A.D. 1340. (3.) § Upon a writ of Account the defendant appeared Account. to the Exigent, and traversed the receipt, and found mainprise to attend the inquest, and afterwards made default, wherefore the inquest was taken on his default. And it was found that he was the plaintiff's receiver for less than the amount in respect of which the plaintiff complained. And the COURT had no regard to the quantity, for this will lie in answer before the auditors. And it was adjudged that the defendant should be taken to account, and that his mainpernors should be taken.And note that an essoin would not have lain in this case for him, &c. Formedon: (4.) § Formedon in the Descender, where the gift was traversed with regard to the whole. And afterwards on another day Gayneford came and said that they were agreed, and said that as to parcel the tenant would admit the gift, and as to the rest the demandant would admit that there was no gift. And note that the COURT was of opinion that, if the demandant would admit that part of his demand was not given, the whole writ should be abated. Wherefore Gayneford put the matter differently, and prayed judgment for the demandant as to the parcel which the tenant admitted to have been given ; 3 2 (3.) § En un bref de acompte, al exigende le de- A.D. 1340. fendant vient, et traversa la resceite, et trova mayn- Accounte. prise 3 dattendre lenquest, et puis fist defaute, par quei lenquest fust pris par sa defaute. Et trove fust qil fust son resceivour de maynz qe lautre se pleynt. Et la COURT navoit pas regard a la quantite, qar ceo cherra 5 en respons devant auditours. Et fust agarde qe le defendant fust pris dacompter, et ses meinpernours pris.--Et nota qun essone nust pas geu7 en ceo cas pur luy, &c. 9 (4.) § Forme doun en descendere, ou le doun tra- Forma verse fust quant a tout. Et puis a autre jour Gayn, donationis. vient et dit 10 qils furent acordes, et dit quant a parcelle le tenant voleit conustre le doun, et quant al [Fitz. Briefe, remenant le demandant voleit conustre qil ny ad pas 272.] doun. Et nota qe 12 la COURT fust en oppinion, si le demandant voleit conustre 13 qe partie de sa demande ne fust pas done, qe tout le bref serreit abatu.14-Par quei 15 Gayn chaungea son dit,16 et pria jugement pur le demandant 1 de la parcelle qe le tenant conust estre A.D. 1340. and of that parcel HILLARY awarded seisin; and the tenant was to be in mercy.-And as to the rest Gayneford afterwards admitted for the demandant that there was no gift; wherefore HILLARY adjudged that as to that parcel he should take nothing, but should be in mercy. Assise of Account. (5.) § An assise of Novel Disseisin1 was brought before Scor in the County of Surrey. As to parcel, the tenant alleged joint-tenancy by a deed, and the plaintiff admitted it, because he did not wish to be delayed of the assise with regard to the residue.—Gayneford demanded judgment, since he had admitted jointtenancy of parcel; judgment of the whole writ.-And note that Parning said that if there were not any other disseisor [named in the writ] than he who alleged that exception the whole writ would abate.-(Quære, for he said he would go quit in respect of this writ if he were not tenant of the other parcel.) And by the consideration of all the JUSTICES, notwithstanding the aforesaid allegation, the writ was adjudged good as to the residue, and the assise was awarded; and the writ abated upon verdict, because no one was found to be a disseisor who was named in the writ. (6.) § Account.-As to part, R. Thorpe traversed, saying that the defendant was never the plaintiff's receiver by the hands of those of whom he had counted; and as to This may be the beginning of the case Sir Thomas de Uvedale v. Isabella, late wife of Sir John de Uvedale and others, No. 59 next below. done;1 [et de cele parcelle HILL. agarda seisine, et le A.D. 1340. tenant en la mercy. - Et del remenant apres Gayn. pur le demandant conisat qil ny avoit pas doun ;] 2 par quei HILL. agarda qaunt a cele3 parcele qil ne prist rien, einz fust en la mercy. Disseisina. Fitz. (5.) § Une Assise de novele disseisine fut porte Assisa devant ScoT en le counte de Surrei. Le tenant, Nova quant a parcelle, alleggea jointenance par fet, et le [14 Li. pleintif le conust,5 [pur ceo qe del remenant il ne Ass. 7; voleit estre delaie de lassise.6-Gayn.7 demanda juge- Briefe, ment del houre qil avoit conu la joyntenance de par- 273.] celle; jugement de tout le bref. Et nota qe Parn. dit qe sil ny avoit autre disseisour qe celui qe allegga cel excepcion qe tout le bref abatereit. (Quære, qar il dit qil departireit quites a cestui bref sil ne fust tenant dautre parcelle.) Et par avisement de touz les Justices [non obstante allegatione prædicta],1o le bref fust agarde bon del remenant, et lassise fust agarde; et le bref abatu sur verdist, quia nullus inveniebatur disseisitor [qui nominatur] 10 in brevi. (6.) § Acompte.-Qaunt a parcelle, R. Thorpe tra- Acounte, versa qe unqes son resceivour par meyns de ses qe il [Fitz. Accompt, avoit counte; 12 et quant al remenant il fust resceivour 70.] 1 T., dount le doun fust conu, instead of qe le tenant conust estre done. 2 The words between brackets are not in L. nor in 25184. 3 ccle is not in 25184. 4 From T., L., and 25184. ST., demandant le conisast; 25184, pleintif le conisait, instead of pleintif le conust. 6 The words between brackets are not in L. nor in 25184. 7 In 25184 the words following Gayn. are, par cele conisance demanda jugement de tout le bref. 8 T., si lui avoit; L., sil navoit, instead of sil ny avoit. 925184, quitement de, instead of 10 The words between brackets A.D. 1340. the residue he was receiver for their common profit ;-and he showed the manner how ;-judgment of the writ. -And Queere whether this last exception is sufficient. to abate the whole writ.- BASSETT. Even though you admit a receipt for your common profit you must answer to his writ, and to his count which supposes the receipt to be for his own particular profit. To this the whole. COURT agreed. Wherefore R. Thorpe admitted the receipt as above, for their common profit, without this that he was receiver for the particular profit of the plaintiff, as the plaintiff supposed by his count; ready &c.And the other side said the contrary-And note that Thorpe's plea shall be entered on the roll, for he has admitted one manner of receipt. Account. Dower. (7.) § Account against a receiver in respect of ten marks received by the hand of another.-W. Thorpe. The person by whose hand he supposes the receipt devised to the plaintiff ten marks, and we are executor of the same devisor, and we tell you that we have made satisfaction to the plaintiff, partly in money, and partly in cloth and utensils, without this that we were his receiver as he has counted; ready &c.-And the other side said the contrary. And this was entered. (8.) § Dower.-Thorpe. She cannot demand anything, for a fine was levied, before the marriage, between her husband and one B., by which your husband acknowledged the See Y.B., Trin. 8 E. 3, No. 26, p. 46, and Hil. 10 E. 3, No. 19, p. 7. |