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A.D. 1340. (39.) § Upon a writ of Entry sur disseisin "into Entry sur " which the tenant had not entry but by one W., who
"thereof tortiously, &c, disseised the father of the "plaintiff &c.," W. Thorpe said :—As to a moiety, your father released to this same W. whose estate we have; and, as to the rest, your father enfeoffed him and bound himself by this deed, &c, to warrant to him and his heirs and assigns ; judgment whether against us who are assigns you can demand anything.—R. Thorpe denied the release, and said :—As to the deed of feoffment it is a traverse of our writ; wherefore we will aver our writ, to wit that W. disseised our father as our writ supposes. —W. Thorpe. We conclude upon the warranty which is a matter relating to the right, and this writ is in its nature a writ of light, wherefore it is more reasonable that you should answer as to your ancestor's deed than that you should aver possession, relying entirely on posssesion as is the case of a plaintiff in an assise of Novel Disseisin.—Notwithstanding this, the averment was received, &c.
Entry sur § Note that, upon a writ of Entry sur disseisin, where the disseisin, disseisin was effected on the ancestor of the demandant, the feoffment of the same ancestor made to the tenant with warranty was pleaded in bar.—And nevertheless it was taken only as a traverse of the writ, and upon this they went to the inquest.
Debt. (40.) § A man brought a writ of Debt as his father's
JJj?' * heir, and produced an obligation made to bis father and
(39.)1 § En un bref dentre sour disseisinc en quel A.D. 1340.
10 tenant nad entre si noun par un W. qe do ceo a ?.ntr? ?°ur
r 1 disseisinc.
tort, &c, disseisi le pere le pleintif, &c., W. Thorpe, Quant a la moytte, vo3tre pere relessea a mesme cestui W. qi estat nous avoms; et, quant al remenant, vostre pere luy enfeffa et obligea par ceo fait &c, de garrantir a luy et a ses2 heirez et a ses3 assignez; jugement si devers nous qe sumes assignez rien poiez demander.—R. Thorpe dedit le reles, et quant al fait de feffement il est a travers de nostre bref, par quei nous le voloms averer, saver qe W. disseisi nostre pere com nostre* bref suppose.— TP. Thorpe. Nous concludoms sour la garrantie qe est chose en la dreit, et cesty bref est un bref de dreit en sa nature, par quei
1l est plus de resoun qe vous respoignez a fait vostre auncestre qe daverer la possession, quele chose est tut en la possession cum est le fait le pleintif en un assise de novele disseisine.—Hoc non obstante, laverrement fut resceu, &c.
§ Nota 6 qeii un bref dentre dune disseisine fait al auncestre Entre sur le demandant, le feffement mesme launcestre fait al tenant ov disseisine. garrantie fust plede en barre.—Et tamen fust pris fors a travers del bref, et sur ceo ils alerent al enquest.
(40.)6 § Un homme porta bref de dette com heir son Dette. pere, et mist avant obligacion fait a son pere et ccs de dette^
1 From L. and 25184 as far as the point at which the larger type
3 L., a son; 2S184, as, instead of a ses. 3 L., son. 4L.,le.
5 This report of the case is from T. alone.
6 From L. and 25184 as far as the point at which the larger type
ends, but corrected by the record
A.D. i3io. his father's heirs.—R. Thorpe. One Roger Careles, your brought by father's executor, came to us and showed us the same the heir, in deed, and we paid him the aforesaid debt, and by reason atToHipa- 0f the receipt he made us this acquittance; and we tion made demand judgment whether you can demand anything.— and his Pole. To this deed of acquittance we are altogether a heirs, ac- stranger, and so can neither admit nor deny it: where
qinttanec . ° , . . .
of an ex- tore no law shall put us to answer to it; and, since you produced"3 nave admitted the debt, and that by your own deed, in bar, us judgment, &c.—Schardelowe. If you abide judgment bekwTM with him, although you be a stranger to the deed of And the acquittance, it shall be held as not denied by you in tanw'was Pomt of judgment; wherefore I advise you to consider, denied, for this action is given naturally to executors, and not found the ° ^o ^ne keu", un^ess it be for default of executors; wheredeed of the fore it seems that an executor can release this action.— the hcir^ Thorpe (ad idem). If your father had delivered to me shall take the same deed of obligation closed in a box, to keep and hiswrif by to redeliver, and his executors had brought a writ of k°ndth'f Detinue against me, &c., and you also had brought a action is like writ, we should not then have been put to answer always ^ vou because the action belongs to the others, and so
given to . .
executors, does this action, and he to whom it belongs has extinrelcasetuCy guished it; judgment, &c.—Pole. Whereas you say that their re- Roger Careles, our father's executor, received the debt, heirez.1—i?.2 Thorpe. Un Roger Careles,3 executour A.D. 1340.
vostre pere. vint a nous et nos mostra mesme le fait,4 P°"e par 1 . le heir, de
et nous luy payames lavantdite dette, par resoun de unobiiga
quele receite il nous ad fait cele acquitance; et de
mandoms jugement si vous puissez rien demander.— et a sea
Pole. A ceo fait nous sumes tut estrange, issint5 nel ^iTM^""
pooms conustre ne dedire; par quei nule ley ne nous dexecutour
mettra a respoundre a ceo; et, del hure qe vous avez ^faTMy*n
conu la duytte, et ceo par vostre fait, jugement &c.— barre, nt
SCHAKD. Si vous demurez en jugement ovesqe luy, ^fenMS,
coment qe vous soiez estrange al fait, il serra tenu a le6 quel
nyent dedicte de vous en poynt de jugement; par quei tt [si]'
jeo loo qe vous avisez, qar cest accion est done nature- ^°^tS01t
lement7 a lez executours et ne niye *l heir sil ne fut lexecutour
en defaute dexecutours; par quei il semble qe execu-leir "e
tour puts cest accion relesser.—R.° Thorpe (ad idem).10 rienz par Si vostre pere moy uste baille mesnie le3eript clos 90"^,if' en un forcer, a garder et a rebailler, et ses executours manere eussent porte bref devers moy de detenue,11 &c, et auxi jo„g'tutcst vous12 eussez porte atiel bref, la nussoms nous pas13 diz a lea este mys a respoundre a vous, pur ceo qe laccion "*^""et atient as altres, et auxi fait cest accion, et celui a ails j>]equi ele atient lad esteynt; jugement &c.—Pole. La ou J^,g"t ce vous ditez qe Roger Careles14 executour nostre pere esterra
1 The words in the record arc "heredibus et executoribua auis." » L., W.
3 L., W. C.; 25184, W. Carlea, instead of Roger Carelea.
4 In this, as in other reports of the same term, the form feat is usually substituted in 25184, for the form fait, which occurs in I*.
4 L., ai.
6 Hence to the end of the marginal abstract the writing is in a somewhat later hand.
7 L., ceo est accion naturelement
si est done, instead of cest accion
s L., executours pount, instead of
'L. and 25184, W.
10 The words ad idem are not in 25184.
"25184, devers moy bref de dette, instead of bref devers moy de detenue.
12 The word vous is not in L.
13 pas is not in L.
"L., W. Carlez; 25184. W. Carles, instead of Roger Carelea.
A.D. 1340. and therefore executed an acquittance to you, he never standshaI1 reoeiived anything for that deed of acquittance; ready, against &c.—R. Thorpe. Now we demand judgment; since you aTappears ^o no^ deny that your father's executor made us that in this acquittance, even if he did not receive anything, that is p ea- nothing to the purpose nor to the substance of our plea; judgment how wo ought to depart.—Pole did not dare to abide judgment, and said:—Not his deed.—R. Thorpe. You have pleaded in avoidance of the deed, and so by the form of your plea acknowledged the deed; wherefore you shall not now be admitted to deny the deed. And, besides, you are not a party to the deed, nor heir of a party, but altogether a stranger; wherefore it does not lie in your mouth to deny the deed; judgment, &c.—Stouford. In that case you will oust us from an action by means of a false deed without our having any answer to it; and that would be contrary to reason. And in an action for rent charge a stranger to the deed may very well say:— "the party did not charge by this deed; ready, &c.;" and he shall have the averment; so also here.—And afterwards R. Thorpe said: It is his deed; ready, &c.— And the issue was received, &c.
Debt. § The heir of Thomas Wagham, of Ludlow, brought a writ of
Debt, on an obligation made to his father, against three persons1 by different Praecipes, each one being by the obligation, which was shown, charged with the whole sum to him and his heirs.—II. Thorpe. We tell you that one B., one of the executors of the said Thomas, after the death of Thomas, came to one A., who is named in the first Praecipe, and showed that obligation and demanded the debt, and A. made satisfaction to the executor; and see here his acquittance; judgment &c. whether you can have an action. And he gave the same answer for all the others. — Pole. You see clearly how we are a stranger to the acquittance, and we can not have an answer to this ; but, whereas he says that he paid the money, ready &c. that he did not.—Thorpe. Then you do not deny that the executor released &c.—Pole. Since you choose that
1 As to the names of the persons, see note (6) p. 95.