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

DETINUE-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
entered, 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 by 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.

DURHAM, 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 :

E.

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-

ENTRY:

110.

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.

consent," would that have availed
the tenant without specialty pro-
duced? 106.

When remedy by writ of Entry sine
assensu Capituli, or sine assensu
fratrum is applicable, 210, 218.
Sur disseisin, writs of, 38-42, 114-
120, 120-122, 158.

See ABATEMENT OF WRITS; PLEAD-
ING; RECEIPT.

ERROR:

A writ of Error returnable in the
King's Bench was brought in re-
spect of a presentment in a Sheriff's
Turn. One who, according to the
presentment, was bound to repair
a bridge had been amerced and dis-
trained. He assigned for error
that both heads of the bridge were
within liberties and that therefore
the presentment was coram non
judice. Issue was joined on the
question of fact as to whether the
heads of the bridge were within
liberties or in gildable land, and, the
finding being for the plaintiff in
error, the presentment was quashed
and the Sheriff amerced, 292-308.

ESSOIN:

A tenant who casts an essoin as on
the King's service, and fails to pro-
duce the warrant for it, on the
day given, has made default, 260-

262.

If a case be removed from a Court of
Ancient Demesne into the Court of
Common Pleas, at the instance of a
tenant, he can have an essoin in the
latter Court, 272.

In action of Account essoin lies for de-
fendant before he has found main-
prise, 332.

ESTOPPEL:

The alienation of an incorporeal
hereditament cannot be traversed
in opposition to a fine, though the

ESTOPPEL-cont.

averment be tendered by a stranger
to the fine, 14.

When a demandant has allowed a
voucher, and the parol has demurred
for non-age of the vouchee, and the
demandant afterwards brings a new
original writ, he cannot then counter-
plead the voucher of the same
vouchee, 40-42.

One named as defendant in a writ of
assise of Novel Disseisin, but ac-
quitted of the disseisin found against
other defendants, is not estopped by
the record from pleading in a Scire
facias on a Fine that the plain-
tiff in the assise was never seised
before the fine was levied, though
the Fine be mesne between the
alleged disseisin and the recovery,
42-48.

A fine with warranty having been
pleaded in bar of assise of Novel
Disseisin, the plaintiff replied that
his aunt, whose heir he was alleged
to be, was a bastard, and that he
could not therefore be her heir.
The plaintiff, however, had pre-
viously brought another assise in
which the husband of his aunt was
one of the defendants and had been
vouched to warranty, and had war-
ranted, and in bar of that assise it
had been pleaded that the plaintiff's
father was a bastard. The plaintiff
had thereupon joined issue as to the
legitimacy of his father without
denying the legitimacy of his aunt.
It was therefore objected that, as
the legitimacy of the aunt had pre-
viously been held as not denied, the
plaintiff could not now plead to
bastardise her. There was no ex-
press decision on the point, but
after adjournment the plaintiff was
nonsuited, 48-62.

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

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.

FAIR :

F.

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

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 heirs 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.