Bulstrode sir John Ratcliff plaintiff against davis defendant SC cro James see  Donald v suckling lr Q b a action on the case for a trover and conversion  enter hill James b r rot Cr Yel Noy a action upon the case for a trover and  conversion be bring by sir John Ratcliff against Davis upon not guilty plead  the jury find a special verdict and upon the special verdict the case be this  that sir John Ratcliff do pawn a hatband set with jewel unto one Whitlock a  goldsmith in Cheapside for and no day certain set down for the redeem of the  same again by payment of the money afterward Whitlock lie on his death bed in  the presence of Davis his neighbour command his wife for to fetch the hatband  and then deliver the same to the say Davis wish he to keep the same safe till  the twenty pound be pay and then to redeliver the same to the owner and  afterward make his wife his executrix and die sir John Ratcliff tender the  twenty pound to the wife the executrix who refuse to receive the same after  which tender make and refusal sir John come unto Davis and demand his hatband  he have first tender the money to the executrix which he borrow of the  testator upon the same Davis refuse to deliver it to he and upon this his  refusal sir John Ratcliff bring his action upon the case Bulstrode er p of  trover and conversion it be move for sir John Ratcliff the plaintiff that by  this tender of the money to the wife and her refusal of the same this be vet a  good redemption in law of the pawn and upon refusal to deliver this by the  aylee the action bring against he by the plaintiff be maintainable you the  part of the defendant it be allege that he which have the hatband as a pawn  have a interest in it and that this be in whitlocke the goldsmith upon a  certain condition to be redeem but that after the death of Whitlock this be  not then to be redeem for that the time be pass after his death William  justice he may have cotinue against the one or the other for this batband and  the denial to deliver the same be a conversion in law by the book of e  executor may redeem a pledge and this shall be asset in their hand and if he  which ought for to redeem a pledge offer the money which be refuse by this  tender there be a divest of the thing pledge into his hand again and he may  afterward well maintain a action for detain of the same Yelverton at the bar  for the defendant a pledge can be redeem by any one but by he which pledge the  same and where there be no time limit for the redeem of it he have only during  the life of the party to who it be pledge for to redeem the same and he can  redeem the same after his death and if this be adjudge otherwise in this case  it will be the first judgement that ever be give in this point and where there  be no time limit for to redeem this there the law shall set down the time and  then the extreme and long time shall be during the life of both the party as  to the tender unto the widow whether this be a good tender and a good  redemption the pledge be in the hand of a three person r foe brook title  pledge plan if a man gage his good and afterward be attaint of felony yet the  king shall not have the good gage without pay of the sum for which they be  gage h foe and by Frowik chief justice in case of a pledge he to who the good  be pledge have a property in they for the time they be pledge William justice  a man pawn good after he be outlaw during this his outlawry he can redeem they  and mortgage good if they be not redeem they shall not be forfeit by outlawry  and if money be tender to redeem and a refusal be to deliver they this have be  adjudge to be a conversion and so in this principal case the t nder and  refusal make a conversion and give the plaintiff here a good cause of action  and the action by he well bring croak justice the action here be well bring by  the plaintiff if one do pawn or mortgage good and a time certain be limit for  the redeem of they there the death of any of the party shall not be  prejudicial the one way or the other Bulstrode but where there be no time  limit there he which pawn the good have during his life to redeem they and in  this case the death of he to who the good be pawn shall not binder the  redemption but if the party which pawn the good die before the good redeem no  other person may then redeem the good for he for this shall be a very  mischievous case to compel he to keep the good thus pawn for such a infinite  time when as he have pay sufficient for they also a lawful tender do amount  unto a good payment and a refusal for to deliver they afterward be a clear  conversion and in this case here be a good tender and a refusal and so a good  conversion and the action by the plaintiff well bring Yelverton justice of the  same opinion be which pawn good and no time appoint for the redemption he have  liberty during his life to tender and redeem they and the death of the party  to who shall not binder the redemption but if the party himself which pawn the  good die before redemption his executor can redeem and so the time of  redemption be not determine by the death of he to who the good be pawn but by  the death of he which pawn the good the time of the redemption be determine by  this delivery of the hatband unto Davis no manner of interest be hereby pass  unto he but notwithstanding allthis the interest remain still in the wife the  executrix and Davis have only the custody of the same and the tender and painl  it to redeem the same ought to be make to the wife the executrix she may  demand the debt if she will and the other the pledge and so the action here be  well bring Fenner justice accord in opinion as to the time of redemption and  liberty to demand the debt the tender here be sufficient and if the other  refuse to receive the same be may have the benefit to redeem his pledge by way  of action if the same be detain from he after the tender but the other have no  remedy for the money after a teader Bulstrode er p and a refusal of the same  in this case there be a good tender to a right person and a refusal of the  same and then a good demand make of the hatband and refusal to deliver the  same which refusal make a good conversion and so the plaintiff have just cause  of action and the action be well bring Fleming chief justice there be no great  doubt in this case first it be to be consider quid service by the pawn of this  hatband or of any other good as to this he to who good be pledge have a  special property in they until the money be pay and be which pawn the good  have the general property in they he to who they be pawn have a property to  detain they until the money be pay but without all question the general  property remain in he which pawn the good and he be not to lose this his  property by the death of the other but that hemay well redeem the same in the  next place it be to be consider to who the money be to be pay to redeem the  pledge as to this the same be to be pay unto the executor who be privy to the  contract and upon a tender and a refusal a action well lie otherwise he may  refuse perpetual and in such a case if a man take good as a pledge which be  good to pass away at his own proper peril be it if he can redeliver they again  upon the tender and payment of the money borrow of he he which pledge good  general have during his life time to redeem the same as to the action here  bring against a three person admit that the good pledge be not deliver over to  any other and the tender be make to the wife the executrix and she refuse the  same a action of the case for a trover and conversion lie upon this refusal to  deliver the good after such a tender and the possession here of the hatband be  in a three person will not alter the case for that he hathneither sale bargain  nor gift make to he of the same but he have only a bare delivery thereof and  this only ior the safe custody of the same and to no other intent or purpose  whatsoever but in the same nature as be himself who deliver the same over have  it and this delivery over by he to Davis be in point of time death and here  this remain still a pawn in he to who the same be pledge but if he have there  say thus unto he take you those good which be pawn unto I give you the money  to my wife my executrix and you shall have the same again of he which owe  Bulstrode then pawn and pawn the same to I if this especial matter have be  thus find then it will have be otherwise and the tender shall then have be to  such a bailey and such a tender then to the executor will not have be good but  it be not so in this principal case here and therefore the tender here be well  make and the refusal a conversion the debt here be not transfer over unto the  bailey but only the bare possession of the pawn deliver to he and in respect  of the possession only the title in the thing pledge but this only safe to  keep and therefore the tender here make to the wife the executrix be wefl and  as the same ought to be and so the tender well make and sufficient and as to  that which have be say that if be pay the money to the wife the executrix that  he ought to make his claim to the three person this be not requisite to be do  for that no property be at any time out of the first person to who the pawn be  make but when he have make his tender and afterward come again to he who have  the possession deliver to he as he ought to do and tell he that he have make  tender of the money which be refuse and pray delivery of the pledge and be  refuse to deliver the same this refusal be a conversion but yet  notwithstanding the refusal of the executrix to receive the money be tender  the debt still remain a debt and for the which a action of debt wonder will  lie though the money be refuse upon tender and the same be not lose no more  than in case of a obligation but he ought still to be ever ready to pay the  same and so upon the whole matter the aetion be here well bring by the  plaintiff and by the rule of the court judgement be enter for the plaintiff