In Detinue, where the Jury found that sheep had been detained and stated the value, and where some of the sheep died, pending the action, judgment was given for the plaintiff to recover the whole num- ber of sheep of the value stated, and damages as taxed by the Jury, 34.
Upon writ of Right, where vouchee warranted, and joined the mise, and afterwards made default, judgment was given for the demandant to recover to him and his heirs for ever against the tenant, quit of the tenant and of the vouchee and of their heirs for ever, and for the tenant to recover over to the value against the vouchee, 104.
In action of Mesne, where the ver- dict was that the defendant had
JUDGMENT-cont.
acquitted the ter-tenants, except only the father and grandfather of the plaintiff, each of whom had brought an action of Mesne and died, pending the plea, judgment was given, inasmuch as no laches was shown in the tenants, for the plaintiff to recover his acquittal of services with damages. The judg- ment was affirmed upon writ of Error in the King's Bench, 124- 126.
When the record of a judgment is
pleaded, it is held in law that the judgment has been executed, 212,
The jurisdiction respectively of the King's Courts and of the Ecclesi- astical Courts with regard to Ex- communication and Letters of Absolution, 156-158.
A Sheriff has no jurisdiction in his Turn with respect to the repair of a bridge of which both heads are within liberties, 292–308.
A writ of Error, returnable in the King's Bench, having been sued in respect of a presentment in a Sheriff's Turn, as to the repair of a bridge, jury-process issued to the Sheriff to cause four men from each of the townships nearest to the bridge to come. They and the Sheriff appeared, and issue being joined as to whether the two heads of the bridge were in gildable land (the Sheriff asserting upon their information that this was so) or in liberties without the Sheriff's jurisdiction, jury-process issued to the Coroners to cause a jury to come ad recognoscendum, or, as elsewhere stated, ad inquirendum plenius veritatem, 292–308.
The King directs the Justices of the Common Pleas to seek evidence in his favour when the tenants plead in a Per quæ servitia that the tene- ments holden of him in capite had been granted over to his son to whom they had attorned, 80-82. The King's request may be refused,
though his command may not be opposed; and the Head of a reli- gious House which is not of the foundation of the King or his pro- genitors may refuse to admit his nominee to a corody, even though previous nominees may have been admitted upon request and by courtesy, 308-315.
See DEMISE OF THE KING; GRACE, DAY OF; QUARE IMPEDIT.
Mainprise for appearance in action of Account, and Capias against main- pernors upon failure to produce the body of the defendant, 286, 287, note 1.
Mainprise after commitment to the
custody of the Marshal by the Court of King's Bench upon Bill of Trespass, 330. Defendant in action of Account is not required to find mainprise in the absence of the plaintiff, 332.
Commitment to the custody of the Marshal by the Court of King's Bench on Bill of Trespass, and subsequent mainprise, 330.
Mortuo mandatore expirat ejus man- datum, 228.
Outlawry on Appeal of, 226.
A writ of Mesne was brought by two husbands and their wives as in right of the wives. It was alleged on the other side that, while the tenancy was supposed by the writ to be in common, the two moieties were in fact held respectively in severalty. It was replied that it had not been shown that the seignory of the lord paramount was not entire. But it was held that, as the tenants might have become entitled by several purchases, in which case the tenancy and the seignory would be severed, it was necessary to show parcenary specially in order to main- tain the writ, 112-114.
Judgment for recovery of acquittal of services, with damages, 124-
"uxori ejus, et quæ post mortem "prædictorum B. et Anstanciæ,” &c. the writ abates, because the word Anstancia does not signify any name, 235.
A writ of Replevin abated as to one whose addition of degree was omitted, 272, 274.
MORT D'ANCEStor, Assise of :
If the tenant traverse one only of the points of the writ, the others shall be held as not denied, 54. In Mort d'Ancestor, brought on the seisin of the father, the deed of the grandfather is a bar, though the deed of the father is not, 134. MORTMAIN. See ADVOWSON.
NOVEL DISSEISIN, ASSISE OF: Trial of bastardy in, 54. Pleadings as to title in, 54. Defendant pleaded that a lease had been made to the plaintiff for life, so that there might be re-entry whenever the rent should be in arrear, and that he had, as heir of the lessor, entered for rent in arrear. The plain- tiff alleged that the defendant had already distrained for the rent. Issue was joined on this, and, as it was found that the defendant had distrained, the ouster by him was held a disseisin, and, without enquiry over except as to the dama- ges, it was adjudged that the plain- tiff should recover seisin, 84. The question of the sufficiency of the disseisors to pay damages ought to
NOVEL DISSEISIN, ASSISE OF-cont. be put to the assise, if the plaintiff so prays, and, if it has not been put before verdict, the assise should be brought back by writ to certify on the point. Per Willoughby, Ch. J., 152.
There may be a Scire facias for exe-
cution of judgment, though only forty days may have elapsed, if the record have been removed from the country into the King's Bench,
The plaintiff in assise had gone out of the kingdom and was reputed dead. Her nephew entered and enfeoffed one H. (with the advice and consent of H.) who was made defendant in the assise, the nephew not being named in the writ, and not having taken any profits. Upon her return to the country she was prevented by H. from entering upon part of the tenements, and when she en- tered upon another part she was ousted by H. Judgment was given for the plaintiff with damages, and it was held that the disseisin might be adjudged to be the act of H., 164-168.
Recovery in assise is according to the view of the jurors, and may, accor- ding to the view, be either of a greater or of a less quantity than the demand, 166.
No damages are awarded if the tenant improve the place by building dur- ing the disseisin, 168-170. For rent, 182-196.
Forms of plaint for rent charge, rent service, and rent seck, 182.
Plea of hors de son fee in assise for rent, 182, 192.
A recovery in assise will give a title
as between grantor and grantee, where the grantor has made a grant of rent which is void in law, and has not attempted to defeat the
Estate of, as tenants paravail, in re- lation to the seignory of the lord paramount, 112-114.
See DEBT. PARTITION. See DEBT. PER QUE SERVITIA :
Question (waived) as to reservation of seignory by terms of a deed, and question (undecided) as to whether the tenant was bound to attorn to one who was insufficient to warrant and acquit him of services, when the cognisor was previously bound to warrant and acquit him, 72-74. The Justices are directed to search for evidence in the King's favour when the tenants plead attornment to his son, to whom, as they alleged, the tenements which were held in capite had been granted, 80-82.
Where, in assise of Novel Disseisin, the plaint was for land and rent against several defendants, and the tenant of the land pleaded that he TT 50018.
was in by virtue of a recovery, and another as tenant of parcel of the land out of which the rent was supposed to issue pleaded in bar of assise, the plaintiff abridged his plaint for the rent, and the assise was awarded in respect of the land alone, 24-26. See ABATEMENT OF WRITS. PLEADING:
When a defendant stands at the bar in respect of one action, the plaintiff may count against him in respect of another action, and have judg- ment against him when he does not answer, but not unless he has answered as to the former action, and not unless there be no variance in the description of him between the two writs, 62-64. (Account.)
If the defendant ac- knowledge a receipt to the common profit of himself and the plaintiff, he must plead it with an absque hoc that he received to the plaintiff's particular profit, and this shall be entered on the roll, 6-8. (Aiel.) If recovery in assise of Novel Disseisin or other possessory action had against the grandfather be pleaded in bar of the action of Aiel, it is not sufficient for the demandant to reply that the grand- father died seised, but he must show by what title. If, however, he show title, he is not compelled to show how the recoveror in the pre- vious possessory action was divested of his possession, 210-222. A deed of demandant's father was pleaded which recited lease for years by his grandfather to tenant, and confirmed to tenant in fee. Issue joined on replication of non est factum, 330-332. (Cessavit.) If a tenant plead as sole tenant in abatement of the writ, and his exception be disallowed, he
cannot afterwards allege joint- tenancy. Sed quære, 234–236.
It was pleaded that the demandant had disseised the tenant, and issue was joined on that question of fact, 334. (Entry sur disseisin.) Where the disseisin is supposed to have been effected on the ancestor of the demandant, and the tenant pleads in bar a feoffment made to him by the same ancestor with warranty, this is regarded as only a traverse of the writ, and issue is joined as to the disseisin supposed by the writ, 94.
The disseisin was alleged to have
been effected on the demandant's cousin, and in the count the resort was made from the cousin to the cousin's uncle, and the descent from the latter to the demandant. It was pleaded that the cousin's father had other issue two daughters, of whom one was living and the other had living issue, and there- fore that the action did not lie for the demandant. It was replied that the cousin's father had no other issue by the same venter, whereupon issue was joined, 114-
(Formedon in the Reverter.) The tenant pleaded a deed by which the supposed donor aliened to the demandant in fee simple, and the demandant was not allowed to aver the gift in tail, but was compelled to answer as to the deed, though it was pleaded by a stranger, 282. (Quare impedit.) The King's title to present being founded upon seizure following an alleged alienation, with- out license, of an advowson held in capite, the alienation was denied. A fine was produced to show the alienation, and, although the defen- dant was a stranger, he was not
admitted to an averment traversing the alienation, because (per Wil- loughby, Ch. J.) the words passing an incorporeal hereditament by fine bind both privies and strangers, and because he did not show the seisin of another by a presentation or that any one had since become the King's tenant with license, 14,
If A. brings Quare impedit against B., when B. has Quare impedit pending against A. in respect of the same church, A. can require B. to count against him, and this is so equally whether the church be or be not described by the same name in both writs. Per Sharshulle, J.,
See ABATEMENT OF WRITS; AID- PRAYER; ATTORNMENT; DOUBLE PLEA; ESTOPPEL; PLAINT; RE- CEIPT; REPLEVIN ; SCIRE FACIAS; VARIANCE; also the names of the various actions.
PRECIPE QUOD REDDAT:
Writs of, 82, 106, 160, 170, 172, 230, 242, 248, 200, 290. PREROGATIVE. See KING, THE. PRIOR:
A Prior, as head of his House, has a higher estate than an estate for life, and cannot have aid of patron or Ordinary, 208-210, 218.
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