Imagens das páginas



Disputed, 2, 160.

Statement by way of, 214.

Process in a case in which vouchee,
alleged by tenant to be an infant,
does not appear to be viewed by
the Court, 240.

An infant defendant, because he failed
to produce his warrant of essoin,
had judgment given against him
and was amerced, but the amerce-
ment was remitted because he was
an infant, 260.

Averment as to issues under Wcstm.
2, c. 39, 160.



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,

Upon writ of Eight, where vouchee
warranted, and joined the mise,and
afterwards made default, judgment
was giveu 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


acquitted the ter-tenants, exccpt
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-

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, 156-1 SR.
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 iu 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 Sheriffs
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.


Kino, The:

The King directs the Justices of the
Common Fleas to seek evidence in
his favour when the tenants plead
in a Per qua 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, 308-815.

See Demise Op The Kino; Grace,
Day Op ; Quark Impbdit.



Court of. See Cognisance Op Pleas.



If a Capias issue against a defendant
in action of Account, returnable in
Michaelmas Term, and he come to
the bar in the previous Trinity
Term and pray to be held to main-
prise, his prayer cannot be granted
in the Court of Common Fleas, but
it is otherwise in the Court of
King's Bench, 262.


Mainprise for appearance in action of
Account, and Capias against main-
pernors upon failure to produce the
body of the defendant, 286, 287,
note I.

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, 832.

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-

If in a writ of Forinedon the words
are " quas A. dedit B. et Anastasiir

"uxori ejus, et qua post mortem
"praedictorum B. et Anstancia,"
&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 Op:

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 Op:

Trial of bastardy in, 54.

Pleadings as to title in, 54.

Defendant pleadedthataleasehad 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 Opcont.

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 .,

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 seek, 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
Novel Disseisin, Assise Opcout.

grantee's estate when the latter
brought assise. 1'er Sharshnlle, J.,
188, 194.

See Abatement Op Writs; Estop-
Pel; Plaint; Verdict.



If a plaintiff be outlawed and the
record of outlawry be produced at
auy time before the giving of judg-
ment, the judgment will be for the
defendant, 224-226. ,
See Double Plea.



Estate of, as tenants paravail, in re-
lation to the seignory of the lord
paramount, 112-114.
See Debt.

Partition. See Debt.

Per qvx Servitia:

Question (waived) as to reservation of
seiguory 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
eapitc 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 ho
TT 50018.


was in by virtue of a recovery, and
another as tenant of parcel of theland
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 Op Writs.

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 quare, 234-236.

It was pleaded that the demandant had
disseised the tenant, and issue was
joined on that question of fact, 334.

(Entry sur disieiahi.) 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 impedil.) 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-
lou;ihby, 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 liccnse, 14,

If A. brings Quare impedit against
B., when B. has Quare impedil
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 deseribed by the same name
in both writs. Per Sharshulle, J.,

See Abatement Op Writs; Aid-
Prayer; Attornment; Double
Flea; Estoppel; Plaint; Re-
Ceipt ; Replevin ; Scire Pacias;
Variance ; also the names of the
various actions.

Pk.kcipe Quod Reddat:

Writs of, 82, 106, 160, 170, 172, 230,
242, 248, 2C0, 290.

Prerogative. See King, The.


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.

Jury process, 160.

Jury process directed to the Coroner
when the Sheriff is party, 36.

Process against vouchee alleged by-
tenant to be under age, and by de-
mandant to be of full age, 340.

Grand Cape, 170, 242, 248.

Petit Cape, 228, 250, 262.

Capias in Account, and mainprise
thereon, 262.
Prohirition. See Attachment On

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