In Account, a plaintiff was named J. son of W. de B. in certain spe- cialties, and only J. de B. in the writ, and the writ was held good because the defendant had had view of the deeds, and had imparled, and had not denied that the plaintiff was the person, 66.
In an action of Debt variance was
alleged because the plaintiff was described as "Piscario" in his writ, and as "Piscenario" in the obli- gation on which the action was grounded, and because the day of the week on which the obligation was said in the count to be dated was Saturday, when in fact the day of the month in the year mentioned in the obligation did not fall on a Saturday, 136-138.
In a writ of Covenant for a Fine of lands held in capite the defendant or deforciant was named with the addition "knight," which addition was omitted from the charter of license to aliene, and the Fine was for that reason inadmissible, 176. If a plaintiff be named A. de C. in his writ, and a record of outlawry alleged to be against him be pro- duced, in which the outlaw is named A. son of B. de C., he cannot have advantage of the variance, unless he deny that he is the same person and show that his father's name was not B., 224-226.
If a plaintiff be named A. B. in his writ, and A. B. of York in a certifi- cate of Excommunication, he cannot have advantage of the variance unless he deny that he is the same person, 228.
If one be prayed and joined in aid as cousin and heir of a particular person, and a Protection be pro- duced for him in which he is not described as cousin and heir of that person, it is disallowed, 232.
Upon arraignment for murder, when the person killed had been wounded in one county and taken into another where he died of the wound, the jury to try those of the accused who pleaded Not Guilty was from both counties ; but one of the accused pleaded auterfoits acquit, and, though the jury in his case had been from one of the counties only, he went quit, 154-156.
An executor brought a writ of Ac- count in one county and the de- fendant pleaded the testatrix's acquittance made in another county. The plaintiff confessed the deed, and avoided it on the ground that at the time at which it was made the testatrix was married to the defendant. Jury process at first issued to the Sheriffs of both counties, but ex- ception was taken, and in the end the jury was from one county only -that in which the acquittance was executed, 174.
If, in assise, a deed pleaded in bar be confessed and avoided, it shall be tried in the county in which the land is, though the witnesses be of a foreign county. Per Sharshulle, J., 174.
If imprisonment at the suit of one who sued execution upon a recog- nisance be alleged for the purpose of saving a default in a real ac- tion, and the demandant in the real action maintain that the im- prisonment was by covin and con- sent of the tenant, the jury shall be from the place of imprisonment and not from the place at which the recognisance was made, 228- 230.
In assise of Novel Disseisin a de- fendant pleaded nul tort because he had recovered the tenements in another action. The Assise found that he had so recovered, and that the plaintiff's in Novel Disseisin had purchased while the other action was pending, and had been seised. Upon inspection of the record of the alleged recovery it appeared that the tenements were therein described as being in Dunhead nigh West Camel, whereas the tenements were in the assise de- scribed as being in West Camel. It was held that the tenements could not be adjudged to be the same, and that, as the Assise had found that the plaintiffs had been seised, the ouster of them was a disseisin, and judgment was given in their favour, 24-34.
In Dower issue was joined as to the seisin of the husband, which was found by the jury, but no enquiry was made whether the husband died seised, because he had by re- lease discharged the services of which dower was claimed, 238-240.
In assise the recovery is according to the view of the jurors, and may, in accordance with the view, be of
A woman having lease of wardship of an heir, if she marry, and if writ of right of wardship be brought against her husband and her, can vouch, 280.
A. vouches B., and B. enters into warranty and revouches A. B. must show special cause (as, e.y., that A. enfeoffed him in fee, and that he granted back a lease for life to A.) before the revoucher can be admitted, and the special cause may be traversed and issue joined thereon, 288-290. Counterplea of voucher cannot be ad- mitted when the demandant has previously allowed the voucher of the person vouched upon another writ, 290.
In Account, defendant may wage his his law as to non-receipt of one parcel, and join issue to the country as to non-receipt of another, 172. If in Formedon a tenant wage and perform his law as to non-sum- mons, and the demandant pur- chase another writ in respect of the same tenements, the tenant cannot then allege non-tenure, 222– 224.
Where the grantees of a fair were exempted from payment of a rent during the time during which the holding of the fair might be pre- vented by war, it was adjudged that there was no exemption unless the war was within the realm, and that a war between France and England, not waged on English soil, was not within the terms of the grant, 128- 130, 132.
Lease of wardship may be pleaded without specialty and lies in aver- ment, 278, 280.
Wardship is a chattel interest, 278-
Though wardship is a chattel interest, and the wardship which is a woman's right becomes her hus- band's upon her marriage, yet if she survive him, she shall again
WARDSHIP-cont.
have the wardship of the person,
Writ of Right of, 26, 276.
See ABATEMENT OF WRITS. WARRANTY:
If a husband aliene the right of his wife with warranty, and be after- wards vouched, and enter into warranty, he has returned to the position in which he was before the alienation, and pleads not in his own right, but as in right of his wife, per Scrope, J. (?), 54, 60–62.
WASTE: The rooting up of willows said to be waste (though the cutting of them is not) because when rooted up they cannot grow again, 74-76. A tenant may fell oaks for the repair of the hall of the manor, or, as expressed in the record "domo- rum Castri," 74-76.
Execution upon judgment in action of Waste, where the plaintiff is an Abbot, 102-104,
If A. lease for A,'s own life to B. and his heirs, can A. have a writ of Waste? 158.
If waste be assigned in lands, houses, woods, and gardens, and, after de- fault of the tenant, the Sheriff, to a writ of Enquiry of Waste, return the waste as having been com- mitted in houses and gardens, with- out any mention of waste in lands and woods, he may be amerced, and a new writ of Enquiry of Waste will issue, 176-182. Writ of, 226.
INDEX OF PERSONS AND PLACES.
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