demand the view, I should oust you from it by your first plea.-W. Thorpe. Our exception was at first to your demand, and from that exception we have been ousted by judgment; wherefore we are now free to plead in abatement of the writ; for if we had not relied at all upon our first exception, but had pleaded in this way—that which you demand by the name of toft is a fish-pond, and in that be ad mitted to allege joint tenancy. donationis. (22.)1 § Nota :-Forme doun en le Reverter 2 par A.D. 1340. plusours Præcipes. Le bref fust "quas Willelmus Forma Wyne dedit Willelmo filio Stephani de Tychemershe, "et Anastasiæ uxori ejus, et quæ post mortem præ"dictorum Willelmi filii Stephani et Anstanciæ," issi qun a faillist en le noun Anastasia. Par quei tout le bref a la terre. 4 vit si fut pleda en mye res A ceu dalegsoul ger joyn tenance (23.) 5 § Le Counte de Launcastre porta un bref de En CessaCessavit devers R. et W., et demanda un tofte, &c.- dit qe pur Gayn. Ceo qe vous demandez par noun de tofte ceo ceo qe il est un estang, ou jadis fut une site de moleyn; juge- abatement. ment de bref. — SCHAR. Ditez altre chose. Ditez altre chose. Gayn. de bref, ut putet R. vous dit qil nad rien en cel tenance, navoit jour inferius, de bref purchace, si noun joynt ov Alice sa femme il ne fust nynt nomme en ceo bref; jugement,' &c.-Pole. ceo navendrez vous mie, qar vous avez com tenant plede en abatement du bref; par quei, &c.; si vous demandassez ore le vew, jeo vous ousteray par vostre primer plee.-W. Thorpe. Nostre excepcion fut a primes a vostre demande, et del chalange sumes ouste par agarde; par quei ore nous sumes a large de pleder en abatement du bref; qar si nous ussoms rien reposse sour nostre primer chalange, eynz ussoms dit issi 10-ceo qe vous demandez par noun de tofte cest un estang, et en cel nous navoms rien si non 9 qar,. . . . . A.D. 1340. we have nothing except jointly &c.-it would have been a good plea, and we should have had it; so also here.STONORE. What you say is true, but you did rely upon that. And suppose we had allowed your exception, and the other party had maintained his demand by averment, and the finding had been against him, and we had therefore abated his writ, or suppose he had been unable to deny your exception, and we had abated his writ, and he had newly purchased against you alone a writ to demand the fish-pond, I say that in either case you would not abate the writ on the ground of joint tenancy, for you have pleaded solely to his writ as tenant; wherefore &c.-PARNING. He was ousted by the Court from his first exception as being one which was of no avail to abate the writ; it is, therefore, just as if he had not answered at all, for that which he said was not an SCHARSHULLE. Though that was not an answer which was of any avail, nevertheless his mouth is stopped by his own supposition, so that he shall not say the reverse of his own supposition. Cessavit, demand was in a toft, and the de answer. The Earl of Lancaster brought a Cessavit against where the R. and W. in respect of a toft.-Gayneford. W. has nothing; and R. tells you that what he calls a toft is the respect of site of a mill and a dry pond, so the demand should be for a certain quantity of land; judgment of the writ.— fendant This exception was not allowed.-Gayneford. Then we the site of tell you that R. has nothing except in right of his wife, a mill, &c. and the wife is not named; judgment of the writ.Pole. You shall not be admitted to that, for you have And then pleaded as tenant.-Gayneford. If I had at first taken he said that the exception which I now take, I should not have been said it was And this was not allowed. he had nothing but in right of his wife. Quære whether he shall be admitted. admitted to take the other afterwards, and I never pleaded as tenant.-STONORE. If the demandant had admitted your exception, and the Court had abated his writ, would he not have had [afterwards] a good writ joynt, &c.1-ceo ust este bon plee, et nous lussoms eu; A.D. 1340. auxi yci.-STON. Vous ditez verite, mes vous reposatz la. Et mettez qe nous ussoms. alowe vostre chalange, et lautre ust mayntenu sa demande par averement, et trove eust este encontre luy, par quei nous ussoms abatu son bref, ou qil ne pout aver dedit vostre chalange, et nous ussoms abatu son bref, et frechement i ust purchace vers vous soul bref a demander lestank, jeo die qen lun cas et en lautre vous nabaterez mye le bref par joyntenance, qar vous soul avez plede a son bref cum tenant; par quei, &c. -PARN. De sa primere excepcion il fut ouste par la Court auxi cum de ceo qe rien ne valust al bref abatre; donqes est il auxi com il nust rien respondu, qar son dit ne fut my respons.-SCHAR. Coment qe ceo ne fut mye respons que valust, jatardeis par son supposer demene sa bouche est estope qil ne dirra mye le reverse de son supposer demene, &c. ou la de et le defendant fut le site Le Count de Lancastre porta Cessavit vers R. et Cessavit, W. dun toft.-Gayn. W. nad rien; et R. vous dit, ou ceo qil apele touft cest le sit dun molyn et un estank dune tofte sek, issi serreit la demande de certeine quantite de terre; jugement du bref. Non allocatur. - Gayn. dite qe ce' Donqes vous dioms qe R. nad rien fors de dreit sa dun molin, femme, la femme nient nome; jugement du bref. &c. Et non Pole. A ceo ne serrez resceu, qar vous avez plede Et puis il come tenant.-Gayn. Si jeo usse primes done lex- dit qil nacepcion qe jeo doune ore, jeo nusse pas este resceu mes cum daver done lautre apres, et jeo ne pleda unqes come de dreit sa tenant. STON. Si le demandant ust conu vostre Quare si excepcion, et Court ust abatu son bref, ne ust il eu 1 In L. the word et is inserted after &c. 2 L., mesqe. 3 L., en quel, instead of ou qil. 4 L., qe. 5 L., ne, instead of et en. allocatur. vat rien femme. il serra resceu. A.D. 1340. against you as tenant?-Thorpe. I say he would not, Recogni- for we should abate the second writ by the plea which we plead now. sance made by A. and B. his wife, Sheriff was amerced because the land (24.) § Note that a recognisance on a Statute Merwhere the chant was made by a man and his wife to W. Denne, who sued execution, &c. The Sheriff returned that the husband had lands, which were extended but not extended delivered, and that the wife was dead, and had no land. And because he had not delivered &c. he was amerced; and he was commanded to deliver the husband's land. the land of Quare whether the wife's land could have been delivered in this case. was not delivered. But quære whether the wife could be delivered. to a Fieri (25.) § Note that to a Fieri facias the Sheriff returned Note that that he had levied 20s. which he did not dare to send facias the for fear of robbery; and he said that the defendant Sheriff rehad neither lands nor chattels on which more could be turned that he had levied, and that he had delivered the 20s. to the plaintiff. Gayneford said that his return was entirely false, and prayed a writ to the Coroners to cause him to come to them; and answer for his false return; and he had it.—And the a writ is- Sheriff was in mercy because he had not the money Coroners which he levied. levied 20s. and did not dare send sued to the to cause him to and he was had not the money. where the (26.) § Dower of reapings, mowings, threshing of corn come, &c., &c., as appears in Michaelmas Term in the 13th year,1 amerced where the tenant was ousted from the view, because the because he husband had released to him, and afterwards pleaded that the husband was never seised &c. It was now Dower, found by the Inquest that he was seised after the tenant was marriage. And ALDEBURGH would not enquire whether ousted he was seised of all the services for which the demand was made, because the tenant was at one with the cause the demandant that there was so much and such land; and released to he did not enquire whether the husband died seised.— Quare whether it was because the demandant did not pray it, or because the woman pleaded that the husband from the view be husband to him. And ALDE BURGH would not enquire whether 1 ́1 Y. B., M. 13, E. 3, No. 53. |