Imagens das páginas
PDF

INDEX OF MATTERS.

[ocr errors][merged small]

A.

Abatement Op Wiuth:

(Account.) If a defendant be
brought up by the Sheriff in conse-
quence of process, and the plaintiff
refuse to count, denying the iden-
tity of the defendant but not
alleging any difference of name,
the writ abates, 2.

{Cessavit.) If a pond, the former
site of a mill be deseribed as a
toft the writ is good, and the
tenant, who has, as sole tenant,
taken exception to the deseription,
cannot afterwards plead joint
tenancy in abatement of the writ,
234-238.

(Dower.) When a writ is brought
against two or more persons as
joint tenants or tenants in common,
and it is found that one of them
holds parcel in severalty, the writ
abates, 196-204.

(Entry sur disseisin.) When the
parol demurs for non-age of the
tenant, and the demandant after-
wards sues out a new original writ,
instead of a resummons, the new
original does not abate because
there is a plea pending, 38, 42.

The writ being for the third part of
one knight's fee, the demandant
counted that his ancestor was
seised as of fee and of right, with-
out saying " in his demesne." The
IT 50018.

Abatement Op Whitscont.

count was allowed, but exception
was taken to the writ on the ground
that as, according to the count, the
ancestor was not alleged to have
been seised " in his demesne," he
could not have had an assise in
respect of the disseisin alleged in
the writ. Case adjourned, 120-
122.

(Formedon.) If a demandant admit
that, as to a part of his demand,
there was no gift, the whole writ
abates; but if the tenant first
admit the gift as to part, the de-
mandant may have judgment of
seisin as to that part; and upon
the subsequent admission of the de-
mandant that there was no gift of
the residue, there may be judg-
ment for the tenant as to the resi-
due alone, 4-6.

If A. bring a writ against B. who
wages his law as to non-summons,
and so abates the writ, and A. pur-
chase another writ against B. in
respect of the same tenements, B.
cannot then plead non-tenure in
abatement of the second writ, 222-
224.

If A. bring a writ against B. while
he has another pending against
C. in respect of the same tene-
ments, in which C. is supposed to
be tenant, the writ against B. does
not abate, 224.

If the words of the writ be that the
gift was to B. "et Anastasiir uxori
Z

i

Abatement of Whits—con/.

"ejus, el que post mortem B. et
"Anstancia" &c, the writ abates
because Anstancia is not any name,
as appears by the record, 234.
If the writ be with two Praecipes,
and A. be commanded to render two
parts of a manor, except 60 aeres,
aud B. be commanded to render
one part of the same manor, except
40 aeres, semble that the writ ii
good, and it is certainly made good
if view has been demanded, 318-
322.

(.Novel Disseisin.) A writ purchased
pending a previous writ does not
abate, unless plaint was made in
the previous action so that the
Court could know that the tene-
ments were the same, 2.

The tenant alleged joint tenancy as to
parcel, and the demandant acknow-
ledged it in order to have his assise
of the residue. The writ was held
good as to the residue, 6, 150.

(Pracipe quod reddat.) A writ
brought against John de Clif,
when there are in fact a John de
Clif the elder and a John de Clif
the younger, does not abate for want
of identity, 160.

(Replevin.) A writ brought against
principal and bailiff abated as to
the principal for omission of his
addition of degree, 272, 274.

(Scire facias in the King's Bench.)
If the writ be for execution of
judgment against the persons
named in a writ of assise of Novel
Disseisin, and one of them die, the
writ of Scire facias abates, 152.

{Scire facias on bond.) A writ on a
recognisance in which a testator
was obligor is good if brought by a
Prior, one of his co-cauons, and
another, as executors, though the
co-canou owes obedience to the
Head of his House, 318-320.

Abatement Op Whitsemit.

(Scire facias upon a Fine.) In a
Fine sur done, grant, et render the
cognisee granted to A. for iife, the
reversion being to the cognisee in
tail male, and a remainder to the
coguisee's brother in tail male.
The writ was brought by the son
and heir of the cognisee's brother,
and the recital therein was in the
form that the cognisor and the
cognisee's brother were dead, and
that the cognisee had died without
heir male of his body. Exception
was taken that the names were not
in the same order in the writ as in
the fine, and that the estate of the
cognisee's brother was made to
precede that of the cognisee. It
was held that the writ was good, as
there was sufficient in it, and the
form was not subject to exception
in the case of a writ to have execu-
tion of a judgment, 262-264, 268-
270.

(Scire facias in the Exchequer.) A
writ to show cause in respect of a
farm of a fair to be recovered as
in right of the King is good, 126-
128, 130.

(Trespass.) If a writ be brought
against A. and his wife Margery,
and Margery de B. as feme sole,
and the Margery named as wife
allege that she is Margery de B.,
the writ does not, on that account,
abate, but if she plead that she is
feme sole, and allege a divorce, and
the divorce be denied, a writ will
be sent to the Bishop to certify as
to the fact, 322-330.

(Wardship, Right of.) If the writ be
brought for the wardship of the
person of the heir and the wardship
of the land against A., and it be
alleged and not denied that a lease of
the wardship of the person was
made to A.'s wife while sole, and
Abatement Op Writscont.

A.'s wife be not named in the writ,
the writ abates as to the wardship
of the person, but not necessarily
as to the wardship of the land, 276-
280.

Abbot:

An Abbot has a higher estate than
an estate for life, and cannot have
aid of patron or Ordinary, 208-210,
218.

An Abbot shall not have an Elegit,
nor shall any one have an Elegit
against him, 282.
Abridgment:

Of plaint in Assise of Novel Disseisin,
24-26.
Arsolution:

Letters of Absolution cannot be
granted according to ecclesiastical
law until the person excommuni-
cated has been absolved with
respect to every sentence passed
against him, 156-158.
Account:

The quantity received is matter for
the Auditors and not for the In-
quest, 4.

The action of Account is transitory,
and the plaintifl may count of a
receipt in a county different from
that in which he sued out his
writ, 10.

Action of Account where the defen-
dant had accounted before Auditors
assigned by the plaintiff, who him-
self had the tallies and rolls, 38.

Defendant admitted receipt of part,
and was ready to account in respect
thereof, but in respect of the resi-
due produced an obligation con-
ditioned to be void if the plaintiff
should not be distrained, for services
in arrear, &c, in certain tenements
which he had of the defendant's
feoffment, and alleged that he had
not been distrained. The plaintiff
said that he had been distrained for

Accountcont.

services in arrear. According to
the reports the issue could not be
taken as to the fact of the distress,
but only as to whether any thing
was in arrear at the time of the
feoffment. But according to the
record, in the same or a similar case,
the issue joined was as to whether
any distress had been taken, after
the feoffment, for arrears owing
before the feoffment, 64-66.

Account may not be by parcels, but,
where receipt of parcel is ad-
mitted and reccipt of the residue
denied, the defendant shall not
account for the one part until the
issue has been tried as to the
residue, 66.

Defendant may wage his law as to
receipt of one parcel, and join issue
to the country as to the receipt of
another, 172.

Mainprise in action of Account, 262,
286, 287, note 1.

A. counted that B. had received
money from him to trade, and pro-
duced a deed purporting that B.
and C. received the money and
were jointly aud severally bound as
to the whole sum. It was objected
that the count should have been to
the effect that the receipt was
common. The objection was, ac-
cording to one report waived, ac-
cording to another disallowed, 282-
284, 288.

B. receives money from A. to trade
for a certain time limited by deed.
B. retains the money beyond the
time limited and does not account.
Is he bound to render an account
extending beyond the time limited 'I
The Judges differ. The point is
waived, 284-288.

Essoin aud mainprise in action of

Account, 332.
Writ of, 52.

« AnteriorContinuar »