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the

DEFAULT-cont.

not, the demandant will recover the
moiety, 170-172.
There were four defendants in an

action of Dower, of whom two made
default after default. The other two
pleaded tenure in severalty as to a
moiety of the whole demand and
two thirds of the other moiety.
Seisin was prayed of the remaining
third of the second moiety, but was
not adjudged ; judgment as to the
whole was suspended until after
verdict on the question of tenure in
severalty; and if tenure in severalty
were found the writ would abate

altogether, 196–204.
If tenant cast an essoin as being on

the King's service, and fail to pro.
duce the warrant for the essoin on
the day given, it is a default, and
judgment is given for the deman-

dant, 260–262.
DEFEASANCE. See DEBT.
DEMESNE :

Question as to the effect of the omission

of the words “in his demesne”
from the count, when in Entry sur
disseisin the ancestor is alleged to
have been seised, as of fee and of
right, of a third part of a knight's

fee, 120-122.
DEMISE OF THE KING :

How expressed in the case of Ed.

ward II., 26, note 2.
DETINUE :
Where issue was joined as to the fact

of detaining sheep, and the detinue
was found, the Jury was asked as to
the value ; and, some of the sheep
having died, pending the action,
judgment was given for the plaintiff
to recover the whole number of
sheep of the value found, and dam-

ages as taxed by the Jury, 34.
Execution for damages in action of

Detinue of chattels cannot be had!

DETINU E--cont.

in lands aliened between verdict

and judgment, 206-208.
DISTRESS. See REPLEVIN; TRESPASS.
DIVORCE :

If a writ be brought as against hus-

band and wife, and the husband
plead on behalf of both, and the
wife object to the plea, alleging
that she is a feme sole by reason
of a divorce, and the divorce be
denied, a writ must be sent to the
Bishop to certify as to the fact,

322–330.
DOUBLE PLEA :

In objecting that a plaintiff ought

not, as an outlaw for felony, to be
answered, two records may be
alleged, and the defendant is not

compelled to hold to one, 124.
DOWER:

The tenant produced a part of a fine

sur done grant et render, and pleaded
that, before the marriage, the hus-
band acknowledged the tenements
to the cognisee, and took back an
estate to himself for life, remainder
to the tenant in fee. The deman-
dant was, notwithstanding, admitted
to the averment that the husband
was seised so that he could endow,
and the plea of the tenant was not

eptered, 8–10.
To a demand of dower it was pleaded
that the tenant's predecessor had
recovered against the husband's heir
by writ of Entry sur disseisin. The
demandant tendered the averment
that the husband was seised so that
he could endow. It was objected
that this could not be admitted in
opposition to the verdict, but it was
replied that the verdict bound only
parties and their heirs. Afterwards
the averment was accepted gratis,

72.
An action of Dower was brought

against four persons. Two made

DOWER-cont.

default. The other two (one a
widow, the other an infant) pleaded
in abatement of the writ. The
widow alleged that she held a
moiety of the demand in dower and
in severalty, and a third part of the
other moiety by purchase in sever-
alty. The infant alleged by guar-
dian that he held another third
part of the second moiety in sever-
alty by inheritance. Seisin was
prayed of the third part of the
second moiety as to which no an-
swer had been made. · It was
adjudged that a recovery per my et
per tout could not be had of that
third part being in the tenancy of
the two who appeared as well of the
two who made default, when the two
who appeared pleaded in abatement
of the whole writ. Issue was
joined on the question of tenancy
in common or otherwise, and, in
the event of a finding of tenancy in
severalty, the writ would abate as

to the whole, 196–204.
Where dower was claimed of services

of gavelkind lands, and the seisin
of the husband was denied, but it
was found hy verdict that the hus.
band was seised after the marriage,
no enquiry was made as to whether
the husband died seised, because he
had discharged the services by

release, 238-240.
It was pleaded in bar that the deman-

dant had received dower of tene-
ments which had passed by ex-
change, and upon the replication
that the exchange was not of the
tenements in demand, issue was

joined as to the fact, 276.
DURIAM, THE BISHOP OF :

Has original writs in his own court,

and can as lord of the Palatinate
send a writ to himself as Ordinary
to try a question of bastardy, 292.

| ELEGIT :

Tenant by Elegit has a higher estate

than tenant for years, and the rules
against aid-prayer or pleas in dis-
charge of the freehold which are
applicable to the latter are not

applicable to the former, 254-260.
An Abbot shall not have an Elegit,

nor shall any one have an Elegit

against him, 282.
Where, in Scire facias to have exe-

cution on a recognisance, the de-
fendant made default, the plaintiff
had an Elegit in respect of that
which became due pending the suit
as well as in respect of the rest,

282.
| ENTRY, CONGEABLE :

A lessor, who may, according to a

lease for life, re-enter if the rent is
in arrear, commits a disseisin if he
enters when he has already dis-
trained for the rent, 84.
A reversioner whose case is not within

13 Ed. I. (Westm. 2) c. 3, and who
cannot therefore be admitted to
defend his right, may enter upon
the tenant for life when there is
reason to suppose that the latter is
acting collusively with a demandant
in a Præcipe quod reddat. (Per
Shardelowe, J.) Sed quære, 106-

110.
ENTRY:

Sine assensu Capituli. The tenant

traversed the alleged entry by lease
of the demandant's predecessor,
and, upon issue joined, the Jury
found that the tenant did so enter.
The Jury were asked whether with
or without the consent of the
Chapter, and said without. Judg-
ment for the demandant. And
quære, if the Jury had said " with

ENTRY-cont.

| ESTOPPEL-cont.
consent," would that have availed

averment be tendered by a stranger
the tenant without specialty pro-

to the fine, 14.
duced ? 106.

When a demandant has allowed a
When remedy by writ of Entry sine

voucher, and the parol has demurred
assensu Capituli, or sine assensu

for non-age of the vouchee, and the
fratrum is applicable, 210, 218.

demandant afterwards brings a new
Sur disseisin, writs of, 38–42, 114-

original writ, he cannot then counter-
120, 120-122, 158.

plead the voucher of the same
See ABATEMENT OF WRITS; PLEAD-

vouchee, 40-42.
ING; RECEIPT.

One named as defendant in a writ of
ERROR:

assise of Novel Disseisin, but ac-
A writ of Error returnable in the

quitted of the disseisin found against
King's Bench was brought in re-

other defendants, is not estopped by
spect of a presentment in a Sheriff's

the record from pleading in a Scire
Turn. One who, according to the

facias on a Fine that the plain-
presentment, was bound to repair

tiff in the assise was never seised
a bridge had been amerced and dis-

before the fine was levied, though
trained. He assigned for error

the Fine be mesne between the
that both heads of the bridge were

alleged disseisin and the recovery,
within liberties and that therefore

42-48.
the presentment was coram non

A fine with warranty having been
judice. Issue was joined on the

pleaded in bar of assise of Novel
question of fact as to whether the

Disseisin, the plaintiff replied that
heads of the bridge were within

his aunt, whose heir he was alleged
liberties or in gildable land, and, the

to be, was a bastard, and that he
finding being for the plaintiff in

could not therefore be her heir.
error, the presentment was quashed

The plaintiff, however, had pre-
and the Sheriff amerced, 292–308.

viously brought another assise in
ESSOIN :

which the husband of his aunt was
A tenant who casts an essoin as on

one of the defendants and had been
the King's service, and fails to pro-

vouched to warranty, and had war-
duce the warrant for it, on the

ranted, and in bar of that assise it
day given, has made default, 260-

had been pleaded that the plaintiff's
262.

father was a bastard. The plaintiff
If a case be removed from a Court of

had thereupon joined issue as to the
Ancient Demesne into the Court of

legitimacy of his father without
Common Pleas, at the instance of a

denying the legitimacy of his aunt.
tenant, he can have an essoin in the

It was therefore objected that, as
latter Court, 272.

the legitimacy of the aunt had pre-
In action of Account essoin lies for de-

viously been held as not denied, the
fendant before he has found main-

plaintiff could not now plead to
prise, 332.

bastardise her. There was no ex-
ESTOPPEL :

press decision on the point, but
The alienation of an incorporeal

after adjournment the plaintiff was
hereditament cannot be traversed

nonsuited, 48–62.
in opposition to a fine, though the Exchange. See DOWER.

EXECUTION-cont.

the lands so aliened, because it is by
the judgment that the lands would
be charged, 206-208.
See SCIRE FACIAS; STATUTE MER-

CHANT.
EXECUTORS :

An executor is sued in Account by

the devisee as his receiver by the
hands of the testator. Plea of

satisfaction, 8.
Acquittance by an executor barred

the heir in a case in which one
entered into an obligation to the

testator and his heirs, 94-100.
A canon in a religious House, though
owing obedience to the Head of the
House, may be executor, and may
sue as executor, but he must sue
with the Head of his House, and
so also a feme covert who is execu-
trix must sue with her husband,
318-320.

ExchEQUER :

The Exchequer has jurisdiction in the
matter of the farm of a fair to be
recovered as in right of the King,

126-128, 130.
EXCOMMUNICATION :

If a Bishop certify only that he is

apprised by letter of his Officer that
a person is excommunicated, the
letter not being of record, the certi-
ficate does not disable the person

excommunicated, 70.
A person under several sentences of

excommunication, and absolved
with respect to one, shall not, ac-
cording to ecclesiastical law, receive
Letters of Absolution, until he has
been absolved with respect to all,

156-158.
A certificate of excommunication

under the seal of one who is dead
will disable the person excommuni-
cated if sent to the King's Court
and enrolled there during the life-
time of the deceased, but semble
not if produced in Court for the
first time after the death, 226-

228.
EXECUTION:

An Abbot having in an action of

Waste had judgment to recover the
place, with treble damages, could
not have execution for the damages
immediately, when execution was
stayed for enquiry to be made as to
collusion, because execution shall
not be by parcels, and because, if
collusion were found, he would not

have the damages, 102-104.
Execution under Stat. Glouc. c. 1,

against ter-tenants, for damages,
upon judgment in assise of Novel
Disseisin, when the disseisors are

insufficient, 150–154.
If a verdict be given against a de-

fendant for debt or damages, and he
aliene his lands before judgment be
given, execution cannot be had in

Fair :

A fair was granted to an Abbot and

Convent and their successors, for
eight days following Easter Day,
the residue being reserved to the
King and his heirs. The residue
was subsequently granted to the
same grantees at a certain rent, of
which rent or farm the grantees were
to be quit in respect of any time
during which the fair should not be
held by reason of war. It was held
that this exemption applied only to
war in the King's realm, and not to
a war carried on by the English
against the French on foreign soil,

126-132, 127, note 7.
The Court of Exchequer has jurisdic-

tion in respect of the farm of a fair

FORMEDON:

In the Reverter, 282.
See ABATEMENT OF WRITS; PLEAD-

ING; VOUCHER.
FRANKALMOIGN:

If the King give lands in frankalmoign

to a religious House which is not of
the foundation of himself or of his
progenitors, he does not thereby
acquire any right to nominate to a
corody, 308-315.

G.

GRACE, DAY OF:

When the King is a party, it is an

offence against the law to give a
day of grace to the opposite party,

102.
GRAND SERJEANTY :

Lands held by Grand Serjeanty were

forfeited, at common law, by aliena-
tion without license, 146.

FAIR-cont.

to be recovered as in right of the

King, 126-8, 130.
Assise does not lie for the farm of a

fair, 128, 130.
FALSE LATIN :

Specimen of, and exception taken on

the ground of, 136-138.
FIERI FACIAS :

False return to, 238.
FINE OF LANDS, &c. :

Lessor having leased for his own life

to A. and the beirs of A. can grant
the reversion by fine, 158.
A fine was inadmissible because, as

to parcel, holden in capite there was
a variance between the license to
aliene and the writ of Covenant,
and because, as to the residue, the
wife was not named in the writ
when the render ought to have

been by husband and wife, 176.
In a Scire facias to have execution

of a fine sur done, grant, et render,
exception was taken that the cog-
nisee had, in his grant and render,
reserved a less estate than the fee
which had vested in him, 264-266,

270.
FORFEITURE :

At common law, and before the Stat.

1 Ed. 3, Stat. 2, c. 12, whatever was
held of the King in capite was
forfeited upon alienation without

license, 12, 144-146.
If A. hold for life jointly with her
husband, and after the husband's
death their son and heir incur a
forfeiture for treason, and the King
grant the reversion or remainder
to B., A. must attorn to B., but it is
otherwise if A. hold in special tail

with her husband, 314-316.
FORFEITURE OF MARRIAGE :

Issue joined as to the age of the

defendant at the time of the tender,
and Quare as to the venue, 42.

H.

HABEAS CORPUS:

To have the body of one imprisoned

at the suit of obligee in Statute

Merchant, 204.
HALF-BLOOD :

Described as branch-blood, 116.

When excluded from inheritance, 120.
HEIR:

The heir is barred by an acquittance

of an executor in an actiou of Debt,
though brought upon an obligation
in which one was bound to the

testator and his heirs, 94-100.
| HOSPITAL:

The Master of a Hospital, who is

elected by his fellow-brethren and
holds in right of the Hospital, has
a higher estate than an estate for
life, and cannot have aid of patron
or Ordinary, 208-210, 218.

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