case fox against THEXTON germ of oak not cut till after twenty year not  tithable per curium of germ of oak grow not of a root the tree whereof be  twenty year old when cut there shall be tithe pay for oak or other timber cut  under that age shall pay tithe as other Underwood but if the oak or other  timbertree be twenty year old when cut it be not tithable and for that the  germ of the root of such tree cut at that age shall pay no tithe Inst
case fox against tilly a bind give to save a gaoler harmless against pass  escape be good but not against future escape debt upon a bind condition to  save the plaintiff harmless against all escape which he have suffer as warden  of the fleet prison and on demurrer to the rejoinder which be in itself a  departure from the plea which be a non to be injure and a special damage reply  and continuance give to the first day of this term the court take a diversity  between a bind to save harmless against future escape for that will be void  and a bind to save harmless against pass escape for though it be unlawful to  suffer they yet one may contract to indemnify one against a penalty already  incur against law and note here the court be inform that the plaintiff be dead  and therefore they ought not to go to judgement to which they answer that if  that be so the defendant must come and plead it as a plea puis darrein  continuance and make oath of the truth of it otherwise they will not take  notice of it and if the plaintiff be alive on the continuanceday they may well  give judgement and accord the the plaintiff have judgement for per curian if  he die before the first day of term we can take notice of it without it be  plead as puis darrein continuance and if be be alive the first day of term the  judgement shall relate to that day
case fox against wright I bind myself to save a harmless c in solvend cum  requisite write in a book and there seal be a good bind roll ab wood con debt  upon a bill ensealed of which be in this manner that the defendant in  consideration of a bill of wherein the plaintiff be bind to William flood for  the payment of for the defendant to bind up see in l ad indempnem to retain  the plaintiff from all action by reason thereof to loosen to the  plaintiffand m requisite be and allege in fact that he have not save he  harmless pro ebb qubd that the say William flood have sue he upon that bill  and recover l damage and have take he in execution thereupon unde action to  grow progressively c the defendant plead non estfactum and upon the evidence  it appear that this obligation be write in a book and in the same leaf the  defendant put his hand and seal thereto and at the nisi prius in London before  Popham it be move whether it be a good deed or not and he hold that it be but  will the jury to find it special but they general find it to he factum suum  for they say it be a usual course in London be afterward move in court Clench  and Popham agree that it be a good deed ut Fenner doubt yet now by the verdict  of the jury it be put out of question second it be move that the plaintiff can  not have advantage of this bind because it be not allege that he give notice  of this suit to the defendant say non allocatar but it be adjudge for the  plaintiff although not any reason give thereof
case fox case a statute pardon take effect from the first day of the session  post   latch cro car hawk notam justice Rhodes say that in that case it be  adjudge where a minister be deprive for a offence tempore parliament and the  offence be afterward pardon by parliament and then the parliament end the  deprivation be utter void for the pardon relate to the first day and the party  need not sue to reverse the deprivation croak Elizabeth er p
case Foxall against Venables parishioner can prescrihe either in matter of  easement or interest post action upon the ease and declare that he be a  inhabitant in d in the will of d and that all the inhabitant there time out of  mind c have a way to the common c and the defendant stop it c croak Elizabeth  er p it be move by massy after verdict in arrest of judgement that the  inhabitant can prescrihe but by way of usage and he have not allege title to  the common Egerton solicitor inhabitant can prescrihe for matter of interest  but for a easement they may and the plaintiff need not make a title because  the action be only for the disturbance of the way and that inhabitant may  prescrihe for a easement he rely upon edward pl pound edward pl but to profit  or commodity in the freehold of another they can prescrihe edward pl Edward pl  gawdy justice there be no difference but in both case they ought to allege a  usage mark brook Pr Tscript edward dyer Edward Wray c j confra et adjournatur
case Foxhall and sans against corderoy Trinity term James roll queen if a bind  acknowledge money due to two person and the obligor bind himself to pay it to  one of they whether that person alone can bring a action on it Yelv side vent  keb Mod ld raym salk debt for ninetyone pound twelve shilling and eightpence  upon a bill Obligatory date may James to loosen November follow the defendant  demand oyer of the bill which be enter in haec word be it know that I William  corderoy do acknowledge myself to owe and to be indebt to John Foxhall and  William sand in the sum of ninetyone pound twelve shilling and eightpence to  be pay the first of November follow for which payment to be make I bind myself  to John Foxhall in one hundred pound date c it be thereupon demurrer and the  question be whether Foxhall ought to bring the action for the one hundred  pound or both of they for the ninetyone pound twelve shilling and  eightpence?Et adjournatur
case Foxton against mosely in covenant the defendant can without oyer set out  the indenture and plead covenant perform covenant by a apprentice for not  teach he four several trade in a indenture of apprenticeship mention the  defendant instead of crave oyer of the plaintiff indenture set forth a  indenture of his own and plead a performance of the covenant therein contain  modern and upon demurrer it be adjudge for the plaintiff for the defendant can  show any other indenture but must crave oyer of the indenture declare on
case FOXWIST and other executor of pinsent against TREHAIN where there be  several executor they may all sue by attorney though some of they be under age  S C ante S C post S C ray S C side S C sand S C vent S C keb S C l lev lev lev  roll Indebitatus assumpsit the defendant plead that two of the plaintiff be  infant and yet they all sue by attorney the question be if there be two  executor and one of they under age whether the infant must sue by guardian and  the other by attorney or whether it be not well enough if both sue by attorney  Offley speak to it and cite bid v Starkey cro Elizabeth cotton v Weston roll  powell case style   light and dyer Moreton justice I be of opinion that he may  sue by attorney as executor though if he be defendant he must appear by  guardian Rainsford justice I think it be well enough and I be lead to think so  by the multitude of authority in the point and I think the case strong when  infant join in action with person of full age he sue here in auter law and I  have not hear of any authority against it Twisden justice concur with the rest  and so judgement be give
case Frampton against style if a indenture he plead as a indenture a deed  indent must he show SC   b   light b a roll Abr Inst Brownl cro James roll Rep  dyer Bac Abr I salk debt upon a obligation condition for the performance of  certain covenant in quddam indenture Richard n curidprolatd in truth the deed  be not indent but it be vritten hcec iwdentura fact per curian and it be not  any indenture although there he two part thereof wherefore because the  defendant do not show a indenture by he plead it be adjudge for the plaintiff
case france against tringer in plead a prescription for a right of common the  want of a averment that the beast be levant et couchant be aid by the statute  sand lev Com dig say vide Com dig and Bl Com trespass the defendant justify  for that he have common for all his beast levant et couchant in the place c by  prescription and put in the say cattle act  communia c the issue be upon the  prescription and find for the defendant and exception be now take that because  he do not aver that his cattle be levant c no judgement ought to be give say  non allocatur for the want of averment be aid by the statute of Jeofails  wherefore it be adjudge for the defendant see James c car c and Ann c
case Francis OILYS case the caption of a indictment in a inferior court must  recite the juror to be good and lawful man of the county aforesaid  The word  percussi necessary in a indictment of murder indictment before the coroner  upon view of the body of Francis oily of Berks who have slay himself with a  arrow shoot out of a crossbow by himself I be find that he in furore et  insanity shoot himself with a crossbow arrow to hand over eiden such a will in  son gule of such a length c whereof he die it be remove into the king bench by  certiorari and now Coventry attorneygeneral move for the reversal thereof  first because it be a swearer per sacrament I S c and do not say estimable et  of man comitatus predict a a ante keb ld ray cro Elizabeth Mod hawk p c croak  James er p second because it do not say that he strike himself b which be the  exception in the indictment in near be case c and for these cause the court  hold the indictment to be vicious especial for the first and it be discharge  upon that motion without day give because it be say they be very clear
case Francis throgmorton case a action in nature of conspiracy will lie  against oneperson for cause another to he malicious prosecute but it must show  that the a following be before a competent jurisdiction and how it be  determine cro James Bulst side Yelv strange hawk p c dougl term Rep term Rep  action upon the case against Francis Throgmorton because he procure the  plaintiff to he indict as a common barrator before the justice of peace in the  county of Warwick and that afterward he be lawful acquit thereof before  Anderson croak Elizabeth and Clench justice justice of assize there the  defendant plead not guilty and find against he and it be allege in arrest of  judgement that the declaration be not good for he have show the he be acquit  before Anderson and Clench justice of assize which be not good for he can be  acquit before they as justice of assize but as justice of oyer and terminbr  and it be hold to be a apparent fault by the whole court Anderson and Heaumond  hold that the action lie not for the matter for when one prefer a indictment  and be swear thereupon it be to he intend that he prefer it lawful and in zeal  of justice and although the other he find not guilty it be not reason he shall  he punish for exhibit a bill no more than where a billis exhibitedin the  starchamber for matter examinable there a action upon the case lie not  although it he false no more here but where two or more conspire together to  procure one to he indict of felonyor trespass and he be afterward acquit it  shall he intend by law to he malicious do for which conspiracy lie but no  action lie where only one prefer a bill of indictment for it will he in  hindrance of justice wherefore c Walmsley doubt thereof for the declaration  suppose it to he malifiosL and there be not any reason if any one without  cause will procure another to be indict but that a action will lie against he  whereupon it be adjourn croak Elizabeth er p
case franklin against johnson No second deliverance on judgement by nonsuit in  replevin error upon a judgement in replevin wherein the plaintiff be nonsuit  and judgement be quod averia pillage to be irreplegiabilia and hold nought for  that on this judgement no second deliverance can be bring shower KB michaelmas  term the thirtyfourth of Charles the second in the king bench sir Francis  Pemberton Knt chief justice sir Thomas Jones Knt sir William dolben Knt sir  Thomas Raymond Knt justice sir Robert sawyer Knt attorney general sir Francis  winnington Knt solicitor general
case franklin all versus countess of Burlington October Eq can ab pl pre Ch S  can a devise that the furniture and picture of his three house in b c and d  shall go along with the three house adjudge the plate then at the three house  pass by this devise Richard earl of Burlington by will devise that the  furniture and picture of his three house at Lanesborough Burlington and  Chiswick shall go along with Vernon chancery case er p the three house and  will that his gild plate belong to his chapel shall be sole appropriate to  that use question whether the plate then at the three house shall pass by the  devise of his furniture and picture and adjudge that it shall pass by the  report of the above case in pre Ch ub sup it appear that the plate be hold not  to pass under circumstance and intention note it appear also by that report to  be a case of creditor as to the general question whether plate will pass by a  bequest of household furniture household good c it seem to be hold that it  will vide the principal case dub send vide Lillcott v Compton post master v  master p wms and case cite in note there where say if common make use of by  the family and on that ground Nicholls v Osborn p wms and Snelson v Corbett  atk appear to be decide but that distinction do away in Kelly v Pawlett Amb  where the case and principle of the doctrine state and investigate and the  question must depend upon the particular circumstance ibidem porter v tournay  Ves where the doctrine on this head in Kelly v Pawlett be full recognize and  indeed it seem now to be so clear settle that if there be no rebut  circumstance the word above mention will pass the plate whether in ordinary  use or not that it be hardly necessary to mention the contrary case it appear  however to be determine e contra in Jesson v Essington pre Ch and the  principal case as report pre Ch ub sup
case franklin case Lord chancellor king Sel can in Charles a commission of  review to reverse a sentence give by the court of delegate be matter of  discretion and not of right and if it be hard case the chancellor will advice  the crown to deny it a woman be suppose to marry a first and afterward during  his life to marry b and in a cause of jactitation of marriage in the spiritual  court in Ireland the first marriage be affirm but on a appeal to the delegate  in Ireland the same be disallow peer William and the second marriage adjudge  good by the second marriage there be issue but none by the first and now there  be a petition for a commission of review to reverse this last sentence of the  delegate in Ireland Lord chancellor a commission of review be not a matter of  right but pure in the discretion of the crown see hill v white mose matthews v  Warner Ves ex part Fearon Ves Eagleton v Kingston Ves and there be issue by  the last marriage and none by the pretend first marriage this commission of  review tend to bastardize and render illegitimate the innocent issue by the  last marriage which ought not to be favour so that I be against grant this  commission of review and shall advice the crown accord
case franklin versus earl of Burlington vern S c Eq Abr pl ante and reference  a devise of the furniture and picture at the house at a b and c passes not  plate which the testator constant use and remove with he when he go from one  house to another Richard earl of Burlington in devise thus item my will and  pleasure be that the furniture and picture in my house at a b and c shall  always remain there and not in the power of my executor to dispose of but  shall go with my say house to such of my grandchild as shall be in the  possession thereof and then appoint that the plate gild with gold belong to  his chapel at c together with the ornament thereof shall remain to the  perpetual use of the say chapel and make d executor to who he give all his  personal estate except what be before bequeathe of what nature or kind soever  precedent in chancery the question be whether the plate the testator constant  use and remove with he when he go from one house to another shall go to the  executor by the last clause or belong to the house under the word furniture my  Lord keeper be of opinion that the word furniture in a large sense take in  plate but not here because he distinguish the chapel plate from the furniture  and the plate of ordinary use that be carry with he will no more be say the  furniture of one than of the other and he mean only the particular furniture  of each house so the plate go to his executor and liable to the plaintiff who  be creditor
case franklin versus green Mercury maii Eq can ab pl S c pound devise to a  infant Payable at and if he die before then it be devise over and the interest  of the pound be for the child maintenance the trustee lie out pound of the  pound for place out the child a apprentice and the child die under this pound  shall be allow legacy of one hundred pound apiece devise to four child Payable  at twentyone or marriage and a maintenance not exceed the interest in the  meantime the word of the bequest as to the maintenance be to be maintain as  far as the interest of their several legacy will extend r l and the plaintiff  be appoint to receive the profit of the TrustEstate during their infancy the  plaintiff pay twenty pound for the place out one of the child a apprentice who  die a infant and the hundred pound be limit over in case of death before  twentyone or marriage it be object the plaintiff can not have a allowance of  that twenty pound out of the dead child hundred pound per cur it be pay to  place the child out a apprentice Vernon chancery case it be well bestow and  may have be of better advantage to he than all the rest of his portion and  therefore decree it to be allow upon the account together with two several sum  of S and pound for clothes and charge of her funeral notwithstanding the  survivorship Reg lib a fol as to allowance make on account of money lie out by  executor for maintenance and place out infant legatee vide Barlow v grant ante  vol and case there refer to Vernon chancery case er p
case FRANKLYNSCASE if a statute direct a commitment by two justice a warrant  for such purpose by one justice only be bad ante burr S C Bl Rep term Rep  franklin be bring into court by habeas corpus and the return be read it appear  that he be commit upon the statute car c S as a preacher at seditious  conventicle Coleman pray he may be discharge he say this commitment must be  upon the Oxford Act for the last Act only order a conviction and the Act for  uniformity of car c a commitment only after the bishop certificate but the  Oxford Act provide that it shall be do by two justice of the peace upon oath  make before they and in this return but one justice of peace be name for sir  William palmer be mention as deputylieutenant and you will not intend he to be  a justice of peace nor do it appear that there be any oath make before they  Twisden justice upon the statute of the Elizabeth c which appoint that two  justice shall make order for the keep of bastard child whereof one to be of  the quorum I have get many of they quash because it be not express that one of  they be of the quorum a but now by the Geo c No warrant or other instrument  make or execute by two justice which do not express that one be of the quorum  shall be vacate for that defect only and by Geo c all act c execute by two  justice qualify to act within such city and liberty as have only one justice  of the quorum shall be valid and effectual in law as if one of the say justice  have be of the quorum  See black Com a whereupon franklin be discharge
case frans versus carry February a bill for quItrents and a account produce it  must be prove to have be a steward or bailiff or be not evidence of payment  here any more than at law where a lord of a manor bring a bill for quItrents  and produce a account in order to support his right it mustbe prove to have be  the account of some steward or bailiff who by mark against the particular item  of receipt appear manifest to have collect they and his name beside must be  place at the bottom but if there be not such mark nor any name of steward or  bailiff it may be only a paper of rend draw out of any book by a lord of a  manor himself for his own private use and be not evidence of the payment here  any more than it will be at law this point do not appear in the register book  Reg lib a fol
case FRANSHAW against bradshaw Michaelmas term James roll matter of form not  amendable after demurrer enter of record post hob Savil march Yelv cro James  Bulst raym vent lev ld ray Mod stram Bac Abr Bac Abr Cowp dougl term Rep term  Rep debt upon a judgement obtain in this court car set forth the say judgement  c as per record et process ind remanen in eaden curian recently domini king in  person Self ring at westmonast abundantly to be fluid et that this only is  apparent upon a demurrer to the declaration this objection be make videlicet  it do not appear that the judgement be in force or where the record be at the  time of this action bring he shall have declare in person Self recently ring  at Westminster send jam in person lord ring nunc residen c abundantly to be  fluid c the court hold it be but matter of form but be a demurrer it be not  amendable see Ann c
case Frederick against cotton a action on a bill of exchange be good after  verdict though it be not aver that the party be merchant ante n Lut a bill  make Payable to the order of a be Payable to a ante comb Mod corn Rep kid on  bill bull n p the declaration on a bill of exchange must be special on the  custom of merchant hard Mod lev lev Lut Mod Mod case upon the custom of  merchant against the acceptor of a bill after verdict it be move in arrest of  judgement that the party be not aver to be merchant and upon debate the court  say that they will intend they such then another exception be move that the  bill be Payable to the order of the plaintiff and there be no order allege but  the court resolve without any difficulty that if by deed bill or other write  money be to be pay to a man order it be due to himself so the plaintiff have  his judgement shower KB note a general indebitatus assumpsit do not lie on a  bill of exchange but the party ought to declare special on the custom of  merchant ut above a trinity term the thirty of Charles the second in the king  bench sir William Scroggs Knt chief justice sir Thomas Twisden Knt sir William  wile Knt sir Thomas Jones Knt justice sir William Jones Knt attorney general  sir Francis winnington Knt solicitor general
case Frederick against GODFREIGHT to assumpsit a plea of good deliver must  aver that the plaintiff receive they in satisfaction SC Carth case upon  assumpsit the defendant plead that the plaintiff have receive good in  satisfaction and upon demurrer a exception be take because he do not say that  he pay or deliver they in satisfaction Adjornatur a
case freeman against bernard a award of mutual release and nothing else be not  good postea mich will Anonymous send for vide Jo S c comb S c holt S c Carth S  c salk S c salk S c ld ray S c ray Ent assumpsit on the sale of hop the  defendant plead submission to arbitrator who award that each party shall  release all action to the other that he tender a style Allen roll Abr b roll  Abr c roll Abr modern report er p such a release and be and still be ready to  release and so pray judgement si action the plaintiff demurrer the question be  whether the defendant plea be a good bar holt chief justice deliver the  opinion of the court and say there be no question but if they have award a sum  of money to be pay or a horse or anything in satisfaction the very award of  this though not actual deliver will have be a good bar but now in this case  there be nothing award but only a way and mean mutual to discharge all action  now there be a great difference between award the do anything in satisfaction  and the award a release of a action for when a thing be award to be do in  satisfaction that raise a new duty in lieu of the old one discharge as if  money be award to be pay debt lie for it but in the case of a release there be  only a method order to discharge the action if the award itself discharge the  action there needs no release to be give because action be go before but the  action be not discharge until the release come until it come actual it can be  a bar judgement for the plaintiff
case freeman against tailor a judgement against a mortgagee obtain subsequent  to the mortgage do not attach upon asset produce by a release of the equity of  rede action S C keb lev show Mod Mod Mod Vert fitzg Prec Chan Abr Eq case  tempt Talb ld ray Peer wms Peer wms Peer wms l modern er p another case in  chancery one mortgage land then confess a judgement and die the mortgagee buy  of the heir the equity of redemption for two hundred pound the bill be prefer  by the creditor by judgement against the mortgagee and heir either to be let  in by pay the mortgagemoney or else that the two hundred pound receive by the  heir may be asset and the court say that the mortgagee estate shall not be  stir but it be leave by finch Lord keeper to be make a case whether the two  hundred pound shall be asset in the hand of the heir a
case freeman case a person commit by the privycouncil be entitle to be bail if  the warrant do not express a sufficient crime with convenient certainty post  ante Bl Rep ld raym Bac ab hawk p c freeman be bring to the bar by habeas  corpus out of the fleet and the return be that he be commit on the that  February by the lord of the privy croak car er p Council for diverse cause and  misdemeanour until the give order to the contrary as appear by their warrant  there produce it be also return that he be to be detain by another warrant  from the say lord that April wherein be mention that he be warn by a messenger  in December to appear before the say lord refuse to come before they and in  contempt make a rescous and cause thereby a great tumult in the town which be  prove before the say lord by the oath of two person therein name they  thereupon the that February commit he and now by this warrant appoint the  warden of the fleet to retain he until they give further order c bagshaw for  the prisoner hereupon move that be may be discharge or at least bail as to the  first return the court hold if there have not be a second commitment return be  ought to have be bail but for the second they give time until Saturday for the  king counsel to maintain the return and to show cause why he shall not be bail  and the king counsel say they will proceed against he by indictment or  information and that there be diverse precedent where such information have be  bring in this court for misdemeanour
case freeman versus freeman Eq Abr pl S c vern S c more full state a man enter  into bind that his son who be tenant in tail shall not alien and die the son  suffer a common recovery and thereupon the bind be put in suit the bill be  bring for relief but be dismiss with cost precedent in chancery de boundary S  mich in curian porter
case freeman versus freeman Julii Eq can ab pl pre Ch the father settle land  upon his son in tail and take a bind from he that he shall not dock the entail  on bill to be relieve against the bind bind decree to be good if the son will  not have give the bind the father may have make he only tenant for life post  can the father settle land upon his son in tail and take a bind from he that  he shall not dock the entail bill to be relieve against the bind the plaintiff  be executor of the son of he who give the bind which son it appear have suffer  a common recovery and devise the land in question to the plaintiff and her  heir r l Vernon chancery case per cur the bind good have not the son agree to  give the bind the father may have make the son only tenant for life and though  the alienation be not make by the son but by his issue bill dismiss with cost  Reg lib a fol quaere yet vide Inst b b a Tatton v Molineux more Jervis v  Bruton post say vide Collins v plummer post and p wms fane v hence Vernon  chancery er report date case fane versus hence Julii Eq can ab pl S c S p a  only child of a freeman of London advance in part be not to bring such part  into hotchpot sir veer fane marry alderman Bences daughter with who he receive  a portion in marriage the question be whether she be thereby exclude from her  orphanage share the testator not have by his will or otherwise declare her not  full advance vide Fouke v lewen vol and in case she ought to be let into a  orphanage share it be agree her portion be not to be bring into hotchpot  Vernon chancery case er p there be none in equal degree with her she be the  only child Reg lib a fol a case as to the custom order to be state no further  mention of the cause appear dean v Lord Delaware post Stanton v Platt
case freeston against Standford et elsewhere repugnancy in plead see post Bac  ab trespass the defendant plead that the place where be call Whiteacre c and  that it be his freehold the plaintiff reply that the place where be call  blackacre the how in barra the defendant rejoin that the acre pentioned in the  bar and the acre mention in the replication be one and not diverse and it be  thereupon demurrer and adjudge without argument to he no plea for it be  repugnant to say they be both one when the plaintiff by his replication have  affirm upon record that it be another for when he say the it can be idem and  so be Henry pl Henry pl and Walmsley say it be so adjudge Elizabeth wherefore  it be adjudge for the plaintiff a see will and mary c croak Elizabeth er p
case French versus baron the same day see James v Kerr Ch d Biggs v Hoddinott  Ch the court can declare a will well prove where a heir at law be not to be  find the court will not allow a mortgagee more than his principal and interest  notwithstanding the mortgagor have agree he shall be pay for his trouble of  receive the rend a bill bring by a residuary legatee for sale of a real estate  pursuant to the will of Arthur squire and that the residue after payment of  debt may be pay to the plaintiff the bill suggest that no heir at law can be  find which be admit by the defendant answer atkins er p Lord chancellor let  there be a sale of the real estate but I can declare the will well prove there  be no heir at law vide in Colton v Wilson p W though there be a private  agreement between a mortgagee and the mortgagor for a allowance for the  mortgagee trouble in receive the rend and profit of the estate yet the court  will not carry it into execution for they will not allow he any more than his  principal and interest vide Bonithon v Hockmore vern Godfrey v Watson post vol  the point here report do not appear in the register book Reg lib a fol
case FRENCHS case bail may detain their principal in the compter in order to  surrender he to the proper prison in discharge of their recognizance even  though he be charge with a debt to the crown and the attorneygeneral oppose  the habeas corpus S C salk French have be arrest at the suit of several person  and have give in bail the bail have charge he with a action of four thousand  pound have he take up in the city and commit to the poultry compter in order  to remove he by habeas corpus and render in discharge of themselves to the  prison of the king bench where the original action be bring it be circuittime  and all the judge out of town before the bail can render he he be charge with  the queen debt the bail have now bring a habeas corpus to remove he up and  render he the attorney general oppose it because the queen as be allege may  choose her prison and the compter be safe than the marshal prison and he quote  the case of village v Clayton as a precedent for he but per curian if he have  be take up by the queen first there may be some reason that they shall not for  their own case lessen the queen security of her prisoner and that the queen  interest concur with that of the subject shall be prefer but on the other hand  the bail have take he up here the queen take advantage thereof in charge he  with her debt ought not to prejudice they and he be turn over
case Fretwell versus stacy may a leg a by give to executor for care and pain  if a deficiency of asset they must abate in proportion with the other legatee  the cause appear that march but only a general direction that legatee shall  abate in proportion in case of a deficiency Reg lib a fol so as to the point  in the print report attorneygeneral v robin p wms dict per cur heron v heron  atk as to abatement of legacy in general vide brown v Allen ante Vol and case  cite in note there Vernon chancery case er p
case frith case judgement shall not he reverse because the defendant have  neglect to plead good matter in bar or in abatement to the action post Cowp  term Rep Ant post debt upon two obligation of which one be not then forfeit  for the day of payment be not come the defendant plead to that a release and  take no advantage of it that it appear it be not forfeit to the other he plead  another croak Elizabeth plea and upon both they be at issue and find for the  plaintiff and this matter be allege in arrest of judgement that it do appear  upon the obligation show that the day of payment be not yet come and so the  plaintiff be not to have judgement upon it but it be adjudge for the plaintiff  for both because the defendant may have take advantage of it but do not but  waive it and plead a collateral matter which be find against he Edward the  defendant plead that the plaintiff have a coexecutor who be in life which have  release to he and upon this they be at issue and find for the plaintiff and  award he shall recover because the defendant may have abate the action be  bring by the plaintiff alone and have waive it Bartlet of counsel with the  plaintiff
case fry v wood easter term where a person have be examine here his deposition  may be read at law between the same party agree in this case where a person  have be examine in chancery that in a cause at law between the same party his  deposition may be use in evidence if it can be prove that the witness be dead  or by reason of sickness c be not able to attend or that he be out of the  kingdom or otherwise not amenable to the process of the court see bull nisi  Pri
case fryer against FAWKENOR judgement may be reverse for absurd prolix and  vicious plead and the clerk fine for enter they on record error of a judgement  in Shrewsbury in debt upon a obligation of forty pound condition to perform a  award the defendant demand oyer of the bind and condition and plead quod no  one to make arbitration the plaintiff imparls and afterward reply and show the  award and breach the defendant imparls and after make defence and demand oyer  of the bind and condition and plead the same plea as before the plaintiff  imparls and after reply verbatim as before the defendant thereupon demurrer  and show cause and reason that the award be ill and long argument for the  defendant then the plaintiff imparls and after come and show diverse cause and  reason and book case that this arbitrament be good and all these be enter upon  the record and afterward judgement be give for the plaintiff and for these  absurdity and prolixity in the plead and defence it be resolve that it be a  erroneous and vicious proceed whereupon the judgement be reverse and the clerk  fine for make such a record
case full against smith trover against ten declare of a conversion by nine and  judgement against ten be erroneous error from the court of common plea in a  action of trover against ten wherein the plaintiff declare of a find by ten  and a conversion by nine and judgement against all ten a see the case of  Jermey v Lowgar cro Elizabeth countess of Salop v Crompton cro Elizabeth  Paulain v Isham salk and whether c S a see Hussey v Jacob ante Hallet v Birt  post Harrison v cage post paramour v Johnston post modern report er p per  curium the conversion be the get of the action for if a man find good it be  lawful for he to take they wherefore it must be certain error but if you get  it amend in the common plea we will get it amend here
case full case the marshal of the queen bench may fetter a prisoner in  execution for a fine full be commit to the queen bench for a fine to the queen  and charge in execution at the suit of several other the marshal have a  jealousy of he and put iron upon he upon which he write a letter to the  attorneygeneral crave his help the court on this be communicate to they order  the marshal to keep he accord to law declare that if he die through cruel  usage it will be murder in the gaoler but own also that he may justify put he  in iron if he fear a escape or if he be otherwise unruly
case FULLIAM against harris in dower if the plaintiff be not name wife in the  first part of the writ it shall abate f n b a Com dig Mod dower the writ be  praecipe a quod To give back e Fulliam the pure milk of reason dowry svan of  earth c little while ago b Fulliam quondam man Himself c exception be take to  the writ because it be not in this manner praecipe a quod To give back e  Fulliam who to be wife b Fulliam c for in the beginning of the writ she ought  to be name wife of her husband c for that be the name whereby she claim her  dower and she ought to be his lawful wife otherwise she may not claim any  dower The court hold that the writ be ill and that the word in the writ b  Fulliam quondam man Himself c be not sufficient therefore day be give to the  plaintiff to show cause why the writ shall not abate
case FULSHAW against askew whether a statute merchant legal seal shall he try  upon hearing querelaper pais and if have as a statute it be void as a  obligation ante post error to reverse a judgement in the common plea for that  askew bring a hearing complaint to avoid a statute acknowledge before the  mayor of Lincoln because it be seal with a seal of one piecey where the  Elizabeth c a mercatoribus a do appoint it to he seal d with a seal of two  piece whereof the mayor shall keep one and the clerk appoint for this purpose  the other the defendant plead it be seal with a seal of two piece accord to  the statute and thereupon at the nisi prius at the city of Lincoln it be find  for the plaintiff in the hearing complaint and thereupon in the common plea it  be adudged that statulumprcedictum in form prcedid recognitum inside vacuum  firet el pro nullo haheatur upon this error be bring first for that the trial  in this case be not good for the issue be not to he try per pais but by e  certificate of the mayor and the other matter be allege as before in the  common plea second that this judgement qubd penilus to empty out be erroneous  for though it he void as a statute yet it be good as a obliuation but the  judgement be affirm for as to the trial it be a matter in fact triable by the  county and if it he not a statute it be no obligation but be discharge as a  statute it have lose its force in all respect and that the sole mean to avoid  it be by a hearing complaint for errorlieth where the statute be good but the  execution be erroneous sue upon it as ass b and the judgement be affirm vide  the judgement in d b pasch plea page
case furlong against bray Hilary term car roll trespass can be justify under a  order of the court of chancery S C sand S C keb ante vern stram Peer wms l  Peer wms the defendant in a action of false imprisonment justify the take and  imprison the plaintiff by virtue of a order of chancery that he shall be  commit to the fleet and the plea be judge nought because a order be not  sufficient it ought to have be a attachment he shall have plead a certain  breve de attachiamen to c modern er p
case further against further and other a recovery against one administrator  shall bind all and may he plead with no I asset ultra to a action for another  debt of the intestate ante I lev W Jones side strange Vaugh vent debt upon a  obligation against f and three other administrator of I S wbG plead that one I  d have bring debt in the queen pench upon a obligation of one hundred pound  against one of the administrator and recover by a nihU to say and that they  have riens in say mains to satisfy over and above the say debt and it be  thereupon demurrer Glanville move that this be not any plea for in regard the  defendant in the first action may have abate the bill by say that he ad  coadministrators not name this recovery shall not bind any stranger this  recovery be also covinous be by default and in proof thereof vide Edward pl  Anderson and Heaumond hold that it be a good pleaprimd fancy for a stranger  can falsify a recover that by reason of jointtenancy or nontenancy or by such  dilatories but only for matter of substance and if the recovery he for a true  debt it be not reason but that the administrator may suffer it to pass by  default and it be reason it shall he allow to all the other and if there he  any covin it be to he aver by the plaintiff forprimd fancy it shall not he so  intend but that it be true a it be move again and adjudge for the plaintiff  post croak Elizabeth er p and if there he any covin in it he may falsify it  for that cause and a recover against that one administrator shall bind he and  all his companion and therefore it be reason it shall bind all stranger and of  that oh pinion Owen and Walmsley say they be but they will he advice c
case FYSON versus in c b in a action against a bankrupt for debt due before he  become a bankrupt he may plead that the cause of action accrue before his  bankruptcy but he must plead it vigor to cause to stand Com dig title bankrupt  d vol p this be a action upon the case upon a indebitat assumpsit the  defendant plead that since the saint of June ante seek by auspices charioteer  he become a bankrupt within the several statute concern bankrupt whoever it be  causan action to grow progressively before the defendant be a bankrupt S de  hoc Pon see sup native land upon this the plaintiff demurrer and show for  cause first that it do not appear when the cause of action arise second that  the plea conclude to the country whereas it ought to have be with a averment  but without any regard to these reason the court hold the plea have because it  do not show that the defendant be entitle comens to this plea within the  statute annae c this Act expire on the that June a d Com dig for the plea be  have at commonlaw and when a statute allow such a plea the defendant must show  that he plead it vigor stat and it be not like the case where a statute give  liberty to plead the general issue and to give the special matter in evidence  for here the statute do not give any authority to plead the general issue but  to plead general in such manner and therefore he must show that he plead in  such manner by virtue of the statute
case gabriel mile case if husband and wife recover in debt and the wife die  the husband may take out execution on the judgement without to know facias    light lev Mod side cro car Mod Mod pale yellow Eq Rep fitzg vern ld ray ld ray  Peer wms will dougl h Bl Rep Gabriel mile and his wife recover in a action of  debt against one Cogan two hundred pound and seventy pound damage the wife die  and the husband pray to have execution upon this judgement the court upon the  first motion incline that it shall not survive to the husband but that  administration ought to be commit of it as a thing in action but this term  they agree that the husband may take out execution and that by the judgement  modern it become his own debt due to he in his own right and accord be take  out a to know facias and the case of Beaumond v long cro car be cite modern er  p
case GADLEY against WHITECOT Michaelmas term pound Elizabeth roll debt will  not lie in a inferior court on Elizabeth c S ante I sand cro James more style  hawk dougl but it be now determine that the quarter session may proceed by  information on this statute Cowp error of a judgement in Ludlow for that the  plaintiff be sue there in debt upon the Elizabeth c S for use a trade not be a  apprentice to that occupation and there recover the error assign be because it  be enact by the Eliz c that suit upon penal statute shall he by original or  information and it be here by plaint and it be therefore reverse croak  Elizabeth er p
case gage against SHURLAND a defeasance give of a judgement pen the suit can  be plead in bat to a to know sharpness ass p   light b roll ab more   light b  stram to know facias of a judgement the defendant plead that before the  judgement and hang the suit the plaintiff covenianted with he by the deed now  show that if he obtain judgement and the defendant upon such a day pai unto he  one hundred pound he will not sue execution and the judgement shall he void  and plead that he have pay the one hundred pound accord and demand judgement  the plaintiff demurrer and the opinion of the whole court be that it be not  any plea for he can make a defeasance of a judgement before it he give vide  Henry pl wherefore they say his remedy be only by writ of coven ant upon his  indenture and it be adjudge accord
case gage versus Bulkeley march a plea of a foreign sentence overrule be in a  commissary court only that be of a political nature for determine dispute to  French action this be a plea of a foreign sentence in a commissary court in  France relate to the same matter for which the bill be bring here Lord  chancellor it must be overrule for it be the most proper case to stand for a  answer with liberty to except that I ever meet with and the more so as it be a  sentence in a commissary court only which be of a political nature in order to  determine dispute that may arise in relation to French action
case Gainford against take to say that the plaintiff be in gaol for coin be  malicious and actionable ante ray lev skin Com dig will action for these word  thou waste in Launceston gaol for coin the plaintiff reply if I be there I  answer it well enough yea say the defendant you be burn in the hand for it  upon not guilty plead and verdict for the plaintiff it be move in arrest of  judgement that these word be not actionable for to say that one be in gaol for  coin no action lie because it be no affirmation that he do coin and he do not  say for false coin and the subsequent word that he be burn in the hand show  that it can be for false coin and they be but idle word but the court resolve  to the contrary that these be malicious word and show his intent to accuse he  for be imprison for coin and the subsequent word exaggravate and diminish not  the former wherefore it be adjudge that the action well lie
case gale against ewer a parishioner be not bind to give notice of the  settingout of his tithe S c Com Rep libel by a parson in the spiritual court  on the statute of Edward for not set forth of tithe consist of various article  and the defendant not appear he be modern report excommunicate for it and now  he pray a prohibition because one of the article be for not give notice of the  set out of tithe per curium let it go because a parishioner be not bind either  by commonlaw or statute to give the parson notice of the set forth a and so go  quoad extraponendo Decimus
case Gamage against Watkins in debt on a judgement where the debt be under l  the defendant can be hold to bail though by the addition of cost it be above  that sum SC stram SC bar Writ of error bring here on a judgement in a action  for three guinea in the court of common plea the judgement be for fourteen  pound debt and cost and upon action bring against the plaintiff in error on  that judgement he be hold to special bail Mr Dennison move that the plaintiff  in error may be admit to imparl to the action pen the writ of error and may be  discharge on fill common bail modern Mr strange contra cite chamber v Robinson  Michaelmas term Geo where it be determine that special bail may be require in  the first action of debt bring on the judgement though not in any subsequent  action bring thereon Mr Dennison in that case no writ of error be bring and  until that be determine it do not appear that any debt be due Lord Hardwicke  chief justice it be pretty extraordinary that the pendency of a writ of error  shall not be a good bar to a action bring on the judgement as it be a  supersedeas to any execution but however in tenderness to the plaintiff in  error we never compel he to plead but give he leave to imparl and there can be  no pretence to hold the party to bail while the writ of error be depend probin  justice it be a constant rule that no bail be require in debt on a judgement  in debt where it can be require in the original action which appear here to  have be but for three guinea though the demand be now swell up to fourteen  pound the chief justice agree and say at that rate bail will be give for cost  which ought not to be but it be now decide in the case of Lewis v pottle term  Rep that a defendant may be hold to special bail in a action on a judgement  for ten pound for damage and cost though the original debt be under ten pound  a
case gambier vers larkin in c b when the defendant by his rejoinder depart  from his plea it be a good cause of demurrer ld raym ld raym Str will this be  a action of debt on a bind with a condition to be a true prisoner without make  any escape the defendant plead that I Larkin do remain a true prisoner without  commit any escape c the plaintiff assign a breach that on the that of January  I Larkin make a escape the defendant rejoin that I Larkin go a little way out  of the rule of the prison but be send for back by the plaintiff that he  immediate return and with the consent of the plaintiff be accept as his  prisoner and so continue ever since to which it be demurrer comens er p chief  justice reeve here be a breach assign to which the defendant rejoin that  Larkin do make a escape for he say that he go out of the rule of the prison  which be a escape   and so by the stat W c and then he return with the consent  of the plaintiff now this be a departure for if this will excuse the escape it  shall have be plead at first comens but this plea in the matter of it be no  excuse it be not say that he be retake on a fresh pursuit but he return be  send for without say when or after what time or any thing in certain so  judgement be give for the plaintiff
case gamble against forest to trespass a justification under the process of a  inferior court must show what court and that the place and cause be within its  jurisdiction S C keb Mod Mod fitzg Mod salk sand ld ray stram see the case of  Roland v feal Cowp and Trevor v wall term Rep a action of trespass be bring  for take away a cup till be pay he twenty shilling the defendant plead that ad  quandan curian he be amerce and that for that the cup be take hale chief  justice we can tell what court it be whether it be a courtbaron by grant or  prescription if it be by grant then it must be in person seveschallo if by  prescription it may be in person seneschallo or in person sectaloribus or  before both then it do not appear that the house where the trespass be lie be  within the manor then he do not say infra jurisdiction Curice it be put upon  the other side to show cause a it appear S C keb that judgement be give for  the plaintiff a
case GARBRAND versus MAYOT eoden die Eq can ab pl free S c a devise pound  apiece to all the child of his sister b a child bear after the make the will  and before the death of the testator shall take one Mayot have by his will  devise twenty pound apiece to all the child of his sister b the question be  whether a child bear after the make of the will and before the death of the  testator shall take by virtue of that devise Vernon chancery case er p the  court decree it to extend to the afterborn child the word child comprehend all  together with pound towards the cost of the suit within a week after they  shall have notice of the say order under the hand of one of the deputy  register of the court without put the plaintiff to the further charge of serve  they with a writ of execution under the seal of the court and for so do the  defendant be indemnified Reg lib a fol vide Northey v Burbage pre Ch cook v  cook post wield v Bradbury post Musgrave v Parry post hale v hale pre Ch  Northey v strange p wms and cite the case in Vernon chancery case dyer dyer a  Inst b where if a man have make three feoff and devise that his feoff shall  sell his land there though one die the survivor may sell but if the devise  have be to three person by name and one have die the survivor can not sell
case gardener against booth on suit for tithe suggestion of a modus the  suggestion must be prove S c salk a prohibition be grant in a suit of tithe on  a suggestion of a modus and consultation be pray because they have not prove  their suggestion and per curium suppose the plaintiff have declare in a  prohibition and the defendant have plead thereunto yet the suggestion by force  of the statute must be prove within six month but then the suggestion be enter  on the roll and for that the roll must be bring into court that it may be see  whether there be a proof thereon or no after which it appear no proof have be  make a consultation be award
case gardener against Hobbs in trespass if the defendant justify the take for  poor rate and the plaintiff be nonsuit and the jury do not assess damage a  writ of enquiry shall issue so in detinue and in replevin S c holt this be a  action of trespass and the defendant justify by virtue of the Elizabeth c for  the poor rate c the plaintiff be nonsuit but no damage be find therefore  counsel move for a writ of enquiry holt chief justice I remember a case where  upon a action of detinue and upon issue non to hold off the jury lid not  inquire of the value and afterward we grant a writ of enquiry it be every day  practice that if the plaintiff in replevin be nonsuit see the case of freeman  v lady archer Bl Rep and dwell v martial Bl Rep will a the jury shall find  damage and cost for the avowant see the case of Valentine v Fawcett stram b
case gardener case a conviction on a penal statute be remove by certiorari  into the king hench the defendant may plead against it special   Tremain ld  ray Bl Rep say vide salk gardener have judgement in debt against saint John  justice of peace in the county of Hedford procure a writ of execution direct  to the sheriff of Hedford who make a warrant to gardener own brother to be a  special bailiff to serve that execution who go to serve it and fear a rescous  to he make carry with he a dagg whereupon the say saint John cause one of his  servant to go and search he and find he arm with a dagg bring he before his  master be the next justice of peace who by colour thereof commit he to gaol  until he pay l accord to the statute of Henry c whereupon he remove himself by  a haheas corpus and all this matter be disclose to the court they all hold it  to be no croak Elizabeth offence against the statute for a sheriff or his  minister in execution of justice to carry such a handgun for otherwise no  justice will he administer and in this case and jour this purpose it be lawful  vide Henry pl and they all hold that a dagg be a handgun within the statute  although it be not name therein wherefore they command a plea to he draw  comprise all this matter which be do and then it be confess and the party  discharge croak Elizabeth er p
case Garford and his wife against clerk and his wife in a action for  defamation it must he express allege that the defendant speak the word keb lev  Bac ab see to Rep action for that the defendant wife speak of the wife of the  plaintiff qucedam falsehood el seandalosa word quoruqn tenor sequitur in haec  word thou art a arrant whore and a old wormeaten jade and one of your side  have be eat out with the pox the defendant plead not guilty and find against  they and it be move in arrest of judgement that the word shall not maintain a  action and that the declaration be not good because it be not a express  allegation that she speak the same word and for this cause the whole court  hold the declaration to he ill for something may he omit in the quorum tenor c  which be within the word which will cause the word not to he actionable and  although it he a usual course to plead a deed or record etius tenor c that be  because the deed or record may he view whether it agree with the recital  wherefore the judgement be state but as to the word themselves the court hold  they to he actionable croak Elizabeth er p
case GARIBALDO against CAGNONI it be a contempt know to procure the arrest of  person go to court to plead to a indictment S c post S c salk S c holt  Garibaldo come to court to confess a indictment for a assault upon Cagnoni and  as he be go home Cagnoni get he arrest for the same assault upon motion and  affidavit of this matter a attachment nisi be grant against he and before the  day he discharge Garibaldo and now come to show cause the rule be set aside  because the affidavit do not charge he to have notice that Garibaldo come to  court to confess the judgement for otherwise be can not be in contempt for the  arrest
case garland against sharp a use can be limit upon a use see note   light b  trespass upon demurrer the case be that one feoff his two son to the use of  himself for life and after to the use of they and their heir ad ultimam v  oluntatem svan perimplendam and afterward devise it to sharp the defendant in  fee and whether sharp hereby shall have the land or not be the question gawdy  conceive that he shall not for a use can be limit upon a use then when he  limit it to the use of his two son and their heir he can afterward limit it to  the use of his last will but the word ad perfo?mdndum ultimam will as croak  Elizabeth to limit any use thereby be void word and to that opinion Clench  agree but Fenner doubt thereof wherefore it be adjourn croak Elizabeth er p
case garnet against clarke a promissory note to pay on account of his mother  be not within the Ann c assumpsit upon a promissory note whereby the defendant  promise to pay so much upon account of his mother and it be object that there  be no consideration to it holt chief justice say that a promise to pay to I S  be good but a promise to pay to I S upon account of I n be not good for that  be not within the word or meaning of the statute Ann c the consideration imply  in the statute be that when the party promise upon his own account it must be  presume he be indebt or else he will not promise to pay it aliter where the  promise be to pay upon account of a three person a see Banbury v Lissets stram  Peirson v Dunlop Cowp smith v Kendal term Rep a modern report er p in this  case holt chief justice direct a verdict for the plaintiff but under control  and order the postea to be stay
case GARNONS against Hodges promise in consideration that the plaintiff will  use his endeavour to procure a assurance be good and the place of procurement  need not he allege ante yely more cro James assumpsit in consideration the  plaintiff shall use his endeavour to procure the defendant father to assure  such land that he will give to the plaintiff if he procure the father to make  the assurance and allege in fact that he procure c and that the defendant have  not pay c the defendant plead non assumpsit and find for the plaintiff and  after verdict it be move in arrest of judgement that the declaration be not  good because he do not allege the place where the procurement be say non  allocatur for the promise be in consideration he shall croak Elizabeth er p  use his endeavour and now issue be take upon the assumpsit which be collateral  wherefore it be good enough and it be adjudge for the plaintiff
case Garraway against harrington in the exchequerchamber vide ante page in  debt for rend on a lease take by extent upon a statute the declaration must  state the inquisition return by the sheriff ante assize pl Edward pl     a cro  Elizabeth salk ld ray error upon a judgement in the king bench the error  insist upon be that the declaration do not comprehend sufficient title for it  be ground upon a extent which ought always to be by inquisition and the  sheriff himself without a inquisition can execute it and here it be not that  the sheriff return the inquisition but that croak James er p the reversion and  rend be deliver in extent and this be hold to be a incurable fault and for  this cause the judgement be reverse but they do not deliver any opinion on the  matter in law whether he be utter bar by acceptance of that lease or whether  the conusee shall avoid the second extent by action or whether he shall be put  to his hearing complaint for it be object that he may not avoid the extent of  the statute but by hearing complaint
case garret against Fulwood the Elizabeth c extend to cause civil and criminal  cro James it be hold by the court that the Elizabeth c be to he intend not  only of excommunication for criminal cause but in any other suit there for  legacy probate of will tithe or other cause there
case garret against SHELSON to say of a trader that he be not worth a groat be  actionable case for word thou art a pitiful idle rascal and not worth a groat  hold actionable be speak of a weaver and allege that he get his live by buy  and sell because the word amount to as much as call a man a bankrupt and  judgement for the plaintiff the case of drake v hill in side be the same  opinion d Dalton justice cap e lambard f Dalton justice cap a see will mary c  hawk p c ch S shower KB er p
case garret against tailor refer to mogul S S   v mgregor Q B D A C a action  for misfeasance will lie for threaten the workman or customer of another so  that he thereby lose profit roll Rep Dany ab Bac ab action on the case whereas  he be a free mason and use to sell stone and to make stonebuildings and be  possess of a lease for diverse year to come of a stonepit in hedington in the  county of Oxford and dig diverse stone there as well to sell as to build  withal that the defendant to discredit and to deprive he of the commodity of  the say I impose so many and so great threat upon his workman and all comer  disturb threaten to mayhem and vex they with suit if they buy any stone  whereupon they all desist from buy and the other from work c after judgement  by nothing to say for the plaintiff and damage find by inquisition to fifteen  pound it be move in arrest of judgement that this action lie not for nothing  be allege but only word and no act or insult and causeless suit on fear be no  cause of action croak James er p say non allocatur for the threaten to mayhem  and suit whereby they dare not work or buy be a great damage to the plaintiff  and his lose the benefit of his quarry a good cause of action and although it  be not show how he be possess for year by what title c yet that be but a  conveyance to this action be hold to be well enough and adjudge for the  plaintiff
case garret ux versus pretty all Julii in court one devise pound to his  daughter at or marriage provide she marry with the consent of a b and if she  marry without such consent then she be to have but pound and the legacy to  cease the daughter marry without consent yet she shall have her whole pound  because it be not devise over but only to fall into the surplus post Mr pretty  by his will devise three thousand pound to his daughter the plaintiff Garretts  wife at Vernon chancery case twentyone or marriage and recommend her to the  care of one Mr Scriven his friend provide if she marry without the consent of  Scriven her legacy of three thousand pound to cease and and in lieu thereof he  give unto the plaintiff pound only r l she to have but five hundred pound and  make the defendant his son executor and residuary legatee the plaintiff  intermarry without the consent of Scriven yet the court decree her the whole  three thousand pound with interest from the marriage and principal because it  be not express devise over but to fall into the surplus the decree be so but  no reason state Reg lib a fol note there be a bequest over of the residue vide  Jarvis ux v duke ante vol p and case cite in note there Scott v tiler bro Ch  Rep dick
case garret versus overturn in court Lord chancellor the mortgagee devise a  mortgage of which he have get a decree of foreclosure nisi by the name of his  other freehold estate in a this mortgage be devise as real estate shall not go  in satisfaction of a less debt but if asset be deficient shall be consider as  personal estate for payment of debt Mr garret be indebt to the plaintiff his  brother devise to he a mortgage of pound of which he have get a decree of  foreclosure but die before the account be take or the mortgagor absolute  foreclose in these word and to my brother and his heir my other freehold  estate in Feversham Lord chancellor the land in mortgage be devise as real  estate shall be consider as such between the devisor and devisee and therefore  though this legacy be eater than the debt it shall not go in satisfaction of  it but if asset fall short it be still to be consider as personal estate for  the payment of debt Monday June the that
case garth versus Egerton mark after two nonsuit and a verdict for defendant  on a issue of deins age on debt on bind bill be bring suggest the register on  which the verdict be give be raze and alter defendant plead the nonsuit and  verdict order to answer the bill on debt on a bind and deins age plead there  be two nonsuit and at last a verdict for the defendant bill surmise that the  evidence at the trial be a churchbook which the plaintiff have since discover  be raze and alter and egerton name put in the place of another person and  likewise that there be a picture in the house of majorgeneral Egerton that  will help to make out his age defendant plead the nonsuit and verdict on full  evidence and by answer set out that the churchbook be give in evidence on the  trial and the pretend rasure then observe and insist on and that the witness  who make the affidavit annex to the bill and swear to have make this  alteration in the churchbook by the direction of the lady Egerton be a witness  at those trial and that the first nonsuit be in the verdict twelve ear ago and  that after such trial and length of time he ought not to be far trouble in  equity but the court order he to answer the bill entry of plea and demurrer  overrule Reg lib a foe and mention the case of hard and size where after five  trial lease or no lease it be at last discover that in a office post death the  lease be find and set out in hc word
case gascoyn against LONGVILE a inquisition of office find that a person be  seize at the day of his death be good S c Noy f n b it be resolve by the two  chief justice the surveyor and attorney of the court of ware that a office  find that one such be seize in fee at the day of his death although it do not  find his die seize be sufficient for that answer well the word of the writ of  they to shut extremum and it shall he intend that he die seize but in Danbies  case it be resolve that a office find that one such hold the queen the day of  his death without find the seize or estate be void and it be say that accord  to these resolution there be many ancient precedent a see Ann c S croak  Elizabeth er p
case Gastrell against townsend word actionable action for word thou baste seek  the blood of my husband and waste his death for if thou have been a honest  woman he have been alive yet and aver in facto that her husband be kill it be  move the action lie not for it be not say she do any unlawful act and it be  cite to he adjudge mich pound Elizabeth that for these word thou weave the  death of I S action lie not for it may be by grief but it be rule here that  the action lie for they shall he take to he speak in evil parten and it be  adjudge for the plaintiff
case gately against Gillingham in action by original there must be fifteen day  between the testae and the return both of writ and process case by original  upon a promissory note judgement by default and a writ of enquiry test the  eight of November returnable octabis Martini Whitacre move in arrest of  judgement for that there be not fifteen day between the testae and the return  of the writ of enquiry for in all judicial writ where you proceed by original  there must be fifteen day between the testae and the return not only in the  writ but also in the subsequent process and accord the court holt chief  justice absent incline that it be ill say adjournatur
case Gaulin against simonds Michaelmas term Elizabeth roll mistake in the  descent plead in abatement   b theol bk c S sum   Ent a Com dig formedon in  descender the tenant plead in abatement that the donee have issue a son who  after their death enter and be seize by force of the tail who be not name in  the writ and the plaintiff demurrer qucere the cause and without argument it  wag adjudge to be a good plea and the writ be abate
case gavell and his wife against BERKED to say you be a pimp and a bawd and  fetch young gentlewoman to young gentleman be actionable without lie any  special damage S C side S c vent S C keb Ro ab cro Elizabeth cro car ld ray ld  ray stram Mod Mod Mod term Rep action for word videlicet you be a pimp and a  bawd and fetch young gentlewoman to young gentleman upon issue not guilty  there be a special erdi t find Jones the declaration say further whereby her  husband do conceive a evil opinion of her and refuse to cohabit with her but  the jury not have find any such special damage the question be whether the  word in themselves be actionable without any relation have to the damage  allege I confess modern that to call one bawd be not actionable for that be a  term of reproach use in scold and do not imply any act whereof the temporal  court take notice for one may be say to be a bawd to herself but where one be  say to be a bawd in such action as these it be actionable Henry pl if one say  that another hold bawdry it be actionable so also in Penson v Gooday cro car  thou keep a whore in your house to pull out my throat these word have be  adjudge to be actionable for that they express a act do and so be special and  not general rail word in the case of Dimock v Fawcett cro car two justice be  of opinion that the word pimp be actionable of itself but I do not rely upon  that or the word bawd but take the word all together they explain one another  the latter word show the meaning of the former videlicet that her pimp and  bawdry consist in bring young man and woman together and what she bring they  together for be sufficient express in the word pimp and bawd videlicet that  she bring they together to be nought and that be such a slander as if it be  true she may be indict for it and be punishable at the commonlaw the court be  of the same opinion and give judgement for the plaintiff nisi c
case gawdy against PICKERSDALE a inferior court may amend error of fact in the  record by the minutebook error of a judgement against a executor in Rippon  court the verdict give the plaintiff three pound damage one shilling cost and  five pound ten shilling de increment and judgement quod quer pillage summas  stringent to seven pound c de good testator ac si de good not common with  others of the defendant per curian we will not stiff they to amend any error  in knowledge or skill by their book of minute yet we will allow amendment of  error in fact in the record by the minutebook if it appear upon examination to  have be original right in the book and not make for that purpose and holt  chief justice remember the case of Sanderson v lanier salk a where in error on  a judgement in the court of Northampton they will not stiff they to amend  teaching to be into teaching be yet in the same case there be but eleven  juryman name in the record there be twelve in the book they suffer they to  amend that easter term the three year of queen whether at the sit before sir  John holt Knt chief justice of the court of queen bench
case GEERY against reason see brook v Drysdale c p d the word provide and it  be agree c make a condition and not a covenant roll Abr   light b cro  Elizabeth     dyer vent Com dig stram Cowp dougl covenant the plaintiff  declare that by article indent show c in year domini he demise to the  defendant certain room in BearAlley until midsummer render the sum of S d rend  provide and upon condition that the say reason shall gather the rend of other  the plaintiff tenement in BearAlley reserve quarterly and mention in a  schedule and pay the same within twenty day after every quarterday and it be  agree that the say reason shall retain the rest of the benefit to be make of  the say room over and above the say six pound thirteen shilling and fourpence  per annum for his pain in gather up the say rend and show that the rend be  mention in the schedule and amount to l per annum and that the defendant have  not pay the say rend but be do not show that the defendant have gather they  the defendant thereupon demurrer for it seem that here be not any covenant to  gather or pay the rend but a forfeiture of his lease if he do not gather and  pay they be gather and if he do not pay they be gather a account lie croak car  sprout for the plaintiff insist much that these word provide c in the  indenture shall make a covenant but all the justice conceive it be not a  covenant but mere a condition annex to the estate which determine it by not  collect and pay the rend and it S not to be intend that it shall be a covenant  to enforce he to gather and pay they where peradventure he can collect they  and thereupon without argument it be adjudge for the defendant
case GEEVE against COPSHIL Michaelmas term Elizabeth roll word not actionable  action for these word thou art as cozen a fellow as any be in the country the  last time thou be undersheriff as now thou art thou do serve a execution for a  neighbour of I and do keep the money in your hand the defendant demurrer and  after argument at the bar by snag for the plaintiff it be adjudge maintenance  that the wordds be not actionable for a action will not lie for call one  onzening fellow and the last wordds be not actinable for it be not express how  long time he keep the money in his hand and it may be he keep it only until  the return of the writ or by the assent of the party plaintiff it be therefore  adjudge for the defendant
case general rule return of a mandamus a rule be make that where a mandamus go  above forty mile the return shall be at least fifteen day and where under  forty mile eight day at least a there be no such rule of court in the  collection of rule and order b r print in a
case gennings against Markham a award that one party shall pay on the  twentyfirst of may and that the other party shall release upon the say first  of may omit twenty be void post roll ab Yelv style skin salk ld ray hawk p c  debt upon a obligation the condition be to perform a arbitrament the defendant  plead no one to make arbitration the plaintiff show the arbitrament videlicet  that they award the defendant shall pay super fivepercent tax at first diem  maii tunc proxime following twenty pound to the plaintiff and that the  plaintiff super prediction at first diem maii shall release to the defendant  all his right in such copyhold immediate upon the say payment and allege the  breach quod although he be ready to make the release that the other have not  pay the twenty pound accord to the say arbitrament croak James er p it be  thereupon demurrer for it be move that in regard the release be to be make  upon the foresay first day of may and there be not any such day so it be  insensible the arbitrament thereupon be void it be the consideration of the  payment the payment need not to be make but be void in all the whole court be  of that opinion for the recompense in the arbitrament ought to be equal and  reciprocal and if it be void on the one part it be void for all say  adjournatur
case george against pierce a witness have declare that he receive a guinea to  conceal the truth be no ground for a new trial in order to a new trial a  affidavit be read that one of the witness have declare that he have get a  guinea to stifle the truth gold justice a affidavit of he who have the guinea  will be something but a witness say so be nothing a witness be lie a wager in  the cause be no hindrance to his be a witness for the other have a interest in  his evidence which he can deprive he of
case George case word be not actionable if they be so general that they will  not subject the party to punishment if true SC more post cro James cro car  sand action for word thou art a cozen knave thou have cozen I of twenty pound  at such a place and such a man of twenty pound and there be never a George in  England but he be a cozen fellow upon not guilty it be find for the plaintiff  and it be rule that the action lie not for Wray say they be too general to  hear a action and a man be to suffer no pain or loss for those word if they be  true and one Egletons case be cite to he adjudge thou art a cozen coroner for  thou have cozen I S of his land no action lie and Wray say that in a writ of  error hetween Warker and Middlemore which do depend in the exchequerchamber  action for these word thou art a cozener for thou have I to Coventry and do  cozen I of eighty pound judgement be give for the plaintiff in the queen bench  but it be never move in that court for if it have they will not have give  judgement notam Trin that judgement be reverse in the exchequerchamber
case george LOVEGROVE against INOCKE a variance hetween the lihel and  prohibition in the Christian name be fatal ante Cowp t Rep prohibition the  suit in the spiritual court be against the plaintiff by the name of Gregory  Lovegrove as appear by the lihel which in truth be a wrong name yet for this  variance hetween the pF9bibition and the lihel the prohibition be abate
case george mead against sir John Lenthall a office to which a trust be annex  or which concern the administration of justice can be grant for year Jones  bull roll ab roll ab   Com dig hob Mod Bac ab dougl term Rep action on the  case for disturb he to execute the office of marshal of the king bench grant  to he by patent for year a upon not guilty plead and special verdict find the  sole question be whether a patent of this office grant for year which be the  plaintiff title be good or not it be argue by Jenkins and Maynard for the  plaintiff and by heath and roll for the defendant and after advisement of the  court until this term it be agree nullo to speak against that judgement shall  be give for the defendant Brampston chief justice deliver all their opinion to  be so principal for the reason give in the case of sir George reignolds   for  this be a office of great trust and attendance continual in court great  inconvenience will ensue if such office may be grant for year which thereby  may come in suspense upon probate of a will until administration be commit  thereof and it may fall or be give to person insufficient of who the court can  not convenient admit and whereas it be object that it may be grant in fee or  in tail c and so a see Geo c croak car er p descend to a infant c and  therefore for year it be answer that in such case the court have use to put in  another fit person for the time and whereas it be object that office of  sheriff be grant for year until restrain by a statute of Edward it be answer  that those grant be de facto but it never be debate what inconveniency may  ensue by the grant of such office in that manner which concern the justice of  the kingdom and which require continual attendance
case Gervis against HALLEWEL the king may grant a commission of review though  the pound Henry c say the sentence of the delegate shall he final post more  hob just Ro ab   Inst skin Carth comb Bac Abr prohibition a sentence in the  spiritual court at Litchfield be have against the a see Geo c a vide I James c  repeal by Geo c croak Elizabeth er p plaintiff who afterward appeal to the  arch where the sentence be affirm and adjudge against the plaintiff whereupon  he sue a commission to the delegate and the matter be reexamined and sentence  then give for the plaintiff and thereupon another commission be sue forth to  reexamine this matter and now a prohibition be pray to stay this for it be say  that by the Henry c it be appoint that a sentence before the delegate shall he  final and then this second commission be not well award but it be thereto say  that the queen have by law a absolute power to grant commission to reexamine  which be not restrain by the Henry c and that it have be so rule before these  time of that opinion be Popham but because it be a new case they will advice  thereof
case Gervis against PEADE breach of covenant ante more sand wood con dougl  term Rep tenant for life make a lease for twentyone year by indenture and  covenant that he have not do any act to prejudice the say lease but that he  shall enjoy it against all person the tenant for life die and the lessor enter  the lessee bring covenant against the executor and it be adjudge that it lie  not for the last word but that he shall enjoy it against all person refer to  the first word videlicet for any act do by he c and so the covenant be not  break croak Elizabeth michaelmas term pound Elizabeth in the queen bench sir  John Popham Knt chief justice sir Francis gawdy Knt Edward Fenner Esq John  Clench Esq justice sir Edward coke Knt attorneygeneral sir Thomas Fleming Knt  solicitor general
case Gibbins against vaughan Michaelmas term James roll and if a plaintiff  attorney omit to file his writ of privilege the judgement will be erroneous  Edward pl dyer dougl Tidds practice of b r to see Elizabeth c S James c car c  Ann c Ann c and Geo c error of a judgement in the common plea the error assign  because in debt by a attorney by privilege the declaration mention that the  defendant be attach by a writ of privilege and appear and imparle and after  judgement be give upon nothing to say there be not any writ of privilege file  and for that cause the judgement be reverse
case gibbon against cordell how a livery in deed of land may he make I Leon  more   Litt wood con term Rep ejection formic the case upon special verdict be  Heydon be seize of the house and land in question and come to Cordell to  borrow l of he and for assurance of the money offer he the house and land in  question and thereupon they agree and go to the house and Heydon call the  tenant of the house who be tenant at will and say sir I have sell my house and  land to Cordell for twenty pound if I pay he not the money at such a day and  if I pay he the money I shall have the land and if I pay it not then I clear  bargain and sell they to he and put Cordell into the house and lock the door  and deliver he the key and say to the tenant take he for your master it be  argue by Godfrey and snagg and afterward adjudge it be a good livery and a  estate a confirm by Henry c croak Elizabeth er p for life at the least pass  but if a fee pass it be not question because Cordell be alive
case gibbon against dove time to except against bail put in upon a writ of  error c SC salk per curian et all men clergyman upon a writ of error and bail  put in the defendant have twenty day to except against the bail which  exception ought to be enter in the clerk of the error book he ought further to  take out a rule to serve upon the attorney or agent of the plaintiff to put in  better bail but that rule need not be serve within the twenty day but it must  be before execution sue out for want of bail note it be say that there ought  to be notice of the exception within twenty day
case gibbons against pepper in assault and battery a plea that the defendant  horse take fright and run upon the plaintiff be bad S c salk S c ld ray  assault and battery the defendant plead that he be ride on a horse in the  highway and that on a sudden fright the horse start and run upon the plaintiff  who continue in the way after he be call to go out which be the same assault  modern to this plea the plaintiff demurrer it be move in behalf of the  defendant that what he have plead be a sufficient excuse for it be no neglect  in he and the mischief do be inevitable it be like the case of weaver v ware  hob more roll Abr a where in trespass assault and battery the defendant plead  that he be a train soldier and that he and the plaintiff be under one captain  and in muster he discharge his gun which relating to with cases et per  misfortune et contra will svan do hurt the plaintiff and it be there hold that  if the defendant have plead that he can not have avoid it or that the  plaintiff have run across the gun when it be discharge or have set forth the  circumstance so that it may appear to the court to be inevitable that such a  plea have be a sufficient justification but it be answer that case be not  parallel with this because the fact be confess there but the battery be not  answer here he shall have plead the modern er p general issue for if the horse  run away against his will he will have be find not guilty because in such case  it can be say with any colour of reason to be a battery in the rider the  plaintiff have judgement
case gibbs against Walkley double error in fact assign be ill but if there be  error apparent in the record shall be reverse a double error in fact be assign  and per holt chief justice the way be to plead in nullo be erratum and show  the duplicity for cause to affirm the judgement vide roll Abr but if apparent  error appear on the record notwithstanding the ill assign of the error in fact  by reason of the duplicity yet judgement ought to be reverse for modern report  such apparent error but here no such error appear on the record the judgement  be affirm because of the duplicity of the error in fact per curian
case gibbs versus barnadiston Vid wms case tempt Talb post fearne count Rem  brown Rep devise of a personal estate to one and his issue or to one and if he  die without issue remainder over the remainder be void in this case it be hold  clear and decree that a devise of a personal estate to one and his issue or to  one and two he die without issue remainder over to another that the devise  over be void and the whole interest vest in the first devisee so as to be  liable to his debt and Mr Vernon say vern vern wms Eq Abr shepherd touchstone  the reason that a devise over of such personal estate upon a life bare be good  be because in construction of this court the first devisee have but the use of  it and not the entire property it have be so hold in former case but in the  modern authority Mr Vernon position have be deny Vid Butterfield v Butterfield  vezey and daw v Pitt and western FearnesCont Rem precedent in chancery er p
case gibbs versus cotton eoden die in court Lord keeper Vid ante case upon a  motion for a messenger upon a to take in hand corpus return in London the Lord  keeper say that now the grant of a messenger in such a case be become the  ordinary process of the court and it may be necessary for expedition but he  must take care that the king may not lose his amercement and therefore for the  future no messenger shall go till the sheriff be amerce but it be answer that  will occasion great delay for that the sheriff can not be amerce but in term  time when a to take in hand corpus be once return there be a end of all manner  of process and regular in such a case you ought to move that the defendant may  enter his appearance and be examine within four day or stand commit Frederick  v David post et vide anon p wms mile v lingham Ves holme v Cardwell mad
case gibbs versus herring post wms Eq Abr c atk atk with respect to a trust a  executrix have money in the hand of I S to a share whereof she be entitle in  her own right intrust I S to put it out at interest for her which he do and  the security prove defective she shall not answer the loss to the other  legatee or sharer a in his lifetime intrust I S with several money of his to  dispose of at interest then a die part of the money remain in the hand of I S  undisposed of the executrix of a desire I S to put it out at interest who do  so and the security prove defective the executrix shall not make it good to  the plaintiff who be to have a share of the estate by the custom of the  province of York but against a creditor she shall so it be of good sell good  fide to a person who become insolvent before all the money pay note she  herself be entitle to a share of the estate as well as the plaintiff No such  case appear in the register book the editor have search for it but in vain
case gibson against albert evidence chancery S c Eq Abr obiter if a man  unnecessary make any one a defendant he thereby cut himself off from the  benefit of his evidence for it be his own fault but where several be make  defendant it will not hinder any one of the defendant from the benefit of the  evidence of any other that be make so modern report indeed in case of trustee  it be necessary that they be make defendant and therefore there the plaintiff  may have the benefit of their evidence
case gibson versus cromwell e contra Jan Oliver Cromwell devise a term for  ninetynine year to trustee for debt and legacy and subject thereunto devise to  Richard Cromwell his father for life remainder to the plaintiff his sister the  debt and legacy be pay by sale of timber and wood yet a lease decree to be  make by the trustee to a tenant of part of the capital message and demesne at  S per and for nine year certain although oppose by the reversioners the entry  of this date in the register book Reg lib a fol contain the overrule and allow  diverse exception take to the master report as to the term of a lease which  have be allow by the master but the editor have not be able to find the  particular circumstance although there be many previous entry relate to a  decree make in the cause
case gibson versus S SCEVENGTON June in court Lord keeper whether bill take  pro acknowledged admitted fact after defendant appearance and sequestration  return otherwise where baron and feme be defendant and the wife only appear  sequestrator on mesne process Accountable for the profit and can retain only  so far as to satisfy for the contempt the defendant have appear and afterward  stand in contempt until a sequestration be return it be insist by the  plaintiff counsel that the bill ought to be take against the defendant pro  acknowledged admitted fact and cite two precedent where it have be so do and  say it be no more than a judgement by default at law but the Lord keeper will  consider of it till the next term vide Johnson v Desmineere ante Hawkins v  crook p wms Vernon chancery case er p and it be allege that baron and feme be  defendant and that it be the wife only who have appear and that without the  husband privity the Lord keeper refer it to a master to examine that fact and  say if it shall fall out to be so he can not decree against the husband but  they must proceed and lie on the sequestration to bring he in vide Lord ware v  Lord meath Ch can which the plaintiff counsel say be but a sorry remedy in  regard that sequestrator upon mesne process be Accountable for all the profit  and can retain only so far as to satisfy for the contempt and this sort of  sequestration determine by the death of the party Burdett v Rockley ante
case gibson versus WHITACRE Lord chancellor eoden die Eq can ab pl S c plea of  privilege ought to be upon oath the defendant be the foreign opposer in the  exchequer plead the privilege of that court and that he ought not to be sue or  implead elsewhere but the court overrule the plea because it be not put in  upon oath vide Parrott v Bowden ante as to plea of outlawry
case gidden against drury a warrant of attorney be good though no attorney be  present if the bailiff be good fide discharge SC holt the defendant be under  arrest for a just debt to get his liberty consent to give a warrant of  attorney to confess judgement to the plaintiff and there be no attorney by the  plaintiff real discharge as he pretend the bailiff before the warrant execute  holt chief justice upon examination of the matter declare he will be very well  satisfy by affidavit that the bailiff be so discharge so as if the defendant  have refuse to execute the warrant they will not come again and seize on he  and modern er p that he will have reason so to believe before he will let the  judgement stand and though this be debt for money due upon a mortgage yet he  say there ought to be bail
case gilbe against williams parson of neath and Llannoit in Glamorganshire a  suit in the spiritual court for a pension shall not be prohibit although the  prescription be not allege in form as at commonlaw ante f n b Inst cro  Elizabeth side vent salk strange term Rep prohibition for that the defendant  be vicar there where be two church sue in the spiritual court surmise in his  libel that whereas for ten year twenty year forty year and sixty year he ought  to say service in the one church on one Sunday and in the other church the  other Sunday alternately croak throw turn it be agree he shall say service  every Sunday and have videlicet S of each will to be tax of the inhabitant and  that the plaintiff be tax d have not pay c and because he do not allege a  prescription time whereof c a prohibition be pray but upon motion because it  be but a pension and mere spiritual and triable there and it be not necessary  to allege a prescription but for sixty year it be well enough and shall be  intend time whereof c unless the contrary be show and for that the suit be  before the prohibition and affirm in the appeal a consultation be grant  without inform he to appear and plead to the prohibition trinity term James in  the king bench sir James lea Knt chief justice sir John Doderidge Knt sir  Robert Houghton Knt sir Thomas chamberlain Knt justice sir Thomas Coventry Knt  attorney general sir Robert heath Krit solicitor general
case gilbert against the inhabitant OF PUDDLESGATE in a action on the statute  of hue and cry it be not necessary to lie a venue where the examination be  take action upon the statute of hue and cry a not guilty be plead and a  verdict for the plaintiff it be move in arrest of judgement that no venue be  lie where the examination before the justice of peace be within twenty day  which be traversable and not aid by the verdict it be a penal law but per  curium this be a remedial and not a penal law and if penal yet this be well  enough because it be not that which entitle party to the action but only the  causan without how non but perhaps it may be fatal on a demurrer
case giles against ferrers synonimous word post Cowp dougl the assize of  nuisance the plaintiff count that be praised house the jury find that to raise  up and exception take to it but the court be inform by the grammarian that the  word be of one sense croak Elizabeth er p croak Elizabeth michaelmas term and  Elizabeth in the queen bench sir Christopher Wray Knt chief justice sir Thomas  gawdy Knt John Clench Esq Rohert schute Esq justice sir John Popham Knt  attorneygeneral sir Thomas Egerton Knt solicitor general
case giles bray against sir paul tracy a reversioner in possession may  maintain a action for waste commit during the life of the tenant for life  although there be a intermediate remainder without impeachment of waste Jones    light a   more alein roll ab Inst Com dig dougl terin Rep waste and declare  upon a lease for year remainder to duke bray for life without impeachment of  waste remainder to Giles bray in tail for that the say duke bray be dead and  that the tenant have commit waste in cut down diverse oak to his disinherison  upon null waste plead the jury find all the declaration and that the tenant  have commit the waste in the life of the tenant for life who be now dead  before the writ bring croak throw the court hold that the plaintiff shall  recover and that there be not any variance betwixt the declaration and the  estate find for he commit waste in the life of the tenant for life when he die  he in remainder may have the action as if it have be do in his own time and  after the death of the tenant for life for although in the life of the tenant  for life the termor by his assent may have make waste and he have not be  punishable afterward yet when he be dead he who commit the waste have do it to  the disinherison of he in remainder and it be all one as if it have be do  after the death of the tenant for life croak James er p
case giles long against heminge Trinity term Elizabeth roll a advowson  appendant be appendant to the dernesnes of the manor and not to the rend or  service dyer b I roll Abr coke go light a Leon Sav Leon Leon doder Adv and see  Mr hargrave note   light b quare he foot soldier for disturb he to present to  the church of Fromehellett and declare of a advowson appendant to the manor of  Fromehellett by a feoff of the manor by croak Elizabeth Thomas long the  defendant make title to it and traverse without hoc that Thomas long feoff he  of the manor with the advowson appendant the jury find a special verdict that  the say Thomas long be seize in fee of a capital message and demesne land in  Fromehellett and of the service or fealty and one penny rend by the band of  William coyte who be seize of certain land in fee in Fromehellett and hold  they by the say service of the say Thomas long and that the say capital  message land and service be know by the name of the manor of Fromehellett and  that the say advowson have been always helonging to the say tenement sive  manor de Fromehellett and that Elizabeth the say Thomas long by parole without  deed give the say message and all the say tenement with the advowson to the  plaintiff and make livery accord and afterward Elizabeth the say Thomas long  grant the advowson to the defendant and than Elizabeth will   yte the tenant  do attorn to the feoffment and upon all this matter they pray the discretion  of the Court  The court resolve for the plaintiff for they all agree it be a  good manor though all the tenant but one be dismemhered from it a and when the  attornment come b he have then the entire manor and they say that a advowson  be proper appendant to the demesne and not to the service and by the livery of  the demesne the advowson pass and have pass although there have been no  attornment and it be adjudge for the plaintiff
case GILLAMS case good svan in a action by a executor mean the good of the  testator ante brown case Ch ejection firm e as executor for eject he out of b  be ferme el good svan ibidem to take in hand and after verdict find for the  plaintiff it be allege that good svan c shall he intend his own good and not  the testator curian contra
case gillet versus wray principle apply in re nurse Ch cf wh t l c that Edward  Eq can ab pl one by will leaves a annuity to his granddaughter but if she  marry with the executor consent then a portion she marry sans consent a man  worth nothing husband be not entitle to the money the have marry with the  executor consent be a condition precedent to the gift of the portion vide  Peyton v bury post Vol a man by his will leaves his granddaughter a annuity of  pound per annum for life and afterward by a codicil to his will declare that  if his granddaughter shall marry with the good like of his trustee then she  shall have pound in lieu of the annuity and her annuity to cease the  granddaughter afterward marry one worth nothing and without the consent of any  of the trustee whereupon it be object by sergeant Hooper that the restraint of  marriage be only in terror and that the granddaughter notwithstanding her have  marry as above ought to have the pound portion but the Lord Cowper decree the  contrary Reg lib a foe say here peer William be a provision make either way  and where the provision for the child be in the alternative and there be a  condition precedent to the gift of the portion videlicet if she marry with  consent c and that be not perform and the child be still provide for though  not with the great portion equity in that case do not relieve peer William er  p
case Gillmore against executor OF shooter see S C Jones t e r a Act of  parliament can have a retrospective operation and therefore the car c which  make certain agreement void unless they be reduce into write be hold not to  extend to a parole agreement make previous to the commencement of the Act S C  Freem S C lev S C Jones S C vent S C show Indebitalus assumpsit there be a  treaty of marriage between the plaintiff who be of kin to the testator and the  daughter of one Harris with who he afterward have two thousand pound as the  marriage portion and Mr shooter in his lifetime promise to give the plaintiff  as much or to leave he worth so much by his will this promise be make before  the that day of June before this action bring the marriage take effect Harris  pay the two thousand pound and shooter die in September follow have make no  payment of the money or any provision for the plaintiff by his will this  action be commence after shooter death and upon the trial a special verdict be  find upon the statute of fraud and perjury car c which enact I that from and  after the that day of June in the year no action shall be bring to charge any  person upon any agreement make in consideration of marriage c unless such  agreement be in write c and that this be a bare promise without write modern  er p and by wile and Jones justice absent Twisden judgement be give for the  plaintiff for it can not be presume that the Act have a retrospect to take  away a action to which the plaintiff be then entitle for if a will have be  make before the that day of June and the testator have die afterward yet the  will have be good though it have not be in pursuance of the statute trinity  term the thirty of Charles the second in the common plea sir Francis north Knt  chief justice sir Hugh Wyndham Knt sir Robert Atkins Knt justice sir William  Jones Knt attorneygeneral sir Francis winnington Knt solicitor general
case gilpin case see do v Timins barn Ald and note thereto if the ancestor  devise land in fee to his heir upon condition that he pay his debt within a  limit time the heir shall take as a purchaser and not by descent Lut salk Leon  cro Elizabeth bendl Plowd b say vide Mod Mod Mod Lut ld raym salk contra and  in Allen v Heber I Bl Rep stram it be adjudge that the heir shall be in by  descent brown can Ch Com dig Com dig see Powel on devise error of a judgement  in Kingston the error assign be because in debt upon a obligation make by his  father he plead riens per descent the day of the writ and issue be join  thereupon the jury find that the ancestor who heir he be and for who debt be  be sue be seize in fee of such land and by his will devise they to the  defendant be his son and heir and to his heir upon condition that he shall pay  his debt within a year and if be fail that his executor shall sell and pay his  debt they also find that be enter and do not pay the debt and the executor  after enter and pay the debt and sell the land and thereupon the court there  adjudge that it be asset in the heir hand because he devise it to his son and  heir in fee and for that cause the error be assign but the court here hold  that the judgement be erroneous for although the heir have a fee yet he have  it as a purchaser be tie with such condition whereupon rule be give to reverse  that judgement see the statute of car c S will mary c
case Glanville versus pain April Barnard Chanc Lord chancellor lie down the  follow rule that where a marriage settlement be execute after marriage in  pursuance of article previous to the marriage and the atkins limitation be to  the husband for life to the wife for life and to the heir of the body of the  husband to be beget upon the wife it be executory and will be carry into  strict settlement by this court otherwise if execute after marriage wit out  atkins er p any article previous to the marriage to direct the use of such  settlement see Fearne to the d edit the stat of h c S give a tenant in tail  power only to make lease for three life absolute but not for year determinable  upon three life vide Whitlocks case   a b where a settlement make after  marriage give a equivalent to the issue for what the be entitle to under the  settlement previous to the marriage the court will have dispense with carry  that before the marriage into execution but in the settlement make after  marriage in the present case no equivalent be give to the issue and therefore  the settlement before which be for the benefit of the issue must be pursue Mr  sergeant Barnardiston have state the case very full in his chancery report p
case Glascock against Duffield Michaelmas term pound Elizabeth roll a promise  to pay l if he fail to pay l on such a day will support a assumpsit for the l  Cowp assumpsit in consideration he will sell to the defendant three cow for l  that the defendant promise to pay the l at the Feast of easter follow and if  he fail that he will pay unto he l cum require essel and allege in fact that  he sell the cow unto he accord and that the l be not pay at the say feast  whereupon he bring this action for the l wherein he recover and in a writ of  erorr it be allege that it be not a sufficient consideration for the l but all  the court hold it to be good and affirm the judgement croak Elizabeth easter  term Elizabeth in the queen bench sir John Popham Knt chief justice sir  Francis GawdV Knt sir Edward Fenner Knt John Clench Esq justice sir Edward  coke Knt attorneygeneral sir Thomas Fleming Knt solicitor general
case glass versus oxenham February SC barn Charles though the person be come  of age during who infancy the will appoint a executor durante those inferior  in rank tate yet if he have not collect in the whole estate he must be bring  before the court a father by his will appoint a executor durante those  inferior in rank tate of his daughter and that she shall be the executrix when  she come of age the daughter turn of bring alone before the court though it  appear in the cause that the executor durante those inferior in rank tate have  collect in the great part of the personal estate the counsel for the plaintiff  insist it be sufficient to have the daughter because be of full age she be  complete executrix ab beginning and have the whole right of representation in  her Lord chancellor this bill be bring by the representative of the testator  widow for the sum of pound charge upon the whole real and personal estate of  the testator for her benefit and therefore you must have the representative of  the whole personal estate that be the executor durante minor tate and for want  of he the cause must stand over if the daughter have receive all the testator  personal estate from the hand of the executor those inferior in rank state  upon a account between they the objection for want of party have be overrule
case glynne against Nichols a action for divert a watercourse need not say for  what it be use SC comb case for divert of a watercourse in per et trans  messuag the defendant plead not guilty and verdict for the plaintiff it be now  except in arrest of judgement that he do not say for what use whether family  cattle or field and if it be not useful where it run it can be actionable to  divert it a
case gobbet case he be a cuckoldly knave be word punishable in the  ecclesiastical court ante roll ab salk stram ld ray lev show Carth burr stram  Mod Lut side C0m dig a prohibition will not lie for cite a man out of the  diocese of London to the diocese of Canterbury ante ray roll ab godb cro James  a suit for matter accrueing in London may be either in the arch or in the  consistory court for the archbishop have remit their court to each other post    raym side lev prohibition be pray by Bulstrode for gobbet to stay a suit in  the spiritual court for defamation in speak these word he be a cuckoldly knave  and cite precedent that for say he be a knave and a cheat knave suit be in the  spiritual court a prohibition be grant upon good advisement and the court say  that precedent be not like to this case for there be not any offence wherewith  the spiritual court ought to meddle but in this case for these word it be  proper to be examine and punish there pro reformation morum for it be a  disgrace to the husband as well as to the wife because he suffer and connive  at it whereupon absent Richardson it be deny to grant a prohibition croak car  second it be move that this shall be grant upon the statute of Henry c because  he be sue in the court of the arch which be in the archbishop jurisdiction and  the word be speak at thistleworth in London diocese as appear by the libel a  but Jones say that he be inform by doctor duck chancellor of London that there  have be for long time a composition betwixt the bishop of London and a see  Lutw and stram a see I roll ab b croak car er p the archbishop of Canterbury  that if any suit be begin before the archbishop it shall be always permit by  the bishop of London so as it be quasi a general licence and so not sue there  but with the bishop assent and for that reason the archbishop never make any  visitation in London diocese and hereupon the prohibition be deny
case GOBURN against wright fine reverse because the dedimus bear testae before  the writ of covenant ante see Com dig Bac ab sheep touch cruise on fine error  to reverse a fine in Chester the error assign be because the writ of covenant  bear testae after the testae of the dedimus power and it be hold to be a  manifest error and the fine be reverse for this cause croak Elizabeth hilary  term Elizabeth in the common plea sir Edmund Anderson Knt chief justice sir  Thomas Walmsley Knt George Kingsmil Esq justice sir Edward coke Knt  attorneygeneral sir Thomas Fleming Knt solicitor general
case goddard against Gilman where a become facias without a testatum be not  good the plaintiff bring a action of debt in London and have judgement and sue  out a become facias direct to the sheriff without a testatum become facias  into London by virtue whereof the defendant good be take in execution in  Middlesex and because this be do by a original become facias without a  testatum the execution be set aside as irregular the plaintiff now move that  he have a judgement with a release of error the good may remain in the sheriff  hand and not be deliver to the defendant who be a poor man for by that mean  the plaintiff will lose his debt the court when the execution be set aside as  it be in this case the good take must be return because there can be no colour  for the sheriff to detain they the like rule be make in Michaelmas term follow  in the case of white v Cornwall where a action be lie in one county and the  plaintiff have judgement and take out a become facias direct to the sheriff of  another county without a testatum c afterward the plaintiff attorney perceive  this mistake sue out a testatum become facias into that county but before it  come to the sheriff he have execute the first writ and afterward he execute  the other writ but the execution be set aside because the first writ be  execute the sheriff can not regular execute the other note to the former  edition see also brand v mare term Rep Milstead v   ppard term Rep and  Copperthwait v Owen term Rep a
case goddard against hampton if the name of a juror be right upon the  distringa and wrong upon the venire a new venire shall issue without abate the  writ   b dougl action upon the case after verdict it be move in arrest of  judgement that one John wale be return upon the venire facias and upon the  distringa one John wats be return and swear upon the examination it appear  that the juror be name John wats and not John wale wherefore the court hold  that the trial be ill and the record not amendable but it be then move whether  there may be a venire facias de to make new or that the writ shall abate?And  it be resolve that venire facias de to make new shall be award for the fault  be only in the trial
case godefrey against newton rend due on a expire lease be of equal degree  with debt on bind S c comb error of a judgement in the court of common plea in  a action of debt against a executor after the lease be determine for rend due  in the testator time on a parole lease the defendant plead a obligation enter  into to a by the testator ultra quid he have not asset and so demand judgement  and on demurrer judgement be give for the plaintiff in the common plea and  affirm here for per curium debt for rend upon a lease for year after lease end  savour of the realty and be in equal degree with debt upon a bind and  therefore a bind be not to be prefer to it and so be office of exec modern  report er p
case godfrey against godfrey Hilary term car roll on a submission to  arbitration respect seventytwo pound due for rend all award that the party  shall pay fifty pound in full satisfaction of the seventytwo pound be good  debt upon a bind for performance of a award in which the arbitrator have take  notice of seventytwo pound in controversy and have award fifty pound in  satisfaction the defendant plead no one jecerunt arbitration the plaintiff  reply a award and set it forth and assign a breach the defendant demurrer  because it appear by the award that seventytwo pound be in controversy for  rend due and that fifty pound be award in full satisfaction of seventytwo  pound and general release to be give but it do not appear that any other  matter be in controversy between the party though the submission be general  and arbitrator may reduce uncertain thing to a certainty but they can make a  debt certain to be less except there be other difference for which likewise  this release be to be give Henry pl but the whole court be of opinion that the  award be good for that the arbitrator may consider other matter between the  modern party neither do it appear by the award that the seventytwo pound be  due but in demand only and it be unreasonable for he to find fault with his  own ease for be allege that he ought to pay seventytwo pound and complain  because the other party be content with fifty pound and demand no more  judgement for the plaintiff
case Godfrey against more word speak malicious shall he take strong against  the speaker of they Bl Rep action for these word thou have kill a man at  maiden id Essex upon not guilty it be find for the plaintiff and move in  arrest of judgement that the word be not actionable for they be too general  for it may be he kill one in his defence or he kill a thief that assault he in  the highway or be a officer and in arrest kill he c and of this opinion at the  first be gawdy but it be move again all the court hold that the word be allege  to he speak malicious shall he take most strong against he that speak they and  it be adjudge for the plaintiff
case godfrey against uvoodward and uvoodward executor plead I wood con debt  upon a obligation of l one of the defendant be outlaw the other plead that he  who be outlaw be make executor and sole prove the will and administer and that  the defendant as servant to he take diverse of the testator good by his  delivery and by his appointment have sell they without hoe that croak  Elizabeth er p he administer as executor or in any other manner it be  thereupon demuirred and adjudge to he a ill croak Elizabeth plea because he do  not say that he refuse before the ordinary nor confess any administration for  that which he confess be not any administration and so no answer to the  plaintiff wherefore it be adjudge for the plaintiff
case godfrey and other against EVERSDEN the pay towards the repair of a chapel  of ease will not prevent the churchwarden from proceed in the spiritual court  for nonpayment of a rate for repair the motherchurch S c comb hob roll Abr Mod  Mod ld ray Com dig church g there be a parishchurch and a chapel of ease in  the parish of hitchen the defendant be tax towards the repair of the church  and a libel be bring against he for the refuse of the payment or that tax he  now suggest that there be a chapel of ease in the same parish to which the  inhabitant do go and that they have always repair that chapel and so pray a  prohibition Tremaine sergeant move for a consultation because the parishioner  of common right ought to repair the church and though there be a chapel of  ease in the same parish yet that ought not to excuse they from repair of the  motherchurch he produce a affidavit that there have be no divine service there  for forty year pass nor burial or baptism whereupon a prohibition be deny
case godfrey versus Chadwell Lord chancellor Dec Eq can ab pl S c after a  decree by first mortgagee to foreclose the mortgagor a second mortgagee may  redeem the first though the first mortgagee have no notice of the second  mortgage before the decree bill by a second mortgagee to redeem the first  mortgagee plead his mortgage and decree to foreclose the mortgagor without  notice of the second mortgage plea overrule there appear to have be a plea and  demurrer put in which be both overrule Reg lib a fol so Morret all v western  post vide Lomax v hide ante p Vernon chancery case de term S HILLARII in  curian porter
case godfrey versus turner June r in court Lord keeper Eq can ab pl S c ante  case pound in what case a plaintiff must make oath of the loss of a deed where  a bill be bring touch such deed demurrer because the plaintiff have not make  oath of the loss of his deed per cur where you come only for discovery of the  deed you need not make oath of the loss of it as you must do when you come for  relief for you shall not translate the jurisdiction without oath make of the  loss of the deed et vide Nicholson v Pattison post
case goffe versus Whalley eoden die money raise by the heir by sale of real  asset before original file if asset in equity bill bring against a heir to  discover what asset he have by descent and to subject money raise by sale upon  alienation before any original file and to discover the trust of land descend  before the statute of fraud and perjury which make the trust of a estate  descend asset the defendant plead alienation before original bill file send  vide stat fraudulent devise wm III c see and that the trust of a estate  descend be not asset in his hand vide creed v colvile ante but the Lord keeper  order he shall answer save the benefit of his plea to the hear it appear that  the defendant have be take on a proclamation for want of a answer put in a  demurrer to the bill which be set down to be hear it be pray by the plaintiff  counsel may be set aside but defendant counsel insist the plaintiff have  accept the cost and thereby waive the contempt and ought not to take advantage  of the come in of the plea and do then offer to admit asset to satisfy  plaintiff demand and to give his consent to the court in a week then next but  defendant counsel afterward refuse to stand to such offer and admit asset it  be order that the demurrer be set down to be hear again which come on to be  hear accord be overrule Reg lib a fol
case gold versus granger in court Lord chancellor you may appeal to the Lord  chancellor or to the house of lord for cost only the Lord chancellor allow a  appeal from the master of the roll for cost only and his lordship say he have  know the house of lord allow a appeal for cost only though the old practice be  otherwise Wednesday November the that
case goldingham against some in what manner judgement in dower shall be enter    cro car dower the tenant vouch the heir in the same county who enter into  the warranty and plead riens per descent and so they be at issue and at the  nisi prius make default whereupon at the day in banc judgement be give against  the tenant henden sergeant move that the judgement ought to have be  conditional videlicet against the heir for what he have in the same county and  if he have not any estate against the tenant and so be several book and  precedent videlicet mich Elizabeth roll ashburnham case where the tenant vouch  the heir in the same county vide Henry pl Edward dowry the court hold that  both way be good
case goldsmith against lady platt executrix of sir Hugh Platt if a executor  bring a writ of error on a judgement against he as executor he shall not find  bail within James c ante cro car Litt Rep side Yelv Mod stram b r h ld ray Bac  ab the defendant plead plene to manage and it be find against her and  judgement accord and now she bring writ of error it be move that she shall not  have a supersedeas to stay the execution without special surety to pay the  condemnation if the judgement shall be affirm for the James c be general that  in all action of debt upon a bill or obligation recover c execution shall not  be stay c the court resolve that this case be out of the statute for although  it be general yet it be to be intend to mean such case where it be against the  party he self upon his obligation or where the judgement be general against  the executor but where the judgement be special the execution shall be of the  good of the testator and damage only de good not common with others and it be  not reasonable nor the intent of the law it shall be otherwise that the party  shall be enforce to find surety to pay the entire condemnation with his own  good and accord to this difference coke chief justice say it have be rule in  the common plea when he be there Mann the secondary say that the precedent of  this court ever since the statute be make be that a supersedeas have be allow  upon a writ of error bring by the executor or administrator see car c and and  car c
case goman versus Salisbury maii in court Lord keeper Eq can ab pl S c  agreement in write may be discharge by parole the single point of this case be  whether a agreement in write make since the statute of fraud and perjury may  be discharge by parole and Lord keeper hold it may and therefore dismiss the  bill which be bring to have the agreement execute in specie vide for the old  doctrine on parole evidence at law countess of Rutland case   a but parole  admit in equity legal v miller ves Shelburne v earl of inchiquin bro Ch Rep so  parole agreement may be discharge by parole such dict Gibbons v Caunt Ves so a  will in write may before the statute of fraud be revoke by parole Wentw off  exec
case Gomersal against bishop Hilar term Elizabeth roll a variance hetween the  suggestion and the declaration in prohibition be fatal to the whole proceed  Cowper term Rep a discharge from tithe may he by parole post cro James burr  prohibition the plaintiff surmise that he sue he for tithe of hay whereas  there be a agreement hetween they that for the sum of seven shilling per annum  he promise he that he shall have the tithe of this land for his life and in  his declaration he say that for this sum the defendant let he his tithe for  life and for this variance the court hold all to he ill for the surmise be as  the writ and if there he variance hetween the surm I shall and declaration all  be ill Godfrey say it have be rule in Pendleton v hunt a that a agreement  hetween the parson and the parishioner be a good cause to grant a prohibition  for the spiritual court can try it and they will not allow the plea
case GOMERSALE against wait good take under a distringa on a plaint in a court  baron can be sell Yelv Lut salk action of trover the defendant plead that he  take they as bailiff of the king for distress upon a plaint in curian manor  and sell they it be thereupon demurrer and adjudge ill for upon a distringa  the cattle shall not be sell especial in a court baron although it be in the  king court
case Goodale against castle to charge a man with be a Forge of write be  actionable ante post I roll Abr strange action for these word thou art a  common filcher c ompanion of outthroats and a Forge of write after verdict for  the plaintiff it be move in arrest of judgement that these word be not  actionable and all the justice hold that for all the word except and a Forge  of write no action lie but for those word Popham and gawdy hold that the  action well lie for the word shall he intend of such write whereof there may  he a forgery but Fenner contra for it may be of write the forge whereof be not  punishable as a church book and forgery shall not he intend unless it he  precise allege Clench absentee adjournatur see Elizabeth
case Goodier against platt Hilary term car roll a ejectment for meadow and  pasture without mention the quantity of each kind be bad vide post cro James  roll lie cow p dougl term Rep if a judgement be erroneous in one part it shall  be reverse for the whole lev roll Rep roll ab salk Com dig error of a  judgement in the common plea in formedon the judgement be upon verdict quod  recupere seisinam de to make one messuagio et two promontory terrae et pastur  not mention several the quantity of the land nor the quantity of the pasture  which be ill for the incertainty it be move that the judgement may be affirm  for the message which be certain as to that but it be hold that though the  common plea may have give judgement for the message only yet when they have  give a entire judgement for the message and land this be ill in part ought to  be reverse for the whole and can be affirm for part and reverse for the  residue
case goodman against fountain Hilary term Elizabeth roll a award that de et  above prcemissis all controversy shall cease be good though it do not restrain  they to the time of the submission ante roll ab     cro James Mod Mod ld ray  salk term Rep assumpsit whereas on July Elizabeth in consideration of d give  by the one to the other they assume c to stand to the award of I S for all  matter and controversy depend hetween they so as the award he make before the  last day of Septemher follow and allege in fact that I S that Septemher  Elizabeth make a award de et sum pra prcemissis videlicet that all action and  controversy betwixt they shall cease and the one shall pay to the other S c  upon non assumpsit plead and find for the plaintiff I be move in arrest of  judgement that this arbitration be void because the award be make of more than  be submit for nothing be submit but the action and controversy depend at the  day of the submission and they have make a award for controversy depend at the  day of the award which be long time after but without argument absent Anderson  it be resolve to be good because it be de et above prcomissis which be the  thing whereof the submission be and although the award seem to extend to more  than the submission yet the word de et above prcemissis restrain it to the  thing submit wherefore it be adjudge for the plaintiff levinz
case goodrich case lie gager allow where the money be receive by the plaintiff  wife   light a account of the receipt of l by the hand of the p laintiffs wife  defendant wage his law and at the day he have to wage his law it be doubt  whether it lie because the receipt be suppose to he by another hand but  because a receipt by the hand of the wife of the plaintiff or defendant be all  one receipt by their own hand he be receive to wage his law
case Goodwin against BEAKBANE to know facias S c Carth S c salk S c holt S c  comy it be adjudge in this case that in a to know facias it be sufficient that  there be fifteen day inclusive between the testae of the writ of the first to  know facias and the return of the second a
case Goodwin against brown a action for say you be forswear in your answer be  good without allege that the cause be within the jurisdiction of the court in  which the answer be case for these word you be a forswear blade and you be  forswear in your answer a that the land in such a place be purchase in my  daughter name the question be if actionable because it be not allege that the  cause be within the jurisdiction of the court where the answer be Pemberton  justice the action lie though the oath be in a court which have not  jurisdiction for the scandal be the same Jones justice say a man can be indict  for perjury in a cause out of the jurisdiction of the court where the oath be  dolben justice if it appear upon record that it be out of their jurisdiction  it be all in person non judge and no perjury lie sharp be case cro car prove  it yet at last the declaration be hold good and judgement give for the  plaintiff
case Goodwin against Cornelius MOUNTENAIGH a alien the return of a v venire de  medielate lingum ought to show which of the juror be alien and which denizen  ante post   hawk ejection firmce the defendant plead to issue and a v  enirefacias be award de center point linguce upon the defendant suggestion  that he be a alien and at the nisi prius a tale de A standing round be award  and find for the plaintiff and now move in arrest of judgement for that the  tale be not award de center point Iinguce for into ught to pursue the v evire  facias Kemp secondary show also that the venire facias be not well return  because alien and denizen be return together whereas there ought to have be  twelve denizen by themselves and twelve alien by themselves return and there  ought to have be one denizen and one alien and so another denizen and another  alien in their turn swear upon the jury which can not he do here because it  appear not by pannel who be a denizen and who a alien and so non constat which  of they be swear and of that opinion be gawdy and Clench coeteris send away  whereupon judgement be stay a
case Goodwin against Cornelius MOUNTENAUGH ante the qualification of juror  require by Elizabeth c do not extend to jury de center point linguce ante    sum hawk return to the venire must distinguish alien from denizen ante the  case be now move again as to the matter that the tale be award de A standing  round general it be hold to he well enough for there be do exception a it be  say more to have be adjudge that the action do not lie because the executor or  assign will have take the term of year by purchase and the intestate can not  grant or dispose of any part of it see also yely say vide hale ms   light b  note croak Elizabeth er p afterward by the defendant it shall be intend to be  well award and it be say to be so resolve in the case of doctor Caesar v  Cursiny and especial as this case be for eleven of the principal appear and ut  one of the tale be swear and it be not possible to have it demedietate tongue  a second exception be take that the venire facias be quorum who hail say non  allocatur for so be the form and although one of the party be a alien and can  have land yet the course be all one and shall not be change for such a special  cause three it be move that the return be not good because it appear not who  be alien and who denizen and all the justice except Fenner hold it to be  insufficient for this cause but that it be a misreturn only which be aid by  the Elizabeth c wherefore upon affidavit make that six denizen and six alien  be swear the plaintiff have judgement
case Goodwin against grudge if judgement in debt be affirm on a writ of error  the plaintiff shall have execution without to know facias post   Inst Mod salk  strange roll Rep contra say vide burr Bac Abr Bac Abr ld raym error upon a  judgement in debt where the judgement be affirm it be hold by all the justice  and so the clerk say be their usage that the defendant in the writ of error  shall have execution present without a to know facias although the year and  day he pass since the first judgement vide Henry
case Goodwin against Harlow judgement reverse for want of a appearance enter l  roll vern error to reverse a judgement in Colchester there be no appearance by  the party but judgement upon three default record reverse Twisden justice if  there be a judgement against three you can take out execution against one or  two a ld raym comb salk Mod Carth Danv ab p show dougl but for case in which  the execution must be joint and where it may be several vide Crompt pract a
case Goodwin against hilton bail may render the principal before return of to  know facias To give back see can be enter on the bailpiece SC post a  fraudulent surrender will not discharge the bail when the To give back shall  be enter bail may render pen error the attorneygeneral allege and it be not  deny by the court that before the two to know faciass return the bail may  discharge themselves by render of their principal per holt chief justice the  To give back see can be enter upon the bailpiece for the to know facias be  ground upon that and the To give back see will destroy it but the remedy of a  bail be upon a hearing complaint to be ground on the To give back see and per  curian if the render appear to be fraudulent though it have the outward modern  er p show of a real one that will not discharge the bail as if there be a  previous agreement to let he escape while he shall remain in custody of the  tipstaff and it be offer at the bar to have be rule in the case of lee v knipe  that the principal ought to be two day in custody before a entry shall be make  of a To give back see and here it be weed per curian and the attorneygeneral  that the bail may render their principal pen a writ of error though during  that time the plaintiff can charge he in execution but see the case of  Wickstead v Bradshaw hob b which be quote contra
case Goodwin against hilton bail render the principal pen a writ of error the  bail render their principal the twenty of December before and in the February  follow the defendant meeting the plaintiff at large tell he that he have  modern render himself in discharge of his bail the plaintiff attorney have no  notice of the render take out a capias against the principal and a to know  facias against the bail who plead nul tiel person as the principal in a thing  naturan and upon examination of the regularity of the render this matter  appear it be agree by the court first that bail may well render during a writ  of error see Tidds pract a second that by course of the court there ought to  be a entry make by the defendant attorney with all convenient speed in a book  to be keep for that purpose in the office of the king bench to the intent the  plaintiff may know how to proceed that be to charge the party in execution or  to take a become facias or other writ three that by the late rule of court  beside this entry there must be two day notice to the plaintiff attorney  before a To bring together can be enter or a discharge upon the bailpiece  fourthly it be also agree that the course of render be upon the To give back  see sign by the judge to get a certificate from the clerk of the paper to the  master of the office which be his warrant to enter a discharge upon the  bailpiece but such certificate do not make the To give back see better or  worse and here be a entry make in the book keep in the office not only long  before the second to know facias be return but likewise long after the To give  back see and it will have be well as to that but that it appear the defendant  have escape long before
case Goodwin against LONGHURST a lease by a copyholder for three year under a  licence to let for twentyone year be good and the lessee may bring ejectment  on it at the commonlaw ante post Com dig pale yellow ten dougl upon a special  verdict the case be that a copyholder have licence from his lord to let his  land for twentyone year he let we it to the plaintiff for three year who enter  and be eject bring a ejection firmte and it be move first if a lease he make  by a copyholder for year and the lessee be oust whether he may maintain a  ejection firmce thereof at the commonlaw and all the baron hold clear that he  may for it be a good lease hetween the party and against all other but the  lord and as this case be it be good against he also by reason it be do by his  licence second it be move whether this lease be but for three year he warrant  by his licence to make a lease for twentyone year but the baron speak not much  thereto say adjournatur but afterward upon another motion they all resolve  that it be a good lease and this action well maintainable thereupon at the  commonlaw and it be adjudge accord for the plaintiff
case Goodwin against sir richard more a infant may sue either by guardian or  prochein ami but shall defend by guardian only ante   light b f n b style Inst    b W Jones palm prac Reg in Ch a infant shall not find pledge Inst   b    light Leon Jones car c Ann c Bac Abr hawk p c a venue aid by the statute James  c ante   cro James the plaintiff by Thomas Goodwin his prochein ami against  sir Richard more one of the master of the chancery by bill in chancery in  trespass of battery and false imprisonment the defendant quoad the battery  plead not guilty quoad the imprisonment he justify because his father hold of  he such land by knight service and die seize in his homage for which he seize  the plaintiff as his ware and issue thereupon after mittimus out of the  chancery these issue be deliver here to be try and now this term a trial be at  this bar and the second issue find for the plaintiff and it be move in arrest  of judgement first because the plaintiff sue by prochein ami where he ought to  sue by his guardian and for proof thereof the case betwixt Jones and simpson  be cite say croak car er p non allocatur because the plaintiff may sue by  guardian or prochein ami but the defendant shall sue only by guardian croak  car second because there be not pledge find say non allocatur because a infant  shall not find pledge three because the battery and imprisonment be allege to  be at one place and the land hold by knight service at another place and the  venire facias be only from one of the say place say non allocatur for it be  now aid by the statute whereupon it be adjudge for the plaintiff
case Goodwin against Welsh and over in trespass upon nothing to say or non sum  shape only the value and not the property of the good demand need be prove on  the writ of enquiry but on the general issue both must be prove SC Yelv Brownl  dal vent stram will ld ray dougl note action of trespass for several thing  against the two defendant and declare to his damage c the attorney for the  defendant plead non sum shape and judgement thereupon be give several for the  plaintiff and writ to inquire of damage be issue out and return it be now move  that the writ shall not be file because the plaintiff at the time of the  inquiry do not prove that they be his good but prove only the value of they  and a difference be take at the bar betwixt a action confess and a non sum  shape for the property of the good be also confess in the first case to be in  the plaintiff but it be not so in the other for there judgement passes without  the defendant privity and only for want of plead as in the case of a nothing  to say but the court hold that both case be alike and that the plaintiff be  not bind to prove his property in either of they because the writ command that  the value only be inquire of and if the plaintiff shall be bind to prove his  property and fail thereof it will be destruction to the first judgement which  can be but it be otherwise where not guilty be plead for then the trespass be  deny which must be prove and try by the jury and there in that case both the  value and property do come in question croak James er p
case Goodwin vers BEARBANK in b r fifteen day between the testae and return of  two to know faciass inclusive be sufficient salk SC Carth SC Mod SC holt SC  cro Elizabeth black Rep Str Skinn Lutw Mod Bac Abr Com dig Richard bring king  b Crompt bring judgement against a testator and a to know facias be bring  thereupon against the executor bear testae the that of October and return die  Lunae neighbor post man michaelis which be in truth the saint of October then  the second to know facias bear testae the saint of October and be returnable  die Lunae neighbor post tomorrow air which be the that of November and now it  be move by sir Barth shower that the to know facias be erroneous for there be  not fifteen day between the testae and return of the to know facias but only  fourteen say non allocatur for it be answer by Broderick and agree to by the  court that it be right for between the testae and the return of the first to  know facias there be seven day exclusive comens er p and between the testae  and return of the second to know facias there be seven day exclusive so  between the testae of the first and the return of the last to know facias  there be fourteen day exclusive and fifteen day inclusive which be sufficient  and so it be resolve between levingston and Stoner b r mich car which be  report Jon and in levingston case the court will not take notice by the  almanac of the day of the month in order to avoid the to know facias comens de  term sanct mich will III in b r
case Goodwin versus archer Eq can ab pl if a ambassador servant bring a bill  he must give security to answer cost as be a person privilege the plaintiff  who bring this bill be a servant to the Genoese ambassador and consequent his  person privilege by the Ann cap late act it be move that the plaintiff shall  not go on in his bill until he give security by a bind in pound penalty for  the payment of cost of suit if award against he in the same manner as where a  plaintiff be beyond sea Meliorucchy v Meliorucchy ves gage v lady Stafford ves  and a precedent be cite where the like order be make in the case of a  ambassador servant plaintiff in this court date that of July that of the late  queen but see as to the ambassador himself d de Montellano v Christin m S  whereupon the defendant obtain a order that the plaintiff proceed shall stay  until he with a surety give such bind in pound penalty for answer cost if  award so anon mos so Adderley v smith dick contra where the bill in equity be  to stay a action at law wherein the plaintiff in equity be defendant Fenwick v  fortescue bunb peer William er p peer William de term paschae
case GOODWRIGHT on the demise of griffin against FAWSON the uncertainty of a  declaration in ejectment for land lie in the parish of a and b or one of they  be not cure by the verdict SC barn ejectment bring for one message situate lie  and be in Coventry in the parish of saint John the baptist and saint Michael  or one of they the the plaintiff have a verdict the defendant move in arrest  of judgement for that the ejectment be quite uncertain for the word or one of  they do not relate to either of the parish in particular and the defendant can  neither know what to plead nor the sheriff how to give possession the  plaintiff insist that since the statute for amendment of the law as the modern  er p venue be to come from the body of the county it will have be sufficient  to have lie it in Coventry general modern the case cite be cro James roll Abr  title trial S   Carth all the court hold that it be lie too uncertain and that  the word or one of they can not be reject the judgement be arrest
case Goodyear against bishop to say of a merchant that be be l worse than  nothing be tantamount to call he a bankrupt action for word whereas the  plaintiff be and for diverse year have be a merchant and use the trade of a  merchant that the defendant have share a see the statute Geo c and Geo c by  which this appeal be now abolish post a keb raym Mod hard side burr Bl Rep  hawk p c ch S see will mary c S croak car er p cion with one Harris of the  plaintiff to scandalize he and deprive he of his mean of live say of the  plaintiff these scandalous word he innuendo the plaintiff be not worth a groat  he be a hundred pound worse than nought after verdict for the plaintiff in  London and one hundred mark damage give it be move in arrest of judgement that  these word be not actionable for he do not show that he speak of he as in  relation to his profession nor call he bankrupt but all the court hold that  these word of a merchant who life upon his credit which be the principal mean  of his gain be very scandalous and tantamount as if he have call he bankrupt  wherefore it be adjudge for the plaintiff
case GOODYERE against lake that Oct the court have power to give interest upon  further direction though the question of interest be not reserve by the decree  lib Reg a foe S c hark ms west can tempt ld Ch hard question whether the court  have power to give interest it not be reserve by the decree but there be a  reservation of further direction and cost Lord chancellor be clear of opinion  that the court have such a power by reason of the further direction reserve  and it be so do in the case of hudsonsbay company v sir Stephen Evans under  the like reservation in the decree court order sir Bibi lake to pay interest  for the hudson bay stock tew v earl of Winterton Ves jun S c bro c c Sams v  Rickman Ves jun crewze v hunter ib S c bro c c but see champ v moody Ves  Bruerev Pemberton Ves
case gore against deering manslaughter plead appeal of murder the defendant  plead a conviction of manslaughter and that he be able and ready to read  demurrer a a see the case of hale v woodcock burr Sheepshanks v Lucas burr  cruise on recovery and Lord Pembroke case case tempt holt a see ante a see  this case at large Mod and the case of Siddens v Jonson ante shower KB er p
case gore against Morton Trinity term Elizabeth roll cha ing a man with be  forswear in a inferior court be not actionable ante yely more hawk p c c S  action for these word thou art a forswear knave and that I will prove for thou  waste for swear in the hundred court innuendo StivertonHundredCourt after  verdict for the plaintiff it be move that the action lie not for it do not  appear that it be a court of record nor any court whereof the justice shall  here take any conusance and of that opinion be the whole court
case gore against Parkhurst if the bailpiece be in a different name from that  in the other proceed or he take off the file judgement shall he reverse post  hob more cro James strange ejection firm bail be put in for the defendant by  the nameof park but the declaration and all the proceed be by the name of  Parkhurst and this matter after verdict be allege in arrest of judgement and  Trin itwas adjudge that for this cause plaintiff nothing cap per billam for it  do not appear that the defendant against who the judgement be give be in  custodid mareschalli and otherwise the proceed against he be in person  nonjudice Henry pl and it can he intend the same person neither can it he  amend and the court say if there he a bail and the bail piece be pull off the  file the party without remedy
case gore and wife against perdue easter term Elizabeth roll in dower the  infancy of one defendant be no ground to reverse the judgement post cro James  more Brownl Leon Bac ab post ante Cr error upon a judgement in dower where the  party be at issue and afterward the defendant make default whereupon a petit  cape be award and judgement give by default error assign that the tenant be  within age at the time of the judgement the court hold it no error especial be  after appearance for he can save his default by non summons vide Edward pound  Edward saver de default
case gorge against Stanfield it be waste for a lessee to cut down timhertrees  for the purpose of repair when there shall he occasion   light b Ro ab hob  Peer wms waste in cut down three hundred oak the defendant as to two hundred  plead that the house let to he be ruinous c and he cut they down to repair  those house and as to the residue he cut they down and keep they to employ  about reparation tem poor oh p portuno c upon this plea the plaintiff demurrer  in law and by all the court sans argument it be hold to he no plea for if it  shall every farmer may cut down all the tree grow upon the land when there be  not any necessity of reparation wherefore it be adjudge for the plaintiff
case GOSLENS case indictment quash for have Latin can a post Goslen be indict  for the murder of Marsum and the indictment be that percussi in branchia svan  dextran coke move that this be false Latin and without sense or certainty  where the stroke be and show not where the party die of the stroke for it be  and so of it eastern instant die to go and the opinion of the court be that it  be vicious
case gosling against Warburton and crisp Michaelmas term pound Elizabeth roll  the acceptance of dower be a waiver of a right to a annuity devise in  recompense of dower out of the same land which be liable to dower vide Sturges  case dyer Vernon Eq can ab dower b Mod   b hark   light note bro Ch Cas  ejection firmce the case be Frencham devise his land to m his wife till p his  daughter come to the age of Dineteen year and afterward to p in tail remainder  over in fee and devise further that p shall pay after her age of nineteen year  to his wife twelve pound per annum in recompense of her dower and if she fail  of payment that m shall have the land for her life mary before p come to the  age of nineteen year bring a writ of dower and recover a three part and after  p come to her age of nineteen year for nonpayment of the twelve pound m enter  and the question be if her entry be lawful Shuttleworth argue that it be and  that she have not waive the benefit to have the land by the devise by bring  her writ of dower for then she have no title to it but her title accrue by the  nonpayment of her twelve pound Walmsley contra and afterward it be adjudge  that she have recover a three part in dower she shall not have the rend by the  will and it be against the intention of the will she shall have both and the  acceptance of one be a waiver of the other and mich Elizabeth error be bring  and the judgement be affirm the record of which be easter Elizabeth rot
case gosling versus Dorney novembris in court Lord chancellor where land be  devise for payment of debt and legacy the debt and legacy shall be pay acquire  step where land be devise to be sell for payment of debt and legacy the word  of the will as state in the register book be and testatrix particular direct  that the charge of her funeral and probate of her will be first pay then that  her trustee be full indemnified next that the debt and after that her legacy  be pay and the surplusage if any to her two sister c the Lord chancellor be of  opinion that the debt and legacy shall be pay in equal pro portion without any  preference to the debt and so it be resolve in the case of sir John bowl by  the Lord Nottingham that debt and legacy shall be pay acquire step but the  Lord north reverse that decree and give preference to the debt and so the Lord  north likewise in the case of Hixon and Witham Ch Rep Cas decree the debt to  be first pay but the Lord chancellor declare he be not satisfy with that  opinion but will consider of it the decree be that the money to be raise by  sale of the land and profit thereof till sale be apply in discharge of the  debt each creditor and legatee to come in for satisfaction of their debt and  legacy share and share alike pro rata without any regard to the nature of the  security Reg lib a fol so where a make executor and then devise to he and his  heir upon trust to sell anon post vol say vide greaves v Powell post vol where  the trustee be also executor et vide Eq can ab pl Girling v lee ante and case  cite in note there it have however long be settle that debt shall be pay  before legacy out of equitable asset or where the fund be mere a trust vide  Maylin v hoper can tempt Hardwicke p kidney v Coussmaker Ves
case GOSNAL against KINDLEMARSH in plead Elizabeth c it must he aver that the  party be absent day et ultra for the statute say above day post Diggs Bulst  more Bac Abr Cowp to Rep debt upon a obligation date march c the condition be  that the defendant he not absent from his henefice by the space of eighty day  nor permute or resign without the assent of the patron that then c the  defendant plead the Elizabeth c by which all lease of parson make of their  henefices where they be absent by eighty day el ultra and all obligation for  enjoy they shall he void and allege that he be absent by the space of eighty  day but say not et ultra upon which plea it be demurrer it be move by coke  that this be a incurable fault in the plea for he ought to have say he be  absent eighty day et ultra for he croak Elizabeth er p may he absent for  eighty day and come again in the night of the eightieth day and this must he  express allege and not by implication comment and of that opinion be the whole  court but they move the party to agree and in the mean time they will stay  judgement
case GOSTWICKS case forfeiture by alienation ante wood con Cowp dougl term Rep  a lease be make for two year upon condition that they nor either of they shall  alien any part of the land without assent of the lessor the make partition and  one alien his part this be a forfeiture of the whole
case gough against crear the court will stay proceed in debt on a judgement  pen a writ of error if the action be vexatious a action be bring on a bill of  exchange in the court of king bench and judgement give for the plaintiff a  writ of error be bring in the exchequer Chamber and affirm on which a writ of  error be bring in parliament pen which the plaintiff in the original action  bring a action of debt upon the judgement in the court of king bench the  defendant move for a imparlance Pratt chief justice the writ of error in  parliament be a writ of right which we ought not to discountenance and this  action seem vexatious therefore we ought to grant a imparlance Eyre justice  the judgement be affirm in the exchequer which seem to show that the writ of  error in parliament be vexatious and since there be no precedent we ought to  discourage vexatiousness and therefore not grant a imparlance modern report  fortescue justice the action be vexatious though the judgement be affirm that  affirmation be suspend by the writ of error in parliament therefore ought not  to be consider and that will soon be end than this can for this will be carry  on by writ of error powys justice be not in court the rule for a imparlance be  make absolute
case gough against Simpson a pauper shall not pay cost for not go on to trial  until he be dispaupered Kettleby move that a pauper before he have liberty to  proceed to trial shall pay cost for not go on to trial the defendant have  obtain a rule for cost in salk it be say that if a pauper give notice of trial  and do not go on he shall be dispaupered and it be within the reason of the  case of executor pay cost for not go on to trial and within the reason of the  statute of Henry c which say if after appearance the plaintiff be nonsuit he  shall pay cost and in sider it be say that on nonsuit the cost must be tax and  the plaintiff must pay they or suffer corporal punishment darnel contra before  the statute the plaintiff in those action there mention and his pledge be  amerce and no cost pay the statute say that after appearance and on nonsuit  the cost shall be pay in those action and a pauper suffer punishment the case  before we be not in the reason of that statute for this be neither a nonsuit  nor quasi one the case in Salkeld be that the plaintiff shall be dispaupered  but there be no mention make that be shall pay cost this differ from the case  of executor for they be suppose to have money and the pauper not to be presume  modern report able to pay any and this not be a nonsuit it be not in the power  of the court to inflict any punishment Mr Kettleby we have a rule for cost and  only move to have it pay before they go on to trial Pratt chief justice I  remember this cause be put off pure by accident and without any design of  vexation by not go on to trial there be no pretence that the construction of  the statute of Henry c can govern this case the court discharge the rule for  cost
case gourney against fletcher Trinity term car b r roll a declaration in case  quod cum the defendant take and detain good be bad error on a judgement in  Ireland in a action on the case declare quod cum to take in hand et way et  arms to hold off quaedam good c per quod to make away with sale hold that the  quod cum be nought though in case because the dint of the action be the take  and detainer and the per quod be only damage and so there be no direct  affirmation and consequent nought and the judgement be reverse
case gower against capper Michaelmas term pound Elizabeth roll assumpsit will  lie on mutual promise post Ro ab more Leon Mod Rep hob lev assumpsit and  declare whereas the defendant be indebt unto he by bill in the defendant in  consideration the plaintiff assume unto he to deliver he the say bill assume  to procure two sufficient surety to he bind to the plaintiff for the payment  of the say and allege in fact that he deliver the say bill to the defendant  and that he intend to deceive the plaintiff produce two surety to he bind that  be of no value the defendant plead that the plaintiff have not deliver unto he  the say bill and it be thereupon demurrer and without argument adjudge for the  plaintiff for the allege that he have deliver the bill be but surplusage for  the consideration be the promise to deliver it and therefore he need not have  allege that he deliver it but a promise against a promise be a sufficient  ground for a action and although it he allege that he find sure I tie yet when  it be allege that they be insufficient which be allow by the defendant plea  and demurrer it be all oh e as if he never have find surety wherefore it be  adjudge for the plaintiff
case GRABBORN against railer warrant of attorney to confess judgement amend  long after warrant of attorney be for confess judgement as executor and be  enter general several term ago it be now amend accord to the warrant
case GRAFTONSCASE the city of London may fine a freeman for not takingup his  livery and recover it by action of debt S C keb S C march side Mod Mod Mod  comens ld ray term Rep Grafton one of the company of draper be bring into  court by habeas corpus in the return the cause of his imprisonment be allege  to be for that be choose of the livery he refuse to serve the court they may  have fine he and have bring a action of debt for the sum but they can imprison  he KelyDge chief justice the court of alderman may imprison a man who shall  refuse to accept the office of alderman because they be a court of record or  they may want alderman else so he be release
case graham against leech a writ of error test previous to the cause of action  be not amendable Brainthwaite sergeant move to quash a writ of error be test  before any cause be in court videlicet the four of April and the action be  commence easter term which begin on the fifteen of April returnable in Trinity  term per curian it must be grant for there must be a speech queen to be in cur  our men judgment return sit have be construe before the return it be not  amendable by the Act unless the instruction to the cursitor be right a testae  not amendable be matter of skill for which there be no instruction and gauge  case testae of a writ of covenant and testae of a judicial writ be amendable  because the instruction be from the award on the roll
case graham versus stamper eoden die pre Ch Eq can ab pl S Indebitatus  assumpsit for good sell and deliver and verdict for plaintiff defendant bring  a bill suggest that he be master of the Buckhounds and act only in relation to  his office and that the king ought to pay for these good defendant plead the  verdict and demurrer for that the matter be conusable at law plea overrule the  defendant have recover against the plaintiff at law in a indebitatus assumpsit  for good sell and deliver the bill be to be relieve against that recovery  surmise it be for good sell to the plaintiff as he be master of the Buckhounds  and that the ace and line be for the king servant and that it be the king debt  and not the defendant and what he act be in relation to his office and not as  a private person and that the defendant be to expect his money from the king  and not from the plaintiff and that the plaintiff be only to pay it if he  receive the money from the king the defendant plead the verdict and judgement  and that the plaintiff have insist on the same matter at law where it be rule  against he and that a writ of error be near spend he now bring this bill for  delay and demurrer for that the matter be conusable at law and the bill  contain no equity yet the court notwithstanding overrule the plea and order  the defendant to answer the bill the benefit of the plea to be save to the  hear Reg lib a fol note it seem as if the bill be ultimate dismiss as it  appear journal house of lord that January that a appeal by Graham against the  dismission of his bill in chancery be dismiss journ house of lord vol
case GRAMVEL against RHOBOTHAM a declaration in trover must specify the  quantity of the good but if the verdict find that the defendant convert they  to his own use it be not good though tantamount to not guilty ante     yely  cro James bunb will strange ld raym Com dig action sur trover of diverse good  c the defendant plead not guilty after verdict and judgement for the plaintiff  error be thereof bring the first error assign be because he declare inter  alian de to make one quater grain England croak Elizabeth milnecorn where it  ought to have be quarterium for quater be not any word second he allege that  he be possess de unit parcelld a fish England ring and it be not allege what  parcel and for these cause it be hold to he ill and damage be entire give  reversable in all three because the issue be not guilty the jury do not find  that he be guilty but queen d detinel and convert they to his use which  tantamount but because it be not find accord to the issue it be hold to he ill  but it be conceive by some of the justice that it be amendable if it may  appear by the examination of the clerk of assize that the verdict be find  general for the plaintiff but they will advice
case grant against burton prout to stand open per record can be reply after  issue join ante creamer v Wickett to know facias against bail who plead no  capias issue against the principal the plaintiff reply that there do prout to  stand open per record in this court and pray that the record may be inspect  the defendant demurrer because male restricted his replication and it be move  for the plaintiff that the demurrer may be set aside because the defendant  tender a issue and the plaintiff join with he and plead be at a end and  nothing remain but to inspect the record quod curian to go away and the  demurrer be set aside
case grant versus stone a action at law will lie upon a recognizance but if it  be enter into in pursuance of a order of this court the court will not allow  it to be sue otherwise than by a to know fac in this court it be move on  behalf of the plaintiff that he have enter into a recognizance by order of the  court that the defendant endeavour to arrest he upon it at law whereas by the  course of the court he ought to bring a to know fac only for the defendant it  be say that a recognizance be suable as well at law as in this court and the  defendant have choose to bring a action upon the recognizance to the intent he  may hold the plaintiff to bail Lord keeper a recognizance be suable in the  court at law either by a action to be bring on it or more proper by a original  in the common plea but this be a recognizance enter into by order of this  court I will not allow it to be sue otherwise than by a to know fac in this  court Reg lib a fol vide anon die b Cowper v Langworth cro Elizabeth Preston v  Perton ibidem Gomerset v ask Yelv
case GRASCOT against warren S c Eq Abr c ejectment and special verdict the  case be this a man possess of a term devise it to a infant in ventre sa mere  if it shall be a son and if it shall be a son and die during his minority then  he devise it to his grandson after which he die leave his wife executrix and  the child be afterward bear and prove a daughter modern report er p and it be  adjudge without argument that the executrix and not the grandson shall have  the term because the grandson be not to have it but upon a precedent  contingency videlicet the birth of a son and his death in his infancy which  condition must be first perform and it appear plain that the intent of the  testator be that he shall not have it otherwise
case GRATWICK versus Simpson and more march where no demand have be make on a  bind for year the judge will direct a jury to find it satisfy the judge have  lie it down now as a invariable rule that if there be no demand for money due  upon a bind for twenty year that they will direct a jury to find it satisfy  from the presumption arise from the length of time moreland v Bennet I stram  Searle v Barrington stram p W p b c Powell v Codsale Rep tempt finch leman v  Newnham Ves king v Stephens burr burr Oswald v Legh durn and east
case grave against Blanchett a action will not lie at commonlaw for call a  unmarried woman a whore and therefore if to such a charge in a declaration  other word which be actionable be join and entire damage give the judgement  shall be arrest although the second count allege special damage S c salk a  action on the case for word the plaintiff declare for word speak at several  time the first be she be a whore and have have a bastard by her father  apprentice allege a colloquium the other thou art a whore and have a bastard  by your father apprentice quorum indeed another a word propalatione c such a  one who court her for a wife and be ready to marry her fall off there be a  verdict for the plaintiff and entire damage it be move in arrest of judgement  that the first word be not actionable the special damage be tie up to the  Iatter word by the word another and per curian if it be res novan it be  reasonable to make the first word actionable for no great misfortune can  befall a young woman who welldoing depend upon her have a good husband than to  be repute a whore but the authority be too many and great to run counter to  they and the reason of they be that fornication be a spiritual offence not  punishable at commonlaw and a action shall not lie for charge one with a  offence of which the law take no notice without special damage see salt v  brown cro car a and if whether davis case have be pursue as it have be contra  modern er p it will do there be a time when heretic be put to death yet it  never be actionable to call a man a heretic see Com dig action of defamation f  c and the judgement arrest videlicet quod quer nothing cap c
case grave case word actionable action for word Mr Wingfield you never think  well of I since grave do steal my lanib adjudge actionable although it be  allege in arrest of judgement that it be not a direct affirmance that grave do  steal it
case GRAVENER against rake Trinity term Elizabeth roll whether a copyhold may  he entail by the statute de gift by custom only ante post pale yellow ten    light b   see Bac Abr Com dig the question be if a estatetail may he of a  copyhold?Gawdy and Clench it can be by the statute but may he by use and  custom Popham and Fenner contra that there may he a estatetail by the statute  of copyhold by cequitatem account but it can be by custom
case GRAVENOR against Fenwick a affidavit to put off a trial for absence of  witness must show due diligence have be use SC ante SC post SC holt SC salk S  c salk affidavit be make to put off a trial at bar set down for the first  Tuesday in term upon account of the witness be not likely to be there deny for  that it be not swear that endeavour have be use in such convenient time to  have they that without a unforeseen accident they will be at the trial at the  set time
case GRAVENOR against salt objection in ejectment after verdict overrule error  to reverse a judgement in ejectment after a verdict Simons except to the  declaration for that the writ recite therein have mistake the plaintiff for  the defendant and so charge a demise of the land to the modern report er p  defendant instead of charge it to the plaintiff and the declaration pursue the  writ by refer thereunto as to send down property predicta or else it be void  for uncertainty second the venire facias as contain in the postea be ill for  the word be only ad reality infra content dainties triati et juarti to  dedicate super sacrament suum quod c it omit dicend but the court overrule  these objection and affirm the judgement
case greaves versus Powell Nov a devise to trustee for payment of debt and  legacy and the trustee be make executor the estate fall short the debt must be  pay first because the trustee be make executor the money be legal asset a  devise be to trustee for payment of debt and legacy and trustee be make  executor the estate fall short the question be whether the debt be to be pay  in the first place or only in average with the legatee per cur No doubt in  this case trustee be also make executor the money when the estate be sell  become legal asset and debt therefore must be prefer Lord commissioner  Hutchins cite sir John bowl case first hear before Lord keeper Bridgman where  upon a trust for payment of debt and legacy it be decree they shall be pay  acquire step and bear the loss in average but that cause be afterward hear by  the Lord Nottingham who order the debt shall be first pay and say he will not  make a man sin in his grave vide gosling v Dorney ante Vol where say that in  the case of sir John bowl Lord Nottingham be of opinion that debt and legacy  shall be pay acquire step and that Lord keeper north reverse that decree vide  walker v meager p wms and it be now the rule that in such case the debt shall  be pay in the first place anon post Bradgate v Ridlington mose Eq can ab pl  Deg v Deg p wms and case in n and mention the complaint of the prophet where  the creditor have take away the child for satisfaction of the father debt and  that his opinion be that in the case of a Vernon chancery case trust for  payment of debt and legacy the debt ought to be prefer and satisfy in the  first place before the legatee shall have any benefit of the trust vide  Girling v lee ante vol and case in note p post p S c Vernon chancery case er p
case green against ardene the validity of a summons shall he try by the court  by witness   b Plowd livery of seize and a award make in the night be good    light a post bract p Britton sander deceit for non summons in a formedon in  remainder the summoner and veyors be examine by the court as it be hold they  ought to he and not by the clerk whether they speak the word or the bailiff  and at what time and it appear they do it after sunset and by all the court  the summons be not well make but they say that a arbitrement make in the night  be good croak Elizabeth notam it be so adjudge hetween franklin and Davies to  go into mich Elizabeth rot in this court where in debt upon a obligation  condition to stand to the award of sergeant Lovelace and manwood so as the say  award he make before the nine day of Octoher c and it be make the eight day of  Octoher at ten of the clock in the night and rule good for die physical  scientist comprehend the day and night and pasch Elizabeth in this court  hetween Samms and other where the condition of the obligation be to stand to  the award of Mr Lewknor so as the say award he make before the first day of  July c ready to he deliver to the party require the same and he make the award  upon the that of July at ten of the clock in the night and the make of the  award in the night be rule good but the doubt be because the condition be  ready to he deliver to the party require the same and it be not a seasonable  time to require it in the night and Fleetwood say in the principal case that  it have be adjudge that a letter of attorney be to deliver seize and he do it  in the night that it be good
case green against austen the aftermowth may be discharge by make the tythehay  of the first vesture ante Yelv cod I e more cro car cro Elizabeth hob Mod bunb  ld ray peer wms Eq Cas Abr prohibition to stay a suit for tithe it be surmise  to be a custom within the parish that the parishioner shall cut his grass and  make it into cook and set out the ten cock for the parson which be a discharge  of the first and second vesture and the suit be for tithe of the aftermowth by  the vicar this prescription be allege against he he demurrer thereupon and it  be adjudge a good prescription and bar against he croak James er p
case green against Charnock and STARNEL Trinity term Elizabeth roll in  personal action a v olle attendance against one defendant will he a discharge  tand all of they   light a cro Jad Leon dalis salk ld ray   b say vide I will  dougl in notorious facts process discontinue against one defendant be a  discontinuance to all roll ab   dig trespass enclosed space to break in pieces  they imparl and at the day Starnel do not appear Thereupon a nothing to say be  enter against he Charnock plead in bar and thereupon the plaintiff reply and  demurrer join upon the replication and day give over to the next term and then  adjudge f r the plaintiff and at the same term a nolle attendance be enter  against to rnel and a writ of inquiry of damage award against Charnock and  upon return thereof adjudge against he and thereupon they bring error the  error assign be because this nolle attendance be against one where judgement  be enter against both be that retraxit against the one be as strong as a  release to the one the which be to one of the defendant be a good discharge  for both and then this judgement against Charnock be erroneous And of that  opinion be all the justice and baron wherefore it be reverse but note I hear  of another reason of the reversal of this judgement videlicet because there be  not any judgement enter against Starnel for his nonpleading nor day give and  so a discontinuance of the suit and the v olle attendance against he come too  late and the discontinuance against one be a discontinuance against both and  of the entire suit therefore c croak Elizabeth trinity term Elizabeth in the  queen bench sir John Popham Knt chief justice sir Francis gawdy Knt sir John  Clench Knt sir Edward Fenner Knt justice sir Edward coke Knt attorneygeneral  sir Thomas Fleming Knt solicitor general
case green against Edward Hilary term Elizabeth roll quore if a defendant  shall answer to a second information while another for the cause be pen ante  cro James Doual information for convert timber tree into coal to make iron and  demand l the defendant plead that the same plaintiff have another information  against he for the same cause and demand the same sum and demand judgement  whether he shall answer to the last pen the first Altham argue he be not to  answer for when a declaration be make and the certainty appear there shall be  no other suit for the same cause for the double vexation to the defendant  Edward brief Henry pl ass pl ass pl Henry pl Edward Henry pl and there be no  difference hetween the case of the queen as it be object and of a common per  out f the queen shall n okhave two suit for the same cause Edward brief pound  Edward brief Q hinder and if it shall he Stiffered the party shall he twice  charge and have no remedy for a hearing complaint lie not against the queen  Edward pl Edward brief coke attorney general contra for it be but in the  nature of a trespass Henry and it be no plea in trespass that another be  depend and the queen have a prerogative above a common person he offer to  withdraw the first suit but the defendant will not assent to plead to the  second the baron will advice ut they say it be not peremptory but a respond  ouster
case green against Edward Trinity term Elizabeth roll a lease to a for year  and if he die that then his wife shall have it during the whole residue of the  term determine by the death of a and the limitation to his wife be void ante I  and Leon more   the case upon demurrer be land be let to I S for ninety year  if he life so long and if he die within the term that then his wife shall have  it durante toto remaining termini prcedicti I S die within the term the  question be if his wife shall have it during the residue of the term?And pasch  a Elizabeth it be resolve by all the justice that she shall not for the term  be whole determine and the limitation to her be void for as a remainder it can  inure for a remainder must he create with the particular estate and be to he  limit for a certain estate videlicet for year life in fee c and here no  certain estate be limit to her for although it be limit to her during the  residue of the term and so shall he intend a lease for year yet forasmuch as  every lease for year be to have a certain commencement croak Elizabeth and end  here it be uncertain if she shall ever have it for I S may outlive croak  Elizabeth er p the ninety year and therefore a termor can grant his term after  his death and cognizant the remainder here be void but Anderson say a if the  wife have be party to the deed this peradventure may have been good to her not  by way of remainder but by immediate grant and demise for so many year which  shall he to come and durante boundary shall not he take for the interest but  for the time which Walmsley and Wyndham do express deny for they hold it be at  first void for the uncertainty when it shall commence or whether it shall  commence and it be adjudge that the wife take nothing vide I
case green against guy if a statute appoint a offence to be determine in any  of the king court of record it can only be try in westminsterhall ante Jones  dyer cro James cro Elizabeth salk Carth Bl Rep Com dig say vide Inst hawk p c  hale term Rep information for the king and himself before the justice of  assize in the county of Essex upon the Henry c for nonresidence for eleven  month upon his church of little Thurrock in the county of Essex the defendant  plead the statute of Henry c that one who have two benefice shall be resident  upon the one and that he be lawful present institute and induct as well to the  vicarage of Edgeware in the county of Middlesex as to the rectory of little  Thurrock and that he be all the time in the information mention resident upon  his say vicarage of Edgeware the plaintiff thereupon demurrer henden sergeant  allege the cause of demurrer to be for that he do not show a dispensation as  in Boytons case cite   but to that point no resolution be give for in regard  this information be bring before the justice of assize and oyer et terminer  and the statute do not give it but only in the king court where there may be  essoign gager de lie or protection therefore notwithstanding the statute of  James c which appoint that information take by inquest before justice of  assize or of oyer et terminer shall be determinable there it be resolve upon  conference with the other justice that this information lie not before they  and judgement be give for the defendant vide   Gregory case and Elizabeth dyer  croak car er p croak car hilary term car in the king bench sir Nicholas hide  Knt chief justice sir William Jones Knt sir James Whitlock Knt sir George  croak Knt justice sir Robert heath Knt attorney general sir Richard Sheldon  Knt solicitor general
case green against lincoln to call another a longshagbairedmurdering rogue be  actionable S C Jones roll ab side lev Hardres Com dig Cowp action for word  thou art a long shaghaired murder rogue upon not guilty plead it be find for  the plaintiff Grimston move in arrest of judgement that these word be not  actionable for be do not charge he direct with the murder of any person nor  say that he be a murderer but the word be adjective speak which manner of  speak show that the word be of chide and do not aggravate but extenuate quoad  the manner of speak henden sergeant move to have judgement for the plaintiff  and cite Wilson v meason a in the common plea where it be adjudge after debate  that for these word thou art a murder knave action lie but he have not the  record to show the court therefore advice till the next term and afterward in  Michaelmas term car be move again it be adjudge for the plaintiff
case green against more if the plaintiff be outlaw after the defendant imparls  he may plead the outlawry in disability without say puis darrein continuance S  c salk vent Lut Lutw n Lutw Lutw comb Bac Abr term Rep the case be thus the  declaration be in Trinity term the defendant imparls till Michaelmas term in  the vacation the plaintiff be outlaw and then in Michaelmas modern term the  defendant plead the outlawry in bar but do not say the outlawry be puis  darrein continuance upon this the plaintiff demurrer a executor may after  declaration and imparlance confess judgement and then plead this in bar and  need not say puis darrein continuance as in savil case Jones a so here the  plea of outlawry after imparlance be good without say puis darrein continuance  for it appear to be so here so mich will mary roll e contra in the case of  Surbi v Gile Trin term car roll b a outlawry be plead after imparlance but  because it be not say puis darrein continuance the plea be disallow so in the  case of ewer v moil Yelv c it be no good plea to say post darrein continuance  such a thing happen but ought to be precise in the day holt chief justice the  plea be good enough Eyre justice since the record appear why shall it not be  plead but per curian let it go over till the next term because it be a just  action you may in the meantime reverse the outlawry and then may plead puis  darrein continuance
case green against PENILDEN if the spiritual court refuse a plea good at  commonlaw a prohibition shall go Leon Cowp dougl term Rep prohibition for sue  for tithe be pray for that he have plead in the spiritual court that the say  Pedro ilden be not lawful incumbent but one tailor which plea they will not  allow the parishioner to plead to the right of the incumbency and it be grant  per curian for he be the tenant of the land may plead it or else he shall he  twice charge for his tithe
case green against piper by the commonlaw no tithe be Payable for a  dwellinghouse say vide SC more c dig roll Abr hob   a it be hold by the  justice that a house in London which be part of the possession of a priory  that be discharge of pay tithe of their possession yet by the Henry c shall he  charge for tithe accord to the ordinance there for before that statute no  dwellinghouse be Chargeable for tithe because no rofit arise of it and only  nobleman house be except and it be adjudge accord and a consultation be grant
case green against rivet Michaelmas term will roll a bill of Middlesex plead  as returnable on Monday next after three week of all soul be no bar to the  statute of limitation SC salk SC ld ray in a assumpsit non assumpsit infra sex  aged be plead the plaintiff reply that for the recovery of the say debt he sue  out a bill of Middlesex which he recite in his replication and it appear to  bear testae die Lunae post tres soldiers consecrated michaelis year quint ita  quod parat to have the defendant body die Lunae post tres soldiers consecrated  michaelis general without tell when and that the defendant promise within six  year before the issue thereof the defendant rejoin that he do not promise  within six year before the issue thereof the plaintiff demurrer the exception  be to the replication videlicet that it do not appear when the writ be  returnable for it can not be intend to be immediate without it have be so say  express and in fact a bill of Middlesex be never returnable immediate and it  be true the writ itself never mention the year in which it be returnable but  when one plead a writ he ought to do it holt chief justice say that the  statute of limitation be one of the best of statute and the plead thereof no  discouragement to anybody the defendant have judgement nisi
case green against ross in real action where the right of the land depend  uponinfancy the trial be to he where theland lie Inst     dig skin error for  that judgement be give by default against the defendant be a infant issue be  take that he be of full age and Godfrey move whether the trial shall he in  Norfolk where the land be or in Middlesexi where the action be brought?And the  court hold that it shall he try in the county where the land lie and  Taufieldsaid it be so adjudge in this court hetween Throgmorton and Burfind  vide Edward pl
case green against walter Dennis and his wife a plaintiff after issue join can  tender a challenge for consanguinity in the sheriff say vide   light b a hut  contra more after issub join the plaintiff tender a challenge that the  defendant be cousin to the sheriff and pray a venire facias to the coroner the  defendant deny the challenge and how the plaintiff may have a indifferent  trial the challenge be true be the question the justice say that the challenge  lie not on the plaintiff part but if he misdoubt the sheriff he ought to stay  until he be out of office Trinity term Elizabeth in the exchequer Chamber
case green case if a lessor receive rentarrear by any act affirm the lessee  possession it bar his right of reentry for nonpayment on the day it be due  post I Leon   b   light b a Cowp dougl I term Rep term Rep ejection firm the  case be a prehend let land to green for year render rend and a reentry for  nonpayment the rend be demand and be not pay and two day after the lessor  receive the rend of he and make he a acquittance by the name of his fermor and  if this receipt do bar he of his reentry be the question and it be clear  resolve that the bare receipt of the rend after the day be no bar for it be a  duty due to he but a distress for the rend or a receipt of the rend due at  another day be a bar for those act do affirm the lessee to have lawful  possession so if he make he a acquittance with a recital that he be his tenant  and in this case by call he his fermor it be a full declaration of his meaning  to continue he his tenant and it be adjudge that the entry be not lawful a  blow b confirm by Henry c croak Elizabeth er p
case green case in hue and cry by a master for a robbery on his servant the  information must he give by the servant and not the master cro car cro James  Leon Mod salk show Carth hawk p c sand action upon the statute of Winchester  for that one brook his servant be robbed and allege that the plaintiff himself  come before a justice of peace and be swear accord to the Elizabeth c a after  verdict it be allege in arrest of judgement that the servant be to he swear  and not the master and so be the opinion of the court for the servant may know  the croak Elizabeth person when the servant be robbed and the master be not in  company and the intent of the statute be that he that have notice shall he  swear and thereupon the judgement be stay a by whether c f if the principal  and interest he pay before action bring it may be plead in bar though not  strict pay accord to the condition of the bind a see Geo c Geo c croak  Elizabeth er p
case green case quaere if the spiritual court can excommunicate a husband for  refuse to pay for transmit a record against himself in a suit by his wife roll  ab ray green pray a prohibition to the ecclesiastical court at Salisbury  because his wife sue he there to be separate from he near rage sentence be  there give for the husband against the wife and he enforce to pay all the cost  for his wife afterward she appeal and because the husband will not answer the  appeal against himself and pay for the transmit of the record he be therefore  excommunicate and now pray a prohibition the court conceive the case to be  very hard that he shall be enforce to spend his money against himself but  because it be allege that the course be so in the spiritual court they will  advice until the next term and order to stay their proceed in the mean time
case green executor against crane promise lie as make to the testator who have  be dead seven year the defendant plead non assumpsit infra sex aged the  plaintiff prove a promise to himself within four year this do not maintain the  issue S c ld ray S c Mod S c salk action on the case be bring by a executor  upon several promise lie to have be make to the testator the defendant plead  the Statue of limitation upon which issue be join it appear upon evidence that  the testator have be dead seven year before the action be bring but the  executor give in evidence a promise make to himself within one year which be  the point save at the trial a verdict be give for the plaintiff and per totan  curian although the own of the debt be a continuation of it and take away all  presumption of its have ever be pay and consequent bring it out of the statute  a bull n p Bac Abr Cowp yea v Fomaker burr Lloyd v maund term Rep a yet this  verdict do not maintain the issue and it be set aside because the promise be  make to the executor can not be make to the testator infra sex aged b but in a  assumpsit by a executor on a promise make to the testator above six year  before the action bring if the defendant say to the executor within the six  year prove that I have the good and I will pay you and he prove it on this  trial this promise will maintain the issue of non assumpsit infra sex aged  heylin v Hastings Carth S c ld ray S c comy Rep b modern report er p
case Greenfield against Dennis and his wife in waste if the writ he against  the defendant ex dimissions a and the doclaration show a feoff to b it be have  for the count ought to have pursue the writ S c and Jones yely side bull n p  cro James sand salk dougl I to Rep waste by Richard Greenfield against Walter  Dennis and his wife late wife of George Greenfield the writ be general that  the say wife hold the land ex dimission George Greenfield and the count be  special that George Greenfield feoff diverse to the intent a recovery shall be  suffer against they wherein they shall bouch George Greenfield who shall vouch  the common bouchee which shall be to the use of George Greenfield or life and  after to the use of Alice his wife the now defendant and after to the use of  George Greenfield in tail remainder to his right heir which be execued accord  after nut waste plead and find for the plaintiff this matter be allege in  arrest of judgement that the writ do not warrant the count for the wirt ought  to be special and to have recite all the matter or it ought to thave suppose  the demise of the feoff for as this case be the land and the use be in the  feoff until the recovery which be as a feoff wherein his wife can take by a  immediate conveyance from her husband it ought always to suppose the gift and  demise to be from the feoff vide dyer and although it be move that this be  after verdict be help by the Elizabeth c which help where there be not any  writ and this be as if there be not any writ yet all the court hold that this  be not aid but where there be not any writ at all or where there be a good  writ as here but it warrant not the declaration or if it be a ill writ they be  not help by the statute
case Greenhill against SHEPPHERD if plaintiff confess a plea in abatement he  save cost the court if the defendant plead a plea in abatement and the  plaintiff confess it the plaintiff thereby save cost
case GREENVELL against the censor OF the college OF physician where a thing be  not by law to be show in court oyer can be demand of it or a copy S c ld ray  trespass for a false imprisonment the defendant plead quid recollection step  forth in scribe c that he be convict pro mala praxi before they for which they  commit he to Newgate c and it be now move for the plaintiff that they may have  a sight and a copy of the conviction for otherwise it will be impossible for  they to reply for see they have not plead a profert they can not have oyer  holt chief justice we be of opinion we can oblige they so to do because it  will be contrary to all modern report rule for where a release or other thing  be plead and it be not by law to be show in court there you can crave oyer or  demand a see Keeble v Hickeringle salk Mod holt where this case be quote and  agree for law note to former edition a see the case of Gundry v Feltham that a  person may justify a trespass in follow a fox with bind over the ground of  another if he do nothing more than be necessary to kill the fox term Rep a lev  modern report er p a copy thereof and this be different from the case of copy  of courtroll or a book of a corporation for if a issue be to be try concern a  copyhold the copyholder shall take copy of the roll because he have a interest  in the roll of the manor to make out his title so of a action of a false  return against a corporation when a man be turn out the book of the  corporation be public thing and concern he and therefore on a trial he have  liberty to take copy if you think the conviction in this case not justifiable  you may remove it hither by certiorari
case Greenway against freeman bankrupt SC ld ray the statute will c of two  three in number and value be plead in bar and the defendant to bring himself  within the benefit of the statute show that he abscond at the time mention by  the statute but do not show for what he abscond and for this the plaintiff  have judgement on demurrer
case gregg against I S a bind for sixty scales be not good for l ante post  Yelv roll ab Noy hob debt for six hundred pound upon a obligation the  defendant demand oyer of the bind which be sixty scales and for this variance  the defendant demurrer and it be hold by all the court that this obligation do  not warrant the declaration for it can be take for sexcenta but be another sum  wherefore the bill be abate
case gregory against booker if process of hdb v or jur he award to the coroner  it will he a mistrial if the sheriff terwards return a tale de A standing  round ante post   light a IBrownl mpor yely contra   hawk trespass the party  be at issue thef plaintiff for his expedition surmise that he be see vaunt to  the sheriff which be pomf ssed by the defendant the process be award to the  coroner and after verdict it be move in arrest of judgement that the tale de A  standing round be award and return to the sheriff this be hold by the whole  court to be good cause for stay the judgement for it be as a mistrial not aid  by any of the statute for the process be once award to the coroner the sheriff  afterward be not the officer to return the jury no more than any other man and  process ought always to be return by he who be a officer by law to return it  otherwise it be mere void but afterward upon view of the record it appear that  the tale be return by the coroner and their name annex thereto wherefore it be  without further question the court say if their names had not be annex to the  tale de circmmstantibus yet it have be well enough for they be annex to the  first panel and it shall be intend that the right officer return it the usual  course be that to such tale there be not any officer name subscribe and yet it  be good enough for it be not within the statute of York which appoint that the  name of the sheriff shall he subscribe a but it be move that the record of the  post be that the tale be return by the sheriff but the court hold that it be  amendable and it be do accord and the plaintiff have judgement
case gregory against Nevil a declaration on a promise in consideration of  relina nishiDE of rend must show that the relinquishment be by deed assumpsit  that whereas m the lessee for life of land the reversion to the defendant have  grant to the plaintiff a rend of ten hound out of it in consideration that the  plaintiff promise to relinquish the rend the defendant promise to pay he  thirty pound and allege in fact that he do relinquish the rend and do not  claim it c upon non assumpsit it be find for the plaintiff and upon motion in  arrest of judgement it be resolve that the declaration be not good because he  show not how he relinquish the rend for it may he by word which be no  discharge
case GRENINGHAM against ewer vide ante page a bind condition to do one thing  or another at the election of the obligee before a particular day be void if  the obligee do not make the election before the day ante post I roll Abr more  Mod Mod wood con dougl a see James c pound car c Ann c and Geo c ante b see  Henry c and whether c Com dig croak Elizabeth er p this case be now move again  and gawdy Clench and Fenner hold that the bar be good for the defendant have  election to deliver the obligation or to make a acquittance as the plaintiff  shall devise then if the plaintiff will not devise the acquittance he be  discharge of the make thereof by the default of the plaintiff and by  consequence from the delivery of the obligation for he have election to do the  one thing or the other it be not reason that the obligee shall compel he to  perform the one only Popham if it be a absolute disjunctive condition that the  obligor shall do the one thing or the other then the election shall he to the  obligor absolute and if the obligee disable he to perform the one part the law  shall discharge he of the other but it be here but a conditional election  videlicet if the obligee will devise a acquittance and if he will not devise  it he be absolute oblige to deliver the obligation and if the condition have  be that he shall deliver the obligation or shall make a acquittance before  Michaelmas if the plaintiff will require it it have be clear that he ought to  deliver the obligation unless the obligee require a acquittance so here Gawdv  there be grea diff rinse betwixt the case wherefore it be adjudge for the  defendant
case GRESWOLD against holms and his wife the wife shall be receive upon the  feint plead of her husband Inst Leon and Leon mpor formedon the tenant plead  nontenure and find for the demandant and now the feme after verdict pray to he  receive upon the feint plea of her baron because he have plead nontenure where  she may have traverse the gift and he bring a writ out of chancery de  alternate reci iendo for the feme E per curian it be receive for a false plead  be a feint plead and a feint plead be within the statute a and here there  needs not any new declaration because the feme be party to the suit otherwise  it be where he in reversion be not party to the suit and be receive
case grey against chapman a declaration in ejectment must show the will where  the land he Noy hob barn burr ejection firm the plaintiff declare that  prudence cozen by indenture a d S let unto he a house and twenty acre of land  by the name of all her tenement in S and after verdict it be move by foster in  arrest of judgement that the declaration be not good because it be not allege  in what will the tenement be and of that opinion be the whole court wherefore  it be adjudge for the defendant for the name of the will in the per nomen be  not material
case grey against dight Trinity term car roll a action on the case lie for  malicious cite a churchwarden to account in the spiritual court know that he  have account before though nothing ensue but excommunication and the  declaration need not state the particular of the cause SC raym SC Jones action  on the case by a churchwarden for a malicious prosecution of he in the  ecclesiastical court set forth that the defendant summon he to account upon  which he appear and be bid by the judge to account he do so and yet the  defendant prosecute he again and go and tell the judge that he will not  account on which he be excommunicate move in arrest of judgement that this  action lie not but hold it do lie for a malicious prosecution in the  courtchristian cro car roll Abr hob wile v beny cro James roll and this be  adjudge for the plaintiff though they do not show the cause on which shower KB  he be prosecute but only to account general but hold to cite a churchwarden to  account who have account before be actionable though be go no further and  resolve the action lie though nothing ensue but a excommunication and no  capias nor any express damage lie for this court will consider of the  consequence of a excommunication and a action lie for a malicious prosecution  though the judge proceed be erroneous for that be not material in this case  judgement for the plaintiff by the whole court on a solemn debate shower KB er  p
case grey against fielder in debt on a bind assign by commissioner of bankrupt  profert be not necessary post     cro James   light will dougl note I term Rep  debt on a bind assign by commissioner of bankrupt and do not show the  obligation wherefore it be demurrer but because he come in by act in law and  have no mean to obtain the obligation it be adjudge to be good enough without  show it in court as tenant by statutemerchant or tenant in dower shall have  advantage of a rentcharge without show the deed and see car c and Ann c post  croak car er p
case grey against fletcher Hilary term Elizabeth roll if the jury find that  the plaintiff have common prout he presrcibed and also a usage to pay a hen  yearly pro eaden communid yet the verdict be good for they be two prescription  post SC   b   Ent cro car sand carter   roll re hob Lucas bull n p will burr  Cowp dougl replevin the defendant justify for damage pheasant the plaintiff  claim common in the place where c issue thereupon and the jury find the  prescription but further find that he and all those who estate c have use to  pay for the say common every year a hen and five egg and if c they pray the  discretion of the court it be thereupon move that it be find against the  plaintiff for it be not find as he allege for he allege it as absolute audit  be find conditional videlicet if he pay for it Popham I be of counsel with a  Devonshire case where a man prescriheth to have potwater out of a river and  issue thereupon and find that he use to have it pay sixpence by the year and  adjudge that it be find against he who presrcibed but that be do like to this  case for there be a condition executory every year with the prescription and  therefore it ought to be inmost ely allege but here it be a thing collateral  from the prescription and the p rescription be perfect without allege it  wherefore it be well enough find for the plaintiff gawdy say that if the hen  and egg be not pay in this case he may distrain the plaintiff hest goi upon  the common although it be upon his own landquod Popham to go away wherefore it  be adjudge for the plaintiff Henry pl case
case grey against jefferies the father of a heir can have a action of trespass  for loss of marriage of his son by reason of a maim receive from the master to  who he be apprentice post Inst   b more raym Bl Com burr term Rep trespass  upon the case and suppose that he in Elizabeth put the grey his son and heir  apparent to the defendant to he his apprentice in the art of a tailor for  seven year and that the plaintiff be seize of land in the county of b in fee  of the value of twenty pound which land after his decease be to descend to the  say the grey the defendant the first of may Elizabeth I arms do assault the  say the and strike he with a spade upon his back by which he hecame lame and  decrepit by reason whereof he lose his marriage and can not marry he as before  to his damage two hundred pound a upon this declaration the defendant do  demurrer in law and it be argue by Tanfield of the one part and Halton of the  other and the same day without any further argument it be adjudge for the  defendant for the justice say it do not appear by any book that the further  shall have a action for the loss of the marriage of his son and heir except  when a stranger take he by force and marry he but if the son marry himself or  a stranger procure he to marry one the father have no remedy and trespass for  heat or battery of the son lie not for the father but the son only shall have  the action also in this case he be bind apprentice for seven year and so till  the seven year be pass the father have nothing to do with he and canDot marry  he during that time and so can have a action for loss of his marriage which  perhaps will never come to he
case grey against Mumford a wife may libel in the spiritual court for call her  husband a cuckold prohibition pray to a suit in the court Christian for these  word speak to the defendant thou art a cuckold for which Munfords wife libel  there as a implicit call of her whore and adulteress allege Mumford to have no  other wife and a prohibition be deny upon debate by the whole court
case grice against chamber the custom of a inferior court will control the  general practice I Leon pl Mod burr error upon a judament in Norwich in debt  upon a obligation where the defendant confess I to he his deed but accord to  the custom thekei pray qubd to seek after de debt is owed and thereupon the  court award a precept to the sergeant to make a inquest to inquire thereof  which inquest be return and find it to a certain sum for the which sum the  plaintiff have judgement to recover and this matter wasassigned for error and  because it be do accord to custom it be nob reversable and thereupon the  judgement be affirm
case grice versus bank eoden die the court of judicature for rebuilding house  burn down by the great fire in London have settle the rend which the tenant be  to pay for the house in question videlicet pound per and and there be a  ancient rend of pound S per and issue out of the same house to a charitable  use and which be now year in arrear the question be whether the landlord or  tenant shall pay this rend upon read the act of parliament the Lord keeper be  satisfy the tenant be in no case to be charge with more than the rend of pound  per and in the whole and direct the Vernon chancery case plaintiff to bring  the lady Dorset who have the reversion expectant on the lease before the court  and order the tenant not to pay any more of his rend in the mean time and  declare that the grow payment and the arrear of the pound l S a year ought to  be deduct out of the rend
case griffin against bover outlawry reverse for variance ante error to reverse  a outlawry unon I will mean the error be that the original be griffin and the  capias Giffim this cause it be reverse
case griffin against spencer debt on bind for nonpayment after notice of a  certain event plea no notice and issue thereon the plaintiff need not reply  that the money be not pay post Yelv side saun lev Lut vent show lev hard salk  Bac Abr dougl error of a judgement in the common plea error assign be that  Spencer bring debt upon a obligation against griffin the condition be that if  griffin croak Elizabeth er p pay to Spencer a hundred pound within one month  after notice of his return from Constantinople in Istria into England that  then c the defendant plead that there be no notice give to he of the return c  upon this the issue be take and find for the plaintiff and judgement give for  he error be assign because it be not aver that the money be not pay and then  no cause of action as in debt for nonperformance of a arbitrament the  defendant plead no arbitrament the plaintiff shall not only say that they make  a arbitrament but also that the defendant have not perform it in such a part  to inform the court that there be good cause of action so here but the court  hold clear that it be no error for whefi the defendant say he have no notice  this be a confessioner v ie dedire that he have not pay it and issue be take  upon a collateral matter and find for the plaintiff judgement shall he give  for he wherefore the judgement be affirm
case Griffith against Harrison to covenant for enjoyment free from arrear a  plea that the defendant deliver money to the plaintiff she intention to pay it  to the lessor be good S c skin S c salk there be a covenant in a assignment of  a lease that the assignee shall quiet enjoy c free and clear of and from all  arrear of rend a action be bring upon this covenant and the breach assign be  that the rend be arrear and not pay the defendant plead that he leave so much  money in the hand of the plaintiff she intention to pay it over to the lessor  in discharge of what rend be then in arrear c and upon a demurrer to this plea  it be hold good notwithstanding the objection that the intention be put in  issue for if it have be ad to loosen it will have be good and in this case the  plaintiff may have reply non to leave behind c in shades of dead nest ad  solvend c
case Griffith against morrison word actionable post action for these word  where be that bankrupt knave where be that pillory knave innuendo the  plaintiff and aver he be a merchant and the word S be adjudge actionable
case Griffith against williams Hilary term Elizabeth roll ejectment in Wales  may he sue by plaint and without use the word v I et arms f n b error upon a  judgement in Wales in e Dion firmcr first error that the word Jev Elizabeth  arms be not in the declaration second error the suit there be by plaint  whereas it ought to be by original William sergeant nun of these be error for  as to the first it may be one way or other Henry pl Edward pi and it be after  verdict and be but matter of form and cite a precedent Trin Elizabeth Lawsel  spring that this be help after verdict and as to the second error the Henry c  which appoint that for land in Wales the action shall he by original be to he  intend in real action in which land be demand but this action be in the  personality and the court hold that judgement be to he affirm say adjournatur
case griffith case in debt on a bind to pay within twenty day after the return  of a ship or at the end of eighteen month if the defendant plead a return  within eighteen month and payment within twenty day a demurrer to a  replication traverse the payment admit the breach debt upon a bottomry bind  condition that such a ship shall go from London to buenos air and return  thither within eighteen calendar month without any deviation the danger of the  sea except and that then the obligor shall pay so much money c within twenty  day after such return or at the end of eighteen month c the defendant in his  plea do not answer the deviation but plead that the ship do return within  eighteen month and that he pay the money within twenty day the plaintiff do  not demurrer to this plea as he may for not answer the deviation but reply and  traverse the return of the ship within eighteen calendar month modern report  er p to which replication the defendant demurrer and the plaintiff join in  demurrer it be insist for the plaintiff that the condition be in the  disjunctive videlicet to pay so much money within twenty day after the return  of the ship or at the end of eighteen month the defendant may have plead  performance of either part of the condition and here he plead performance of  one part videlicet that the ship do return within eighteen calendar month  which be traverse by the plaintiff be confess by the demurrer so that one part  of the condition be falsify by this demurrer the plaintiff must have judgement  and by the opinion of the court judgement be give for he accord
case griffith case word in the disjunctive be not actionable cro James winch  action for these word thou have steal my mare or consent to the steal of her  the defendant plead not guilty and find against he and after verdict it be  move that a action lie not for these word for they be in the disjunctive and  as to the last word it lie not for he may he say to he consent because he do  not contradict it and of that opinion be Fenner and Clench be only in court  and award quod to express grief nil to take in hand per billam
case GRIFFYTHS case a recognizance garderet peace be good roll Abr a to know  facias on a recognizance of the peace show a breach after the date of the  recognizance be good to know facias against Griffith upon a recognizance for  the peace take that may car the first exception take by Grimston be because  the recognizance be garderet peace whereas it ought to have be to retain peace  say non allocatur for so be many of the precedent and it be as well as to  retain peace second the recognizance be that be shall appear at the n xt  general quarter session for the say county and in the interim gardera Le peace  and it be allege that after the recognizance take and before the next general  quarter session videlicet that June car he assault one such and beat he and so  break the peace the exception be because he do not show the day of the next  session and I be of opinion that for this cause it be ill for he ought to  ascertain the court when the next session be and so that the breach of the  peace be before the say quarter session but Richardson Jones and Berkley hold  the allegation that the breach be after the date of the recognizance and  before the next session suffice but they will advice until the next term croak  car hilary term car in the king bench sir Thomas Richardson Knt chief justice  sir William Jones Knt sir George croak Knt sir Robert Berkley Knt justice sir  John bank Knt attorney general sir Edward Littleton Knt solicitor general
case grills against Ridgeway in what case a repleader may he award ante post I  sand ray cro James salk salk dougl the case   b gawdy say itis without  question that a repleader may well he after a demurrer but that be when the  plead be insufficient of both party Popham if it he insufficient inmatter so  that by it the action be confess and the plaintiff reply and a demurrer upon  it yet judgement shall he give against the defendant but where the bar be  insufficient not in matter but in form as for want of a traverse and a  replication be to it which be ill and a demurrer upon it there shall he  repleader afterward the justice move the party to discontinue the action and  to commence again and so they do the case refer to in Lord coke report be a  action of debt against the sheriff of Devon for a escape the declaration state  that the sheriff have take the prisoner in execution at StokeCannon in the say  county and have afterward suffer he to escape in the ware of Cheap London the  defendant plead and confess that the prisoner be take at StokeCannon and  escape upon which he the sheriff make fresh suit at StokeCannon aforesaid and  by virtue of the say execution and before action bring retake the prisoner the  plaintiff reply by way of protestation that the defendant do not make fresh  suit that after the prisoner escape and before he be retake he be one whole  day and night at the ware of Cheap in London out of the sight of the defendant  to this replication the defendant demurrer and it be agree that the bar be  insufficient in justify the retake at StokeCannon without answer the escape at  London and that if the plaintiff have demurrer he shall have have judgement  but that as he have choose to rely upon the protestation that the prisoner be  out of sight and have not deny the fresh suit there do not appear upon the  record any cause of action
case Grimes against Blofield Trinity term Elizabeth roll satisfaction be no  plea if it accrue from a stranger I roll ab Com dig debt upon a obligation of  twenty pound the defendant plead that I S surrender a copyhold tenement to the  use of the plaintiff in satisfaction of that twenty pound which the plaintiff  accept it be thereupon demurrer Popham and gawdy hold it to he no plea for I S  be a more stranger and in no sort privy to the condition of the obligation and  therefore satisfaction give by he be not good vide Henry bar Henry pl  afterward in easter term Elizabeth b Popham and Clench foreigner Jusliciariis  send away it be adjudge for the plaintiff
case grimes against lovel call a woman whore and pocky whore not suable in the  spiritual court S c holt S c ld ray libel in the spiritual court for these  word you be a damned bitch whore and a pocky whore and if you have not the  itch you have the pox and move for a prohibition because a action lie at  commonlaw and a difference be take where the word pox can not be intend but of  the French pox by the word that be join with it there a action lie and holt  chief justice say that where the word pox be join with the word whore it shall  be intend of the French pox and a prohibition be grant a a see hill v Lewis  skin hob and the bank of England v Newman ld ray Nicholson v Sedgwick ld ray  and the statute Ann c S a but see salk will burr and Mod Tidds practice  Walmouth v Houghton barn Fulwell v hall black Rep and Sellons practice a see  Anonymous ante and Whitfield v Powel post and Com dig action for defamation f  modern report er p
case Grimes against shack trover will lie for muskeats monkey and parrot  without say they be reclaim post cro car Bulst lie Com dig salk ld ray Mod Com  dig Bac ab action of trover and conversion of one hundred muskeats and sixty  monkey the defendant plead not guilty and it be find against he and it be move  in arrest of judgement that a action lie not because he do not show that they  be tame or reclaim as Henry and Elizabeth dyer for a hawk say non allocatur  for they be merchandise and valuable and so it be of a action for a parrot  wherefore it be adjudge for the plaintiff
case grimes versus French the same day you may at the bar pray a particular  relief though by your bill you have pray a general one though you pray general  relief by your bill you may at the bar pray a particular relief that be  agreeable to the case you make by your bill but you can pray a particular  relief which be entire different from the case see ante Stapleton v Stapleton  vol attorney general v jeans ante vol cook v martin ante dorm v fortescue post  vol Dixon v Parker Ves Bennett v vade post Weymouth v boyer Ves jun as here  the bill be bring for a annuity or rentcharge of ten pound per and leave under  a will and the counsel for the plaintiff ray at the bar that they may drop the  demand of this annuity and insist upon the land itself out of which the  annuity issue but the chancellor deny it because it come within the rule  before lie down
case grimston versus owner locust ux all Lord keeper Nov Eq can ab pl salk S c  a by will give his granddaughter pound to be pay by pound a year and devise  his land to b and his heir on condition that he pay his debt and legacy the  pound a year not be pay the granddaughter enter if b be relieve against the  breach of the condition it must be upon payment of interest for each pound  from the time it become due together with cost sir Samuel Grimston devise  inter alian pound to his granddaughter and heir now the wife of the Lord Bruce  to be pay by pound par and for sixteen year then Vernon chancery case er p  pound per and until the pound be make up pound but if his granddaughter die  without issue r l before it be raise then payment to cease and devise to the  plaintiff second son of sir William Lucking all his land in Hertfordshire for  his life remainder to his first and other son in tail c and all the rest and  residue of his estate real and personal he devise to he and the heir of his  body upon condition in both bequest that he pay his debt and legacy Vernon  chancery case per cur the plaintiff must pay interest for each pound as it  become due and that without any deduction for tax and with cost he be relieve  against the forfeiture by breach of the condition upon which defendant have  enter which be the question raise by the bill the annuity have run into arrear  on which the defendant have enter the interest at the rate of pound per cent  per and and in default of payment in future all grow arrear to carry interest  in like manner Reg lib a fol but nothing in the decree be say of the rest and  residue of the real and personal estate in particular but a account be order  of the personal vide Popham v Bamplield ante vol p and case in not there and  hold that the condition extend to both devise videlicet as well to the  Hertfordshire estate as to what pass by the general devise of the rest and  residue of real and personal
case GRISLING against wood custom can prevail against positive law post can  tem hard thou to Rep error for that in a action in a inferior court the  declaration be in English whereas by the Edward c all entry be to he in Latin  and although it be say the custom there be so use yet this can be good against  a statute and the judgement be reverse and evens say that diverse indictment  have be discharge for this cause a
case GRONDY against ISCHARN Hilary term Elizabeth roll outlawry reverse for a  omission of a letter in the testae of the writ I Com dig show Bac Abr dougl  error to reverse a outlawry the error assign be because the capias be este  Edmundo Anderson so as t be want for the testae be the warrant of the write  and so it be of judicial writ and therefore the outlawry be reverse
case GRONEHOUSE against cleaver a declaration against a prisoner must be  deliver personal or to the turnkey S c stram the defendant be deliver into the  custody of the marshal of the Marshalsea on the second of December last and so  continue without any declaration two term but in easter term a declaration be  leave in the office but not enter into the marshal book or deliver to the  turnkey Kettleby move for a supersedeas to discharge he reeves the arrest be  by process returnable in Hilary term in easter term the declaration be leave a  declaration to charge one in custody must be deliver to he but a declaration  which be only to prevent the process be determine by supersedeas need not per  curian it be not sufficient it ought to have be deliver to he or to the  turnkey and a supersedeas be grant
case ground and his wife versus Edward and his wife may a devisee of a annuity  for life charge on the personal estate where there be a deficiency of asset  shall abate in proportion with the other legatee determine on the authority of  Halton versus Medlicot before sir Joseph Jekyll this cause come before the  court on petition and a question arise whether upon a deficiency of a testator  asset to pay all the legacy a devisee of a annuity for life charge on the  testator personal estate shall abate in proportion with other legatee atkins  er p or whether he shall be consider as a specific legatee and consequent not  liable to abate with general legatee Lord chancellor say he believe there be a  case where such a devisee of a annuity be look upon as a specific one and  determine therefore he shall not abate but direct the petition to stand over  that he may look for this case atkins on the that of may his lordship say the  case of Halton executor of general pepper versus Medlicot SC cite Ves be a  authority in point that a annuitant for life on the personal estate must abate  in proportion with other legatee and be not to be consider as a specific  legacy general pepper by his will give a pound out of his personal estate to  purchase her a annuity of pound a year for her life if she continue in his  service and if that shall not be sufficient his executor have direction to  advance her a further sum to purchase this annuity upon a deficiency of asset  it be insist a shall abate in proportion with the other legatee sir Joseph  Jekyll be of that opinion and order she shall abate upon the whole sum of  pound his lordship on the authority of this case order the annuitant here  shall abate in proportion with the legatee Reg lib a foe levuin v levuin Ves
case GROVENOR against soam one joint and several bailbond for the appearance  of three defendant be bad S c salk S c holt one joint bill of Middlesex  against three with a ac etian super scribe obligatorium by they joint and  several the sheriff take one bailbond for the appearance of the three and  there be no appearance the plaintiff take a assignment of the bind and now  will have the sheriff amerce first it be agree that the bailbond be not accord  to the statute Henry c be for a joint appearance to several action holt chief  justice say that it have be adjudge in chief justice Glens time that if the  sheriff take insufficient bail and have not the party at the return of the  writ a action will lie against he but that the contrary have be hold since in  the common plea it be indeed always agree that a action will not lie for take  insufficient bail but see Ethericke v Cooper ld ray a but it be not settle  whether it will not lie for take insufficient bail and not have the party at  the return of the writ for though the modern er p statute command he to take  reasonable bail yet if he have not the party he shall be amerce and the  statute Henry c do not exempt he from that the writ be in plea transgression  ac etian billae and the bailbond be to appear in plea transgression only and  hold good in hale time and though all the clerk say that they know the sheriff  amerce after a assignment of the bailbond yet holt chief justice say that he  have know it deny by the other justice if one accept of a assignmentSee Ann c  a and the same bail be give as bail to the action that be bail to the sheriff  be can deny they see boldero v grey Cowp b but by holt chief justice if the  same that be bail become bail to the action and he except against they and  they do not justify be may go on with amerciament against the sheriff
case grumble against jones devise in remainder to a and his heir and for  default over be a fee S c Eq Abr S c salk a special verdict find that the  grandfather be seize in fee and by will devise thus I give to my daughter  Agnes for life remainder to a l and his heir and for default of such heir  remainder over the question be if this be a estate in fee or in tail holt  chief justice you will find it a hard point to make this a modern report  estatetail sir Peter king urge that it be so and cite the case of idle v cook  easter term in the four of queen whether a ante a if the remainder have be to  his brother or to anybody that have be heir at law it will have be a tail for  then he can not have die without a heir and so a remainder may proper be or if  it have be de see to go out or the like but these limitation be never carry  further the court give judgement that this be a fee but make the rule nisi c  note the controversy be between the heir of the devisor and the heir of the  devisee no way relate to the devisor
case GRUTE against LOCROFT EasterTerm Elizabeth roll a husband may make a  lease of land hold in jointtenancy with his wife to commence after his death  and it will be good though the wife survive ante   light   a more Poph Bac Abr  wood con Cowper dougl trespass upon de murrer the case be baron and feme  jointtenants during the coverture for sixty year the baron by indenture let  all the land for seventy year to commence immediate after his death the baron  die and the feme survive the question upon demurrer be if this he a good lease  to charge the possession of the f eme it be first move that it be a void lease  because it be not to commence till after the death of the baron and it may he  that he may overlive the whole term and it be all one as if he have grant the  term to commence after his death which have been void second point he die  before the term commence the interest be vest in the feme but it be adjudge a  good lease for as to the first it be not like the case put for there nothing  pass until his death but here a good term be create in interest although not  in possession for the second point the baron have a interest to dispose of in  his life he may dispose of all the term and it shall bind the feme so when he  have dispose by a act execute in his life of the interest of the term and have  create a term in interest this be as good as if he have grant all the term and  so it be adjudge I   a croak Elizabeth er p
case GRYGG against moses Hilary term Elizabeth roll breach of covenant  ejection firm upon a special verdict the case be one let land for year render  current per annum at the four feast videlicet Michaelmas c proviso that if the  rend be arrear by the space of a year after the day of payment it be lawful  demand and no distress to he find thereper totum time prcedict he may reenter  the rend be arrear for a year the jury find a demand and that there be not any  distress on the last day of the year upon the premise and that the lessor  enter and let to the plaintiff whether the lessors entry be lawful be the  question And without argument the court resolve for the defendant that the  condition be not break if there he a distress there at any time of the year  for per totum time prcedict shall he take for any part of the year and a  condition shall he take most favourable for the lessee but here the word be  plain wherefore it be adjudge for the defendant a Hilary Elizabeth ante croak  Elizabeth er p
case GRYMSTON against Reymer Hilary term Elizabeth roll on several cause of  action several damage may heassessed and as they be good or have so they may  he several affirm or reverse I roll Rep more strange dougl cro James assumpsit  for that the defendant in consideration of such clothes deliver at a Henry pl  Henry pl S p c Inst dalt c croak Elizabeth er p such a place promise to pay I  and in consideration of a debt upon arrearage of account the defendant croak  Elizabeth be indebt in the defendant promise to pay it the defendant plead non  assumpsit and it be find hgainst he and several damage assess but entire cost  and judgement accord for the plaintiff error thereof be bring and hold that  the consideration upon the second assumpsit be not sufficient but for the  first and for the entire cost the judgement be affirm and for the second  assumpsit it be reverse
case GRYSILL against WHICHCOTT Trinity term car roll it be not usury to take a  bind for the payment of the legal interest of a sum of money on mortgage  although make Payable halfyearly ante post more cro James Yelv Jones Bulst  vent Mod hawk p c Bac Abr Cowp dougl demurrer in ejectment the question be if  one mortgage land for one hundred pound and take bind for the interest of  eight pound per annum Payable halfyearly whether that make the bargain  usurious against the statute a because as it be pretend the use ought not to  be pay until the end of the year and contract to have half of it yearly be not  warrantable by the statute but the court upon the first argument at the bar  overrule it that it be not any usurious contract contrary to the statute  because the hundred pound be let for a year and the reservation be not of more  but of what be permit by the statute and although the interest be reserve  Payable halfyearly it be Allowable for he do not receive any interest for more  or less time than his money be forbear wherefore without difficulty it be  adjudge for the plaintiff and error be bring in the exchequer Chamber and the  error assign in point of law the judgement be affirm a Trinity term James roll  a James c but by Ann c interest be reduce to per cent croak car er p
case GRYSMAN against lews parson of Kingsland payment of one species of tithe  be not discharge by pay a modus for another ante post more Lut Inst Mod Carth  salk Bl Com ld ray ld ray livre Bac Abr Peer will wool Inst a salk prohibition  for sue for tithe of cow steer ox horse c wherein he surmise a custom that  every parishioner shall pay for every milk cow one penny by the year and for  every other cow a halfpenny per annum in recompense and discharge of all tithe  of cow ox steer and calf and also a penny for every mare in discharge of all  tithe of all horse mere and colt there and it uva S thereupon demurrer and  consultation pray for tithe pay for one thing can be intend a recompense for  tithe of another thing where tithe be responsible foiboth in kind and  therefore it be adjudge in sir Charles morrison case where one presrcibed to  pay the ten part of corn in the sheaf for the tithe of all which be in the  sheaf and of all which be rake and adjudge to be a void prescription because  he be to pay tithe of both of they it be also unreasonable for then he may put  the lessor part in sheaf and leave the great part to he rake and the opinion  of Fitzherbert n b g that tithe shall not he pay for the agistment of cattle  be no law and of that opinion be the whole court that this prescription be do  good to he discharge of one tithe by the payment of another for he ought to  pay somewhat croak Elizabeth f r the tithe of every thing which be due and if  tithe shall not he pay for the agistment of cattle livre may employ all his  land in feed of barren cattle and so defraud the parson of his title S and a  special consultation be afterward award provided non agqtur de Decimus for  milkcows draught ox or hest agisted for provision for his house Godolphin Rep  a see Henry c and Ann c croak Elizabeth er p
case guerdon against WINTERFLUD word actionable action for these word he be a  suborn of perjury after verdict Harris sergeant move that the action do not  lie for it be not allege that he suborn any person to commit perjury and the  word of themselves have no sense for one can suborn perjury curian contra for  he can be a suborn of perjury but it must he necessary intend he do suborn  some person to commit perjury and the word in themselves be very slanderous  wherefore it be adjudge for the plaintiff and a hundred mark damage be give  the court be move to mitigate they but they deny it
case GUILDEFLEW against ware word actionable action for these word thou have  steal a load of hoppole and it be rule that they be actionable for it shall  not he intend but they be cut down before for otherwise they can not he say  hoppole or that he can otherwise steal they
case guillam versus holland et a contra October in the paper of exception it  be the rule of this court to allow no more than per cent where the will do not  mention interest on portion charge upon land and have also be extend to the  case of legacy and portion charge upon personal estate where say Lord  chancellor a portion be charge upon land and the will do not mention interest  the court will not give any more than per cent though the legal interest be  per cent this be a rule which have be lie down of late year so Hodgson v  Rawson Ves more v more post vol Bryant v speak Ves Trimleston v colt Ves  Denton v Shellard Ves and have be extend likewise to case where legacy and  portion be charge upon personal atkins er p estate so Beckford v tobin Ves  wood v Briant post contra more v more post vol Swynsen v scawen Ves Bryant v  speak Ves
case gum against else where the action be against the original lessee the  breach need not extend to assign covenant that the defendant his heir or  assign shall set yearly so many crabapples or pearstocks assign for breach  that the defendant do not Wearg the declaration shall be take most strong  against the plaintiff he shall have allege that the defendant nor his assign  do not for the lessee may have assign blow cro Elizabeth Bridgman if a act be  to be d one to one or his assign it be sufficient to show it be not do to he  but when by he or assign it must be say neither by he nor assign Mod salk for  in the first to the assignee be but to the order in the last assign have the  proper meaning in the law probin contra they have demurrer general and not  show this for cause the action be bring against the lessee if there be a  assignment the defendant shall have show it but instead of that demurrer  general admit there be none it be a matter which lie in the privity of the  defendant and not of the plaintiff and that be the reason of Bradshaw case in    in the case in cro Elizabeth the breach be in the conjunctive but if it have  not it will have be good modern report er p Wearg in reply they be privy to  the covenant and may assign the breach in the word of it without know whether  it be assign or not powys justice this declaration may be true and yet the  covenant may be perform Eyre justice the interest and estate be suppose to  remain where it be unless the contrary appear it be in the defendant privity  whether he have assign or no fortescue justice I think it very well and it  will be absurd to be otherwise the covenant charge the lessee when he part  with the interest the assignee if the lessee die his heir if his assign have  do it he have the case in cro be that they do not all do it I think it very  clear and not worth consider per curian judgement be give for the plaintiff
case Gumbleton against Grafton a v venire facias and distringa test on the  same day be help by a verdict ante more Brownl conversion be the get in a  action of trover ante roll Rep   to Rep action upon the case suppose that he  deliver to the defendant certain wool to keep and the defendant have convert  they to his own use the defendant a see Geo c S croak Elizabeth er p plead not  guilty and find against he Godfrey move in arrest of judgement for that the v  venire facias and distringa bare testae upon one and the same day but gawdy  and Fenner hold that it be aid by the statute of Henry c of Jeofails second he  move that the declaration be not good because he allege not that he lose they  and the conversion do not take away the property from he but that he always  may have a detinue as Edward pl but gawdy and Fenner hold that the action well  lie for the conversion take away the property from he and it be a offence for  which this action lie as he pl and dyer Coges case wherefore cceteris  Justitiariis send away it be adjudge for the plaintiff
case Gunnell against Bradish process test after its return be amendable within  Henry c ante post cro James Noy Str Com dig Bac Abr a venire facias issue hear  date the seven of July and be returnable the six of July and because this be a  judicial process and may he returnable de die in diem it be hold it may be  well amend and it be say that it be usual in the common plea if a judicial  process hear testae upon Sunday to amend it
case gurrey against Sanderson easter term Elizabeth roll queen if a copyhold  may be entail without custom if the surrender he a discontinuance if a common  recovery may he suffer ante   light b Moo   raym   Cop pale yellow ten style  for sand Str will ves burr Bl Rep trespass upon a special verdict the case be  a copyholder in fee surrender his copyhold to the use of one in tail with  diverse remainder over who be admit accord and afterward surrender to the use  of another in fee against who a recovery be have in the copyhold court with  voucher of the tenant in tail who vouch a common vouchee and die whether that  be a discontinuance or bar to the estate tail be the question first it be  doubt whether a entail may he of a copyhold there be no custom find either one  way oh other second admit it to he a estate tail whether a surrender by itself  he a discontinuance of the estate tail three whether there may be a common  recovery of a copyhold to bar the issue in tail and those in remainder Popham  say that all these point ought tolhe well consider they concern many subject  and therefore they will ten well advice before there shall he any resolution  of they and it be therefore adjourn
case guy against rand ejectment post Yelv Brownl side Owen lev burr c dig term  Rep ejection form the plaintiff declare of a ejectment of one hundred acre of  land and show his lease in evidence only of forty acre and it be say he have  fail of his croak Elizabeth lease for there be no such lease as that of which  he do count but it be rule to be good for so much as be comprise in his lease  and for the residue the jury may find the defendant not guilty a see Geo c and  Geo c f croak Elizabeth er p
case GUYBON against WHITETOST Trinity term Elizabeth roll a sheriff bind to a  without say tunc v icecom be have Noy Com dig debt upon a obligation make to  the sheriff upon arrest one upon mesne ocess the writ be ad res bring  pondendum h Guybon recently viscount Xorff and the count thereupon be qubd  concessil see tender proefato h Guybon in prtvdict and he do not say  prediction h Guybon tunc viscount Norff existent and for this cause after  demurrer upon the bar whdrein the Henry c be plead in avoidance of the bind  because the condition be that he personal shall a appear the count be adjudge  insufficient and the writ abate
case gwin against Thornborough leet may amerce for a public nuisance see hawk  p c that edit ch S and ch S per curium one can be amerce in a leet for a  private nuisance but may for a public
case gwynn against pie practice ejectment for two message two garden and  seventy acre of land fifteen acre of meadow and thirty acre of pasture in  MuchDew church c the plaintiff deliver declaration to two tenant only and as  to the land in their possession the defendant enter into the common rule but  because he have make several small purchase in that parish and the plaintiff  claim only twenty acre late grant to he by lease from the bishop of Gloucester  therefore he move by his counsel that the plaintiff may give a note in write  before the first day of the next term what land in particular he claim and  where such land do lie and in who possession c or otherwise that he may not  proceed to a trial at the next assize for the defendant not know what land the  plaintiff will claim can not tell what purchasedeeds to produce at the trial  say non allocatur michaelmas term the five of William and mary in the king and  queen bench sir John holt Knt chief justice sir William dolben Knt sir William  Gregory Knt sir Giles eyres Knt justice sir George Treby Knt attorneygeneral  sir John summer Knt solicitor general
case GYBBINS case Trinity term Elizabeth roll the v venire facias in a action  on I pound p m c must he from both county trial p pais car c S Ann c action  upon the Ph mary c for the take a distress at d in the county of Sussex and  drive it to S in the county of ken the defendant plead not guilty and it be  try by a jury of the county of Sussex and this matter move in arrest of  judgement because the v venire facias ought to have be from both county for  the tort consist of two part and of that opinion be the whole court
case GYBBS against WYBOURN tithe be Payable for young tree plant in a  nurseryground for sale S C roll ab SC Jones Hardres Com dig prohibition for  that the defendant libel in the spiritual court for tithe of young tree plant  in a nursery upon purpose to be root up and sell to be plant in other parish  upon demurrer the question be whether tithe shall be pay for they roll for the  plaintiff argue that they be of the nature of the land and tithe shall not be  pay of they no more than of i of coal or stone dig or for tree or wood spend  in hedge or fuel in the house wherein husbandry be maintain Maynard argue that  forasmuch as he make a profit by such young tree it be a but now by car c the  tenure by knight service be abolish and all wardship livery primer seize c  take away b but by the car c a alteration be make in the nature of tenor which  make the power give by these statute amount to the whole of a person land  property croak car er p reason tithe shall be pay for they when he dig they up  and sell they in another parish as well as of corn or carrotroots or such  thing and all the court be of this opinion whereupon a consultation be award
case GYBSON against GARBYN Hilary term Elizabeth roll Qucere if in trover a  good fide sale without notice be a conversion Cowp term Rep action on the case  upon trover and conversion of sixteen broadcloth the defendant plead that  before the time of the trover and conversion one morris be possess of those  good and sell they to the defendant and before he have notice that they  appertain to the plaintiff he sell they to I S the which matter c And it be  thereupon demurrer
case GYBSON against HARBOTLE easter term James roll error because the  judgement be pity instead of to take in hand   a debt by a executor the  defendant plead a release of the testator make to himself upon non be factum  plead it be find against he and judgement in pity error thereupon be bring  because it ought to have be a to take in hand for that he plead a false deed  vide Henry pl Edward dyer by and car c no judgement shall be reverse for want  of a pity or to take in hand or because the one be enter for the other and by  will c the capias pro fine be abolish see salk comb Carth
case GYER against ORMSTED he be a thief and have steal my peartree be in the  copulative be actionable ante post roll ab cro car hob side Com dig Bac a r ld  ray action for word for that he speak of the plaintiff haec word he be a thief  and have steal my peartrees  Upon not guilty plead and find for the plaintiff  it be move in arrest of judgement that the action lie not for it be not allege  that there be any speech of the plaintiff nor innuendo the plaintiff Sed non  allocatur for de to express grief be good enough and imply it also that the  word be actionable be in the copulative but if it have be for he have steal it  shall be otherwise wherefore it be adjudge for the plaintiff a Keilw a croak  James er p
case GYLBERT against fletcher Trinity term car roll follow de Francisco v  barnum Ch d see also Ch d and Walter v Everard Q b breach of covenant will not  lie against a infant apprentice upon his indenture Hutton more cro Elizabeth  cro James stram Com dig Com dig Com dig vern Bl Com   light a r dougl term Rep  term Rep see Mr Consts edition of bott poor law page to covenant against a  apprentice for depart from his service without licence a within the time of  his apprenticeship the defendant plead that at the time of make the indenture  he be within age and thereupon it be demurrer it be argue at the bar that this  indenture shall bind the infant because it be for his advantage to be bind  apprentice to be instruct in a trade he be also compellable by the Elizabeth c  to be bind out a apprentice but all the court resolve that although a infant  may voluntary bind himself apprentice and if be continue apprentice for seven  year may have the benefit to use his trade yet neither at the commonlaw nor by  any word of the Elizabeth c b shall the covenant or obligation of a infant for  his apprenticeship croak car bind he but if he misbehave himself the master  may correct he in his service or complain to a justice of peace to have he  punish accord to the statute but no remedy lie against a infant upon such  covenant and therefore it be adjudge for the defendant vide Henry Edward Henry
case gyles versus wilcocks barow and nut SC atk on march the that this cause  by order of Lord Hardwicke stand at the head of the paper of that day when he  direct the bill against the defendant nut to be dismiss without cost and as  between the plaintiff and the defendant wilcocks and Barlow by consent of the  plaintiff gyles present in court on behalf of himself and the other plaintiff  and by consent of the defendant wilcocks present in court and of Mr Hodgson of  counsel with the defendant Barlow all matter in difference between the say  party in this cause be by his lordship refer to the award and determination of  Mr can that and Mr Thomas Stephens and they be to make their award therein on  or before the first day of Trinity term next and in case they can not agree  therein they be to name a umpire who be to make his umpirage on or before the  first day of Michaelmas term next and such award or umpirage be direct by his  lordship to be perform by the say party and to be make a order of this court  and no bill in any court of equity be to be bring against the say arbitrator  or umpire and the injunction be order to be continue in the mean time
case gyll against glass to the plea of nil to have a replication quod to have  be bad on demise but if issue be join thereon it be aid after verdict ante  post Yelv side Bulst lev Mod cro Elizabeth Com dig hob salk will error of a  judgement in the common plea the plaintiff glass bring a action of debt for  rend reserve upon a lease for year make by himself the defendant plead that  the plaintiff nothing to have in property predict tempore dimission predict  the plaintiff say quod to have in tenement predict be thereupon at issue and  find for the plaintiff and judgement for he it be now assign for error that  this replication be not good for he ought to have show to the court what  estate he have tempore dimission so as the court may adjudge that he have good  authority to demise and the reply general quod to have c be not good nor be  any issue and therefore the judgement erroneous and all the court hold that  the replication be not good and that the defendant may well have demurrer for  that cause a but the defendant have join issue and the verdict find for the  plaintiff it be now a issue and the verdict have make the replication good for  the court be now ascertain that the plaintiff have good authority and estate  to demise wherefore the judgement be affirm vide   salmon case
case Hacket against herne Michaelmas term car roll if judgement be recover  against father and son the father can bring a writ of error alone although the  son be under age SC Carth ante ld ray Bac Abr Mod Mod roll Abr stram b r h  will ld ray ld ray Cowp judgement be have in debt upon a bind against father  and son and afterward the father alone bring a writ of error and the error  assign be that his son be under age but because the son do not join in the  error the court order the writ to be abate see the case of ginger v Cooper ld  ray stram Mod a if a quare hinder be bring against a bishop and other and  judgement be against they all they must likewise all join modern in a writ of  error unless it be where the bishop claim only as ordinary it be true this be  against the opinion of Lord roll in his abridgment roll Abr pl b who put the  case that where a to know facias be bring against four executor who plead  plene administraveru the jury find asset in the hand of two of they and that  the other to go ind without die two bring a writ of error and although at the  open of the case it be hold that the writ shall abate for that reason because  bring only by two yet he say the judgement be afterward affirm and the writ  hold good but there be a difference where a writ of error be bring by the  plaintiff in the original action and when by the defendant for if two  plaintiff be bar by a modern er p erroneous judgement and afterward bring a  writ of error the release of one shall bar the other ruddock case   a ld ray c  because they be both actor in a personal thing to charge another and it shall  be presume a folly in he to join with another who may release all but where  the defendant bring a writ of error it be otherwise for it be bring to  discharge themselves of a judgement the release of one can bar the other  because they have not a joint interest but a joint burden and by law be compel  to join in error
case HACKSHAW against clerk to case on a bill of exchange a plea that he give  a bind in discharge of the bill be bad for it amount to the general issue a  action on the case be bring upon a bill of exchange to which the defendant  plead that after the acceptance of the bill he give a bind in discharge  thereof upon demurrer to this plea it be object that it amount to the general  issue for the debt upon the bill be extinguish by the bind the defendant ought  to have plead non assumpsit and to have give the bind in evidence and the  court seem of that opinion but by consent the defendant plead the general  issue
case HADCOCK against atkins in word speak of another by a character or  description which be equal relative to several the declaration must aver that  the plaintiff be the person speak of I roll Abr cro car roll Rep action for  these word you father innuendo the plaintiff have steal six sheep the  defendant justify and issue take thereupon and find for the croak Elizabeth er  p plaintiff it be allege in arrest of judgement that the declaration be not  certain nor sufficient to show that he speak those word of the plaintiff for  it be not aver that he speak they to the plaintiff son nor that the plaintiff  son be there present and then it can be intend of the plaintiff and the  innuendo will not help this uncertainty and although the defendant have admit  it by his plea yet that shall never help a declaration which be defective in  substance but if it be defective in form only as by leave out the place where  a thing be do or by plead a collateral plea that may he make good as Edward  and Edward and of that opinion be all the justice except gawdy that the  declaration be not good for it can be intend to he speak of croak Elizabeth  the plaintiff more than of any other person unless it have be aver that his  son be there present and although the defendant by his plea confess that he  intend they of the plaintiff yet that shall not help the declaration which be  insufficient but gawdy contra because it shall he intend that the plaintiff  son be there for otherwise he can not have say your father but notwithstanding  it be adjudge for the defendant
case Hadley against style in debt on bind for l and nil debet plead a verdict  of nil debet for l and debet for l be good S c salk in a writ of error upon a  judgement in the court of common plea the error insist upon be this a action  of debt be bring and the jury find for the plaintiff as to part and for the  defendant as to the rest it be object that this verdict be nought because a  debt be a entire thing and upon a nil debet the jury can sever and shall a man  bring a action of debt modern report er p for eighty pound and declare for  less this will be a variance between the writ and the count unless he show how  the rest be satisfy this the court agree to but yet the court be of opinion  that if the party bring a action for the whole debt and a part of it be pay  the jury may upon a nil debet sever as in case of rend Adjournatur modern  report easter term the nine of queen whether in the queen bench sir Thomas  Parker Knt chief justice sir John Powell Knt sir Littleton powys Knt sir  Robert Eyre Knt justice sir Simon Harcourt Knt attorneygeneral sir Robert  Raymond Knt solicitor general
case HADMAN and green against RINGEWOOD a action by churchwarden for a  trespass in the time of their predecessor must conclude ad damnum parochianor  ante dalis Leon cro James hale hale I hawk Str ld rv Mod peer will IV be move  by Tafifield that the action be not well bring because it be sup osed ad  damnum ifisorum whereas it shall he ad damnum parocAidnorum Edward pl coke it  may he either way and he say the precedent be both way and executor shall have  trespass of good take in the time of the testator suppose it to he ad damnum  ip sorum but afterward it be agree that the churchwarden in who time the good  be take may suppose it to he ad damnum Self or ad damnum parochianor at their  choice but the successor must of necessity suppose it to he ad damnum paro  chianorum and for this cause it be adjudge that the t to take in hand e  plaintiff n p billam
case HADMAN and green against ringwood churchwarden may maintain tres ass for  good take in the time of their predecessor Pok hawk hale dyer hale ld ray  Henry pl Henry pl dalis Leon cro James dyer Mod the plaintiff as churchwarden  of Hotherston in Norfolk bring trespass for take a hell out of the church in  the time of their predecessor and in truth it be in I the time of Edward in  the rehellion of kett there upon not guilty plead it be find against the  defendant and damage give Godfrey move that this action do not lie by the  successor of the churchwarden for they be not incorporate by that name but the  predecessor by reason of his possession ought to bring the action noritur cum  Po persond Henry coke contra rely u n f n b Edward for otherwise there be no  remedy for the wrong for the predecessor churchwarden can have action his time  be pass and soprimO fancy the justices do conceive for the successor shall  have account against the predecessor a
case haine against man assignment of bailbond Pratt chief justice a subsequent  sheriff can assign the bailbond the same person must assign after he be out of  office for the bind be in the person of the sheriff in this case the plaintiff  have the bailbond assign to he from the person that have be sheriff when out  of the office and another be in it the court give judgement for the plaintiff
case hains vers Jeffreys a marriage with a illegitimate relation who be within  the levitical degree be illegal comb SC ld raym SC Mod SC burn ecclesiastical  law Gib cod vin Abr title marriage e pl p Swinb that edit Seld de jure be  blunt lib v cap fol prohibition be pray to the spiritual court where there be  a libel for a incestuous marriage for the plaintiff have marry a bastard of  his sister and sir Barth shower urge that this be not within the degree  prohibit by the statute of Henry Henry cap for a bastard be not the daughter  of any one Inst   a bastard be the son of no one nor have any relation but be  the fountain or original of his own blood for he derive blood of no one Edward  b bendl dobbins on the other side quote the argument of the bishop of  Worcester and he say the word in Leviticus which we translate you shall not  approach to your next of kin in the Hebrew tongue be you shall not approach to  the remainder of your flesh the vulgar Latin say ad neighbor blood Himself by  which it appear that the intent of the prohibition be to prohibit a approach  to any that be of his blood and so the comens expositor extend this precept to  person who proceed as well from a illegitimate as from a lawful embrace vide  can Inst Lord chief justice hold and all the court seem to think it will be  very mischievous if a bastard shall not be account within the statute Henry  for by that rule a man may marry his own daughter and where it be say that a  bastard be the son of no one this be in civil respect and where there be a  inheritance
case hains versus hains Eq can ab pl S c a devise land to several person and  after his death one who be a friend to the heir at law snatch the will out of  the executor hand and tear it in piece S the piece S be gather up and stitch  together a bill be bring to establish the will and decree the devisees to hold  and enjoy and the heir to convey to they the uncle have devise his real estate  part to the plaintiff and other part to other relation and disinherit his  nephew and heir at law at the funeral of the uncle a young brother of the heir  at law snatch the will out of the hand of the executor and tear it in many  small piece S and most of they and particular such part wherein it be the  devise of the land be pick up and stitch together again the bill be to have  the will establish and decree that the devisees shall hold and enjoy against  the heir and he to convey to the devisees at his own charge and perpetual  injunction against all proceed by the defendant as heir at law in respect of  the land in question and the defendant to pay the cost Reg lib a fol Oct et  vide etheringham v etheringham alein Rep although no direct proof make that  the heir direct the tear of the will
case HAITON and other assignee against Jeffreys motion for leave to plead and  demurrer but refuse for demurrer be not plead the court be move for leave to  plead a plea and demurrer to the declaration at the same time upon the whether  c the word of which be that it shall be lawful for any defendant or tenant in  any action or suit or for any plaintiff in replevin in any court of record  with the leave of the same court to plead as many several matter thereto as he  shall think necessary for his defence provide nevertheless that if any such  matter shall upon a demurrer join be judge insufficient cost c modern report  the court the word of the Act of parliament be that it shall be lawful to  plead as many several matter c now a demurrer be so far from be a plea that it  be a excuse for not plead here you plead and at the same time pray that you  may not plead the word matter import a possibility that the other party may  demurrer to it but there can be no demurrer upon a demurrer this be never  attempt before
case hale against clare if a plaint in a inferior court be at the suit of c f  general and the declaration be at the suit of c f executor the variance though  fatal before be cure after verdict S c salk a writ of error of a judgement in  the PalaceCourt and a variance between the plaint and the declaration  videlicet that the plaint be enter at the suit of c f general and the  declaration be c f executor c so that the plaint be in his own right and the  declaration as executor this be assign for error modern per curian if this  variance have be in a record certify from the court of commonplea between the  original and the declaration where the original be only by way of recital the  party may allege diminution and have the right original if any certify but the  difference be between inferior and superior court for no diminution can be  allege of a record remove out of a inferior court but the court must take it  as they find it at first and this variance be fatal the want of a plaint in a  inferior court be like the want of a original in a superior court and  therefore Curable by verdict see Elizabeth c and Parker v grigson cro car a so  if there have be a verdict in this case the question will be whether we will  not look upon a plaint in another action to amount to the want of a plaint and  so aid it by the verdict see Wilson case hob Willis v Woodhouse hob accordant  but Prat v Dixon cro James contra b but it be not after verdict that matter  fall not under consideration by the whole court the judgement be reverse
case hale against Cranfield the declaration in slander must express allege  what word be speak ante Mod b r h action upon the case for that he speak in  scandalosa word of the plaintiff tenor quorum sequitur in hcec word thou art a  cozen knave and a bankrupt well similar things the defendant plead not guilty  and find for the plaintiff and judgement enter for he without privity of the  court the court be now move therein hold that a action lie not Walmsley say it  be b that reason of the word similar things as it be adjudge in garter case it  be not good also for that it be say that he speak diverse word tenor quorum  sequitur wherefore it be command that the roll shall he amend a Trin term Efiz  ante croak Elizabeth er p
case hale against white Trinity term James roll in trespass if the husband be  acquit and the wife find guilty judgement quod to take in hand be good post  cro car roll ab   hob Com dig term Rep error a husband and wife bring trespass  of battery against a husband and wife for the battery of the wife of the  plaintiff when not guilty plead it be find that the husband be not guilty and  that the wife only be guilty the judgement be quod to take in hand and for  this cause the error be assign for it shall have be a pity only for the  husband but the judgement be affirm and Mann the secondary show to the court  that so it be adjudge in the exchequerchamber in a writ of error upon a  judgement in this court vide ass contra vide and car c and and will c
case hale versus hale win wms atk atk Barnard a convey a term for year in  trust to raise pound for such child or child as shall be live at his death a  posthumous child hold a child live at his death to take within the meaning of  that trust which be not to be construe so strict as a limitation at law a  convey a term for year to I S upon trust to raise pound for such child or  child of a as shall be live at the time of his death a die leave no child his  wife ensient with a daughter which be afterward bear precedent in chancery er  p my Lord keeper declare that this posthumous daughter be a child live at the  death of a within the meaning of the trust and that a direction of a trust be  not to be so strict construe as a limitation of a estate at law and one  lutterel case be cite in my Lord Bridgmans time where a bill be exhibit on  behalf of a infant in ventre sa mere to stay waste and a injunction grant upon  it see coke institute harged n and Lord hardwicke decree in ellison v ayrey  vezey precedent in chancery de boundary paschae in curian porter
case halfpenny against udale ex relation instructress Buckley chancery will  assist provision for young child by a marriagesettlement land be convey to the  husband for life to the wife for life to trustee to preserve contingent  remainder remainder to the first and every other son in tail remainder to a  and b for five hundred year to raise young child portion c whereas the term  for five hundred year ought to have be create precedent to the limitation in  tail to the first son the first son when he come of age by a recovery cut off  the term for year to be relieve against which recovery and that some provision  may be make for the young child a bill be exhibit in chancery sir Joseph  Jekyll master of the roll upon hear the cause make a decree accord for it  plain appear to be the intent of the party that the young child shall be  provide for which this court ought to assist
case halfpenny versus ballet Feb a marriage treat betwixt plaintiff and  defendant daughter and the article sign by the plaintiff but not by the  defendant but the defendant permit the plaintiff to court his daughter and not  declare his dislike to the marriage and permit the young couple to live with  he court decree the defendant to pay the portion accord to the article on  marriage treat to he have between the plaintiff and the defendant daughter a  agreement be reduce into write and sign by the plaintiff and deliver to ballet  to be sign by he but he by answer deny he ever sign it but tear it be  dissatisfy with it in some particular but his objection not be to any material  part of the agreement and he have permit the plaintiff to court his daughter  and the marriage be afterward have and he not declare his dislike until ask  for payment of the portion and permit the young couple to live with he the  master of the roll decree the agreement and payment of the portion with  interest from the time of the marriage Reg lib a fol vide Eq can ab pl where  the report seem to be take from a statement of the case in bawd v amhurst pre  Ch quod vide and also observation on the doctrine of that case by Hardwicke  Lord chancellor in Welford v Beazeley atk Vernon chancery case de term S the  number three in curian porter
case hall against bind suit by administrator who administ debt is owed modus  commissar ill on demurrer but good by plead over debt by a administrator who  administration debt is owed modus undertaking to be the defendant plead over  per curian this have be have if demurrer unto but be now help by your plead  over for you thereby admit he have a right of suit and be administrator
case hall against clarke the act of a court must be in the present tense but  those of the party may be in the vreterpe fecl keb sand stram ld ray Cowp a  writ of error of a judgement in Whitechapel after the record be read hale  chief justice say the act of a court ought to be in the present tense as bring  eceptum be not teaching to be but the act of the party may be in the  preterperfect tense as go for sale et to carry out hic in curian quondam  complaint svan and the continuances be in the preterperfect tense as to come  not in to come but upon another exception the court give time to move it again
case hall against comb Trinity term Elizabeth roll a grant of all house mill c  in a will not pass a mill in b   a term Rep ejection firm of a lease of  Dodington against the defendant as tenant of one Aylesworth upon a special  verdict the case be that king Henry the eight have two mill under one house  and grant to Aylesworth all the house mill land e in well and the suburb and  liherties thereof and it be find that one of those mill be in well and the  other out of well and the liherties and suburb thereof and whether this mill  pass forasmueb as they be both under one roof t be the doubt and adjudge for  the plaintiff that it pass not croak Elizabeth er p
case hall against dean wood and his wife TrinityTerm Elizabeth roll trover lie  for money out of a bag ante Owen action of trover and conversion of by the  feme dumb sola to be the defendant plead not guilty and find against they it  be move in arrest of judgement that the action lie not because it be for the  conversion of money out of a bag but notwithstanding after diverse motion it  be adjudge for the plaintiff croak Elizabeth trinity term Elizabeth in the  common plea sir Edmund Anderson Knt chief justice Thomas Walmsley Esq George  Kingsmil Esq Peter Warherton Esq justice sir Edward coke Knt attorneygeneral  sir Thomas Fleming Knt solicitor general
case hall against HENNESLEY Hilary term Elizabeth roll word impute theftbote  be actionable and if allege to he speak in the presence of diverse it shall he  intend after verdict in their hear hob roll Abr Noy cro James cro car Bac Abr  Cowp action for word whereas he be rob by person unknown of diverse parcel of  linen cloth that the defendant prcemissa sciens in slander of the plaintiff  speak these word in the croak Elizabeth presence of diverse other videlicet  Hugh hall innuendo the plaintiff have receive three piece of his cloth again  of the thief and hear with the thief and if I have any hurt hereafter I will  charge he with it after verdict for the plaintiff it be move in arrest of  judgement that a action lie not for these word For when he say that he be rob  by person unknown then the say that he receive his good of the thief be not  any offence for it be not allege that he know who be the thief from who he  receive his good and to say that he bare with the thief be no offence for one  may hear with a thief as to hear with he that he shall not prosecute he which  be not any offence in law and one may receive his good again which be steal  without offence a unless it he do on purpose to conceit the offender and to  help he to escape it be move also that this declaration be not good for it be  that he speak those word in prcesentid to visit and do not say in hearing and  if none hear it be not a slander and as to it non allocatur for it shall he  necessary intend that it be in hearing when it be in prcesenti c but for the  word themselves they all hold for both reason allege that they be not  actionable wherefore it be adjudge for the defendant
case hall against marshal Michaelmas term car roll on a promise to permit the  plaintiff quiet to carry away a quantity of furze within a certain time the  omission of allege that he disturb he within the time be aid by the verdict  ante Jones raym roll Rep Carth Mod Mod strange Cowp dougl term frame error of  a judgement in the common plea in assumpsit whereas the defendant croak car er  p in consideration of one hundred and thirty pound pay and secure to be pay  bargain and sell to he that march car all the furze grow upon such a parcel of  land to be take before Michaelmas that the defendant in consideration c assume  to the plaintiff that he shall peaceable permit he to enjoy the say furze and  quiet to carry they away without disturbance and although the defendant have  permit he to carry away fifty load of the say furze yet he do not permit he to  enjoy all accord to his promise but disturb he front take one thousand load of  they which be grow upon the land at the time of the bargain upon non assumpsit  plead and find for the plaintiff and judgement give in the common plea the  error assign be because be do not show the certain time of disturbance whether  it be before Michaelmas otherwise there be no cause of action but all the  court resolve that this be no cause of error for be after verdict it be intend  that it be within the time the defendant have plead non assumpsit and the  cause of the damage appear upon the trial otherwise there have be no cause to  have damage and it be not material that the time of the disturbance shall be  allege in the declaration for it be collateral to the promise wherefore the  judgement be affirm
case hall against Matthew Denbigh and other Hilary term Elizabeth roll a  declaration in ejectment on a demise hahendum a confection be sufficient  certain without say when the lease be deliver ante post Leon Leon levinz  hetley cro James Runn e ect   dig will Bac ab Bac ab Cowp ejection firm of a  lease of Francis Fuliamb by indenture date first Novemher Elizabeth hahendum a  confection indenturce prcudictco and the ejectment be suppose d novemb  Elizabeth the defendant plead not guilty and find against he and after verdict  it be move in arrest of judgement that this declaration be not good for it do  not appear when the lease be seal and deliver for it may hear date at one time  and he afterward deliver and a declaration ought always to he certain and  therefore the common course be to say that such a day and year to send down  per indenturam date the same day and year but all the court after driver  argument resolve for the plaintiff that it be well enough for when he declare  that he let by indenture of such a date it shall he always intend to he  deliver at the same time whereon it bare date if it he not show with a primo  deliheratum at another day and he who plead a deed of such a date can by  replication or other plead maintain it to he deliver at another time for it  will he a departure as Henry pl dyer wherefore it be adjudge for the plaintiff  croak Elizabeth er p
case hall against seabright to trespass the defendant may plead a licence to  enjoy the premise from such a day to such a day S C keb S C side hob more Mod  Mod win Ent cart cro Elizabeth ld ray term Rep trespass wherein the plaintiff  declare that the defendant on the twentyfourth day of January enter and take  possession of his house and keep he out of possession to the day of the  exhibit the bill the defendant plead that antepraedictus time quo scilicet c  the plaintiff do licence he the defendant to enjoy the house until such a day  sander the plea be nought in substance for a licence to enjoy from such a time  to such a time be a lease and ought to be plead as a lease and not as a  licence it be a certain present interest Twisden justice it be true modern  that in the yearbook of Henry pl it be say that if one do licence another to  enjoy his house till such a time it be a lease but whether it may not be plead  as a licence I have know it doubt judgement nisi
case hall against the wife OF William gate executrix to her husband a husband  be not oblige to pay debt contract by his wife after elopement holt chief  justice say that if a person receive a woman who have run away from her  husband and lie out money for her the husband shall not be charge because the  wife have elope but if the wife continue to live with her husband and take up  necessary good though without the husband consent the husband be oblige to pay  for they unless he forbid people to trust her a dyer v east Mod Manby v Scott  Mod and the case to note a Mod foul v dingly stram etherington v parrot salk  conner v Martin stram Robinson v Gosnold Mod S c salk Bolton v apprentice  stram morris v Martin stram Manwaring v sand stram child v Hardiman stram Todd  v Stoakes ld ray S c Mod car v king Mod hatchet v Baddeley black Rep a
case hall against TURHETT the steward of a leet can fine for not do suit  without a presentment and then he shall he amerce more kitchen a   a Andrews  post pl Com dig replevin the defendant justify by reason of a fine assess by a  steward in a court leet for not come to the court and do his suit and for it a  distress taken  and upon this it W S einurred and all the justice hold that  the assessment be without presentment that he ought to do suit at court be  without warrant and in such case he shall be rather amerce than fine for  Anderson say for such offence as be within the conusance of the steward as  judge and of which he have the view he may assess a fine but of other not  except they he present and non constat to the steward if he be resident within  the leet or not or what cause he have for his absence and periam say if he  shall assess the fine he will assess it too grievous and so the party shall  have no remedy but for amerciament a within bounds pity lie Henry pl and for  this cause the plaintiff have judgement
case hall against WOMBELL debt will not lie on a judgement give by  commissioner of excise raym Jones winch godb roll Abr cro Elizabeth will  Espinasses digest the question be whether a action of debt will lie upon a  judgement give by the commissioner of excise upon ail information before  them?Adjournatur
case hall and gaven and other in a indictment a misrecital of the statute on  which it be find be fatal ante post Bulst cro James hale hawk dougl Cowp to  Rep indictment upon the Henry c exception be take because the statute be  recite si some drive out sit et disseizilus whereas the statute be well  disseizitus but gawdy and Fenner hold it not much material for although word  be disjunctive yet they be always expound as copulative for if he he not drive  out el disseizitus action lie not upon the statute second the statute be  recite well some enfoeffment or discontinuationem whereas the statute be post  ankle entry some enfoeffment and for this misrecital it be hold insufficient  croak Elizabeth and it be move although the indictment be void for the entry  with croak Elizabeth er p force yet it be that they with other riolos et  routos enter c it shall be good for the riot curian contra for the indictment  beginning with the statute and conclude contra form to cause to stand this can  have no relation to any offence except upon this statute and the indictment be  award insufficient and discharge
case hall case in a indictment of murder it be sufficient to say that the will  be give in the leave part of the side   a   b skin Carth hawk p c Cowp term  Rep hall be indict before the coroner of d of murder exception be take because  the stroke be lie to be super left hand parten side c and he do not show in  what part and so uncertain but the court hold it to be certain enough for  latus be a place know
case hall versus bodily July Lord chancellor a defendant have swear that he  receive no more than such a sum to his remembrance allow to be sufficient on  exception to a answer the defendant have swear he receive no more than the sum  of to his remembrance it be allow to be a good answer Reg lib a fol but this  point do not appear as to the principle of such a answer vide white v William  Ves
case hall versus DENCH novembris Lord chancellor ante case this cause come  this day to be hear before the Lord chancellor upon a appeal from the decree  of the master of the roll he confirm the decree and declare though the  mortgage in fee be a revocation at law yet in equity it shall not be take for  a total revocation but the devisee shall be admit to the redemption for the  intent of the mortgagor make the mortgage can be no other than only to serve  his special purpose of borrow money to supply his present occasion Reg lib a  fol
case hall versus DOWTHWAITE februar in court Lord keeper suggest prior  encumbrance to person live out of a county palatine will entitle this court to  a jurisdiction concern land within the county palatine this case concern land  within the county palatine of Durham and in order to entitle this court to  jurisdiction of the cause the bill suggest prior encumbrance to party that  live out of the jurisdiction but when the cause come to hear no such matter be  make out by proof but it appear that the proceed in the county palatine have  be unjust the Lord keeper say he will retain the cause and consider of it a  order be make it be matter of title that a trial shall be Vernon chancery case  er p have in pursuance of two former order for that purpose Reg lib a fol No  further order appear vide stride v little ante p earl of Arglass v Muschamp  ante p and case cite in note there sir James Johnson v Desmineere ante
case hall versus hall July the guardian be a proper judge at what school to  place his ware and the court will not indulge the infant in be put to a  private tutor or go to another school and if he refuse to go will take a  proper course to compel he a application be make to the court to compel a  young gentleman who have be place at Eton school by his guardian to return  there again the lad of sixteen year of age be present in court and have no  reasonable ground of complaint against the master of the school Lord  chancellor will not indulge he in be put to a private tutor or go to another  school but say his guardian be the proper judge at what school to place he and  where he have send he be a school of very great reputation and that if he  shall refuse to go he will take the proper course to compel he his lordship  mention a instance in Lord macclesfield time of a young gentleman who have be  place by his guardian at the university of Cambridge and on his absent himself  from thence and refuse to return Lord Macclesfield on application to he by the  guardian send he to the university in the custody of his own tipstaff here the  lad agree to go back to Eton and be indulge by the court in a fortnight S time  for that purpose Reg lib a fol atkins er p
case hall versus Hoddesdon at the roll Eq can ab pl bill to perpetuate the  testimony of a will if bring to hear to be dismiss with cost this bill be  bring by a devisee of land to perpetuate the testimony of a will and to  establish the will and upon open thereof the master of the roll dismiss the  bill with cost declare that this cause be only for perpetuate the testimony  ought not to have be set down for hear so anon Amb Vaughan v Fitzgerald Sch l  and a prayer for relief as here to establish the will ought not to be add to a  bill to perpetuate testimony Vaughan v Fitzgerald ub sup rise v Gannel atk  peer William and upon Mr mead pray on behalf of the plaintiff that the  dismission may be without prejudice to the plaintiff make use of the  deposition his honour reply there be no need of this because the plaintiff  will at law have the benefit of these deposition though the bill be dismiss  see backhouse v Middleton Charles can anon and Vaughan v Fitzgerald ub sup
case HALLINGS against CONNARD Trinity term Eliz roll on a covenant to assure  land at the charge of the covenantee the covenantor ought to notify what  assurance he will make before the covenantee need tender the charge ante SC  Owen more   b Mod I wood con Cowp dougl term Rep b r term Rep in c b debt upon  a obligation condition for the performance of covenant within a certain  indenture the breach be assign whereas the covenantor covenant with the  covenantee that he at the cost of the covenantee will assure such land unto he  before such a day that the day be pass and no assurance tender by the  covenantor nor cost by the covenantee and whether the covenant be break or not  be the question it be argue by William for the defendant that the plaintiff  ought to tender the cost first otherwise the other be not bind to make the  assurance and he cite Henry pl and dyer and a precedent in the book of Entrles  where issue be take upon the tender of the cost Warherton contra the  covenantor be to make the assurance and that may he what he please videlicet  fine feoff recovery and therefore he ought to notify his readiness to do it  and what he will do so as the other r iabt know what cost he be to tender but  if he have covenant to make so my certavin assurance as fine feoff recovery c  it shall have be otherwise and so it be adjudge in this court in frank v  Forster a which Glanville affirm he be of counsel therein and of that opinion  be the whole court here that the covenantor ought to give notice what  assurance he will make and to show his readiness to do it otherwise the  obligation be forfeit but Walmsley say there be no difference whether the  manner of the assurance I leave to the covenantor and where he covenant to  make one kind of assurance for in both case he be to do the first act and to  tender the assurance wherefore it be adjudge for the plaintiff but the entry  of the judgement be stay upon the defendant prayer and the matter reserve to  order
case Halsey against carpenter Trinity term James roll a plea of performance of  a condition to pay three person thirty pound tam quickly they shall come of  age must show when they come of age and when the payment be make ante post    light bendl Bulst SC Bulst skin hob Lutw salk ld ray Bac ab debt upon a  obligation condition for the payment of thirty pound to h S I S and a S tam  quickly as they shall come to the age of twentyone year the defendant plead  that he pay those sum tam quickly as they come of age and it be thereupon  croak throw demurrer because it be not show when he come of age and the  certain time of the payment and for this cause all the court hold the plea to  be ill for although it be a good plea regular to the condition of a bind to  pursue the word of the condition and to show the performance yet coke say  there be another rule that he ought to plead in certainty the time and place  and manner of the performance of the condition so as a certain issue may be  take otherwise it be not good wherefore because he do not plead here in  certainty it be adjudge for the plaintiff And between the same party in  another action u debt upon a obligation the condition be for performance of  legacy in such a will he plead performance general and not show the will nor  what the legacy be it be adjudge for the plaintiff
case Halsey versus smyth at the chancellor house Lord chancellor a decree ex  part be make on default of the defendant read the affidavit of service and a  piece of the answer but if a cause be hear and the bill and answer open and  then be adjourn though the defendant make default at the next hear the decree  shall be absolute for the second hear be to be consider as a continuation of  the former when he do appear this cause come to be hear and the bill and  answer open be refer to arbitrator but nothing be do on the reference it come  on again to be hear this day and the defendant make default the question be  whether the court shall make mosely report er p a absolute decree or ex part  and Mr lutwych for the plaintiff insist that decree ex part be only make where  the defendant make default on affidavit of service and read a piece of the  answer but that a decree ex part be never make where the bill and answer have  be open and the cause adjourn over and that this hear be to be consider as a  continuation of the former hear when the defendant do appear and the register  be consult and of the same opinion the Lord chancellor pronounce a absolute  decree
case halter against Whitfield and another in a inferior court if issue be not  join in six month after appearance the cause ought to be remove in a cause  commence in a inferior court if issue be not join within six month after  appearance the cause ought not to be remove by habeas corpus a special return  be make there of by virtue of the statute James c and this be agree by the  court on debate in this cause a complaint be make against Mr staple the  steward of Windsor vide ante case see Geo c
case Hambledon against Hambledon a devise to three and that each shall he the  other heir I a jointtenancy SC Leon Savil Owen Leon Cora dig Powel on Dev a  devise be to three and that the survivor shall he each other heir it be  adjudge that they be all jointtenants and so be the meaning of the will
case hamell versus hunt post Eq Abr c S c roll Abr vern vern pale yellow Rep  wms win ves ves salk levinz atk atk atk brown Rep Cowper e contra salk brown  parliament case bro p g bro p c and ed vol bro p g and ed those mark thus be  authority respect real property one assign a term to trustee in trust to  permit himself to receive the profit during his life and after his death in  trust to permit his two daughter b and c their executor and administrator to  receive the profit during the residue of the term equal to be divide between  they they pay so much within two year to his other two daughter b die c  mortgage to d hold that b and c be tenant in common and not joint tenant by  the intention of the father which be to make distinct provision for they a man  assign a term to trustee in trust to permit himself to receive the profit  thereof during his life and after his death in trust to permit his precedent  in chancery two daughter b and c their executor and administrator to receive  the profit during the residue of the term equal to be divide between they they  pay so much within two year to his two other daughter b die c mortgage to d  and the only doubt be whether these two sister be jointtenants or tenant in  common the master of the roll hold that this be a trust of a personal thing  they be tenant in common and that the father intention appear so in the  consideration which be to make several and distinct provision for his two  daughter and the pay of the sum appoint to their two sister make they  purchaser Vid the case of clerk v clerk vern where a devise to two equal to be  divide and to the survivor of they be hold a jointtenancy Vid wms brown  parliament case bro p g and ed where the gift of a residue to two or more be  hold a jointbequest with the benefit of survivorship wms the same point and  determination see coke Inst hark Edward b n precedent in chancery de boundary  S the number three in curian porter
case hamm versus stevens eoden die Eq can ab pl pi S c a trustee for three  person be call to a account all the beneficiary and trust must be party the  bill be to have a account of a trust the defendant plead he be entrust for  three child videlicet for the plaintiff and his two brother and that the other  two not be make party to the suit he be not bind to answer for otherwise he  may be thrice call to a account for the same matter the plea be allow by Reg  lib a fol it appear that the plea come on to be argue and no counsel attend  for defendant the plea be overrule and defendant order to answer afterward fol  same book the former order be stave and the plea set down to be argue on the  that of December follow it come on but no counsel ear for the plaintiff  whereupon in presence of the defendant counsel the say Appius plea be in  abatement for want of party the same be allow Reg lib a fol vide anon post and  case cite in not there Vernon chancery case er p
case Hammon against gryffith if a informer in who tam die before plea the  crown may proceed for its portion of the penalty Inst   Leon hawk p c c S Com  dig hawk information upon a penal statute for the queen and he self before any  plea plead the informer die coke attorneygeneral move the court whether he may  proceed upon it for the Queen?And the court hold that he may and if the  informer will he nonsuit or release the queen may prosecute and so it be rule  in this court betwixt Stretton old woman tailor a where the queen attorney  will enter a non v ullproseq Q yet the informer may proceed for his part and  so where the queen will pardon c for it be but for her own part only wherefore  it be rule accord
case Hamond against barker if a man acknowledge and enrol a deed he can  afterward plead duress more roll ab Owen Inst cro James pale yellow use Cowp  trespass upon evidence the case be I S by deed enrol in chancery bargain and  sell a house and certain good to the plaintiff and after take the good again  and will avoid this bargain and sale enrol by duress of imprisonment Godfrey  say it can be avoid by such nude matter in fact Edward pl Henry pl Edward  estoppel Edward pl for be enrol it be a thing of record Morgan contra and he  say a deed enrol be no record but a thing record Henry pl and cite brown and  Weston opinion in one morley case accord the court say the case be doubtful  and they will advice but afterward they conceive it will he bare to avoid the  deed by duress but no judgement be give because the party agree
case Hamond against the queen indictment quash ante cro James palm roll ab Mod  hawk Bac ab error to reverse a judgement give upon a indictment the first  error assign be because the record be qubdper sacrament I S c it be present  and these word estimable el of man be leave out and for this cause the court  hold it to he ill and to that purpose gawdy cite the yearbook of two Henry pl  where a indictment be discharge because some of the indictors be outlaw of  felony and therefore be not Probus et regales man another error assign be  because it appear not in what county the place be where the indictment be take  although a county be name in the margin of the record and therefore it be hold  also to he ill and rule be give for the reversal thereof unless c croak  Elizabeth er p
case Hamond versus he eoden die in court Lord chancellor a and b be about to  marry surrender their respective copyhold estate to the use of they two and  the survivor the man die before the marriage and the woman enter on his land  and after thirty year quiet enjoyment she be decree to surrender to the heir  and account for the profit upon a treaty of marriage the man and woman have  each of they copyhold of inheritance they mutual surrender the same to the use  of they two and the survivor of they and before any marriage be have the man  happen to die upon his death which be about thirty year since the woman by  virtue of the man surrender enter on his copyhold estate and enjoy the same  ever since the heir of the man now bring his bill to have the estate  resurrended and for a Vernon chancery case account of the profit insist that  the marriage never take effect and that it be a trust for the husband and his  heir until the marriage take effect the Lord chancellor decree a resurrender  and a account of the profit from the death of the man it be a principle of  equity that the statute of limitation do not bar a trust Lord Kingsland v Lord  tyrconnel vin ab pl but this be only as between trustee and beneficiary and  trust not against a trustee by implication and as such affect by a equity  Townshend v Townshend bro Ch Rep Llewellyn v Mackworth Barnard cite there see  Cholmondeley v Clinton mere I W where all the case upon this point be discuss
case hampton against bartholomew Trinity term Elizabeth roll if a  administrator plead a recovery el quod nothing prceler c the plaintiff may  reply satisfaction without show that judgement be enter or that the  administrator have asset ultra say vide Douglas to t Rep debt upon a  obligation against the defendant as administrator of John bartholomew the  defendant plead a recovery in debt against he in London el quod nothing c  prceter ad to give satisfaction that judgement c the plaintiff reply confess  the recovery but show that before this action bring the plaintiff there  acknowledge satisfaction upon record thereupon the defendant demurrer because  he do not allege that the judgement be enter upon that confession nor that  judgement be enter quod defendens eat without die nor that he have good over  and hesides those which satisfy the recovery it be adjudge for the plaintiff  for satisfaction be acknowledge he can plead that he have nothing d because  the judgement be discharge by this satisfaction acknowledge without any other  judgement
case hampton against Courtney bail enter for the execution only and not for  the judgement shall be amend Bulst lateb Mod dougl error bring to reverse a  judgement in a action of debt where bail be enter for the defendant judgement  be give for the plaintiff the error assign be that the entry of the bail be  sub penalty performance in act of assignment performance so as it be enter for  the execution only and not for the judgement whereas it ought to have be sub  penalty condemnation and thereupon the court be move to have the bail  discharge say non allocatur for the bail be once take stand as well for the  judgement as for the execution and they order it shall be amend and make to be  sub pna performance judgment as well as for the execution croak throw easter  term James in the king bench sir Thomas Fleming Knt chief justice sir Edward  Fenner Knt sir Christopher Yelverton Knt sir David William Knt sir John croak  Knt justice sir Henry Hobart Knt attorney general sir Francis Bacon Knt  solicitorgeneral
case Hancock versus Hancock see lee v head king I Campbell v Ingilby Bea v Nov  Lord keeper Eq can ab pl S c settlement by a freeman before marriage though of  land bar the wife of her customary part and the child in such case shall have  a moiety of the personal estate where the wife of a freeman of London be  compound with before marriage by settle a jointure although of land the wife  be take as advance and the child by the custom of Vernon chancery case London  shall have a moiety as if the wife be dead and so certify in the case of hall  ux and Lumley car the case of Clare and Acmooty cite that when all the child  be advance there the wife have a moiety do you city sergeant any jointure bind  and bar the wife that be call a composition this be on a rehear on the above  point the settlement appear to have be of land and the word of the decree be  as follow whereupon c his lordship declare that accord to the custom of the  city of London the plaintiff whether the testator widow have be advance on her  marriage she be not entitle to her three of the personal estate by the custom  of the say city but that such three ought by the custom of the say city to be  bring into the whole personal estate and that after the testator debt pay and  satisfy the whole personal estate of the testator ought by the custom of the  say city to be divide into equal moieties and that one moiety thereof be the  testamentary part to which the defendant be entitle by virtue of the will and  that the other moiety thereof be the orphanagepart which ought to be divide  among the plaintiff the infant and the defendant the child of the say Leonard  Hancock the testator Reg lib a fol vide on this point the case cite in not to  love v Chadwick ante vol p Vernon chancery case er p
case hanger against fry on a suggestion that a defendant have other land in  the same county a second elegit may he award on the return of the first elegit  ante more roll Abr pale yellow ex Lut dougl the case upon special verdict be  that the plaintiff recover in debt against h fry and sue a writ of elegit and  the sheriff do deliver to he some land of the say h fry in extent super quo  the plaintiff come in court and surmise that the say h fry have other land in  the same county and pray another elegits and have it  and by virtue of this  second writ the land in question be deliver the question be if this second  extent be good and if not whether it be void or voidable Edward execution  Edward pl Henry Popham chief justice if it do appear that the plaintiff have  take the first land upon the delivery of the sheriff and accept it then he can  afterward take a new extent and if he do it be whole void and not mere  voidable or erroneous for then the record be end the atorneys of both party be  out of court and it be as a writ without original which be whole void but here  it be find super quo he come and pray a new extent and this shall he intend  the first day of the extent return and then it be reason that he may waive it  and pray a new extent for he never accept of the first and so a e the book  that if the demandant in dower accept the land assign by the sheriff she can  in another term pray a new execution Fenner and Clench be of the same opinion  and say so be the course in the Conamon plea to grant a new elegits if the  party pray I upon such surmise and afterward it be adjudge that the new extent  be good
case hannam against Stephens the conusee of a statute though after liberate  return can assign the land before recovery in ejectment or other action and  actual entry SC lev SC Mod SC skin SC salk ejectment on a special verdict a  statute be extend and a liberate return but no possession and the conusor  still enjoy the land the question be if this be assignable it be argue for the  plaintiff that there be no turn any estate to a right to a interest whereon a  ejectment may be bring and the possessor remove the conusor be not a seize but  at my election a I have still all the possession as I ever have and that be  what the law give I upon the liberate upon the return of the liberate the  conusee be then say to become tenant by statute staple and then there be  shower KB a interest in he by agreement of the party upon the to go away it be  at least in nature of a interest termini it be not a mere right but like  Bracebridges case b in coke Littleton c a lessee for year before entry be say  to be the same with tenant by statute staple and therefore the one be  assignable as well as the other holt chief justice the book say when the  liberate be award the party may enter and then from the execution of the writ  the party be in possession and then when the party go away this be a actual  ouster and this turn it to a right and I have know this before Ellis justice  in the circuit and hold not assignable for want of a actual entry and  possession dolbin justice upon a lease for year it have oftentimes be doubt  eyres justice I be of that opinion always and have advice administration to be  sue out to the conusee upon that account and I believe in this very case
case Hardesty against Goodenough the court may award restitution after  certiorari in forcible entry be file unless the defendant plead three year  quiet possession a inquisition of a forcible entry be remove hither by  certiorari at the suit of the defendant page move for a procedendo before fill  it upon a suggestion that the defendant bad get possession of a house in which  there be great store of perishable good and that now he will by this mean keep  it until the good will be all spoil per curian we may award restitution  immediate though we file it if the defendant do not plead three year quiet  possession immediate before the force and that his estate yet continue accord  to the statute of Elizabeth c and per curian the party ought to be ready with  their plea in such a case as this for one may justify a forcible entry if be  be three year in quiet possession immediate before and his estate still  continue
case harding against fern a justification under a be made fa be bad if it  appear that more be levy than be warrant by the writ assault battery and  imprisonment until the plaintiff have pay eleven pound ten shilling the  defendant plead and justify by reason of a execution and a modern er p warrant  thereupon for eleven pound and do not mention the ten shilling and upon  demurrer for this cause judgement be give for the plaintiff upon the first  open because it appear the defendant take more than be warrant by the  execution
case harding against SALKILL administrator and not executor plead in bar ill S  c salk S c comb S c skin S c holt debt against the defendant as executor to  one m the defendant plead that m die intestate and administration be grant to  he the plaintiff demurrer and it be say to be a good plea for if he be  administrator he be not Chargeable as executor or e turning and so be dyer b  say non allocatur for that case be not law and rather a evidence to charge the  defendant than discharge this may have be well plead in abatement but it be no  plea in bar and by holt chief justice if a action be bring against a  administrator by the name of executor and judgement against he and afterward  another action be bring by the name of administrator he may plead the former  judgement in bar ultra quid c and judgement be give for the plaintiff modern  report er p
case harding against shearman venue action of trover at Paxton in the county  of Huntingdon the defendant plead a bargain and sale at Royston in the county  of Hertford in the market there whereby he after convert themat Paxton in the  county of Huntingdon the plaintiff say that he be possess of those good at  Paxton in the county of Huntingdon and that I Sherman there steal they from he  and by covin betwixt he and the defendant at Paxton in the county of  Huntingdon he soId they to the defendant as he have plead the issue be upon  the sale make by covin c and it be try in the county of Hertford and find for  the plaintiff it be move to be a mistrial for it ought to have be by a jury of  the county of Hertford or at leastwise by a jury of both county and of that  opinion be gawdy but the other justice croak Elizabeth contra for the sale be  confess and the issue be upon the covin which be well try by a jury of the  county of Hertford where it be allege and it be afterward adjudge accord a
case Hardingham versus Nicholls march to a bill for possession a purchase for  a valuable consideration be plead and that the money be good de secure to be  pay be only secure may never be pay and the plea therefore overrule a bill be  bring to be let into the possession of a estate the defendant plead a purchase  for a valuable consideration and that the money be pay or be good fide secure  to be pay the fact be that the consideration money be never pay but only  secure to be pay Lord chancellor the defendant have not pay the money yet and  therefore as he have notice now of the plaintiff title the money he have only  secure to be pay may never be pay and consequent the plea must be overrule  vide Fitzgerald v Burk atk story v Lord Windsor atk
case hardman executor of Agnes hardman against John hardman Hilary term  Elizabeth roll see TFUte v Hancock c b by what word a obligation may he create  Edward pl a roll ab dyer ante more Owen yely Leon Leon Ven Mod   dig Bac Abr  debt upon a bill Obligatory for that the defendant cognovit seed here  elpromisisset to loosen eiden agneti l at any time after the Feast of saint  Bartholomew which shall he in year whenever the say a shall require it if the  say a adtune be outliving that the defendant licU see pUbs require by the say  a after the say feast videlicet such a day c have not pay it the defendant  demand oyer of the bill which be memorandum that I John hardman the young do  acknowledge myself to owe and do promise to pay to my mother Agnes hardman the  sum of l at any time after the Feast of saint Bartholomew whensoever she shall  require the same if my say mother shall he then in life for the payment  whereof I bind myself my heir executor and administrator to John hardman the  elder my father by these present c in witness c it be thereupon demurrer and  adjudge for the plaintiff and that it be a good bill to Agnes by the word in  the first part of the bill and the word which oblige he to John hardman senior  in the last part of the bill be void
case hare against george plea a award in bar to tresspass must allege the  place of submission and performance and answer the way et arms post Lut salk  trespass the defendant plead a arbitrement in bar that the defendant shall pay  to the plaintiff twenty shilling upon which the plaintiff demurrer because he  do not allege a place where the submission be Henry pl and do not allege  performance of the arbitrament and do not answer to the way arms and for these  cause it be adjudge for the plaintiff
case hare against white and his wife baron and feme trespass against husband  and wife upon general issue the husband be acquit and the wife find guilty and  it be move that the husband shall have be join only for conformity and there  be a writ in the register to that purpose b which ought to be pursue and so be  Yelv but curian contra for there be no diversity in the case of baron and feme  and where trespass be against any other two and one of they be find guilty cro  James
case HARECOURT against bishop error in the judgement per jurat instead of per  curian be not amendable post palm Bac Abr dougl term Rep error of a judgement  in the Com mon plea in a assumpsit the error assign be because the judgement  be enter quod to express grief recupere l per a swearer assess d l pro misis  per jurat hic de increment adjudicate so it be per jurat where it ought to be  jam and there per Oug eby a misprision and error but it be pray that it may he  amend for it be but a misprision of the clerk in his entry and therefore be  well amendable by the Henry c but the court hold that it be not amendable for  it be the default of the court in the judgement which never be amendable for  if it have be omit by who they be assess it have be clear ill and so it be  when it be enter to he assess by a wrong person it be not amendable no more  than where a entry be therefore capiatulr where it shall he I misericordid  which be mere the default of the clerk who enter the judgement wherefore it be  reverse a a say vide pound car c and will mary c croak Elizabeth er p
case HARFLET against butcher Trinity term James roll a covenant to repair  during the term after three month notice and to leave the premise in repair at  the end of the term be distinct clause and notice be not necessary to sustain  a action for nonrepair at the end of the term cro Elizabeth cro car covenant  for that the defendant by indenture upon a lease make to he of a house  covenant that he will from time to time during the term after three month  monition sufficient repair and at the end of the term leave it sufficient  repair to the lessor c and for not leave it sufficient repair at the end of  the term the action be bring and show in what part c the defendant demurrer  because the plaintiff do not allege that he for three month before give notice  to he of the defect c but without argument it be resolve that the declaration  be good notwithstanding that exception for the clause to leave it well repair  at the end of the term be distinct by itself and do not depend upon the former  clause for he ought to leave it sufficient repair without notice at his peril  and the notice within three month refer only to the reparation within the term  whereto he be not tie without notice three month before wherefore it be  adjudge for the plaintiff
case harford against grey that which come after the scilicet in plead be but  conveyance cro James more replevin the plaintiff in bar to the avowry make  title to a hundred that the abbot of Abington be seize in fee and plead the  Henry c of monastery and that the abbot surrender to king Henry the eight and  that postea scilicet Henry king Henry the eight die seize and it descend to  king Edward the six and from he to queen mary and from her to queen Elizaheth  who now be who grant it to Lord Norris who let to the plaintiff upon this bar  a demurrer be join and now exception take because it can be that the abbot  shall surrender in Henry whereas it be plead the king die in Henry but it be  thereto answer by Tanfield that it be but a mistake of the clerk and may he  well amend for it appear that it can he that king Henry the eight die in the  eightandtwentieth year of his reign where a Act of parliament be plead in  Henry and a surrender in Henry wherefore that which come after the postea  videlicet Henry be vain and void and may he well strike out and yet the sense  remain perfect enough videlicet quod postea he die seize and in proof hereof  he rely upon Henry pl Henry pl pound Henry pl and of that opinion be all the  court because it be not much material but matter of conveyance only say  adjournatur
case HARGILL against hunt the court will not grant a prohibition after  sentence if the inferior court have jurisdiction over the cause Mr Kettleby to  show cause why no prohibition shall be grant for call whore in London that the  libel for prohibition be after sentence in the spiritual court Pratt chief  justice the ecclesiastical court have a original jurisdiction in this case and  to take that away there must be show a special custom after sentence we can  intend nothing but what appear and though it be the custom of the city to  punish whore we can no more take judicial notice of it than of all other  modern report custom the reason why a prohibition be grant without a affidavit  of the custom before sentence be that it be common and not controvert it be  not sufficient that before sentence you do not admit of the jurisdiction but  you must deny it powys justice the same Eyre justice it be like a libel for  tithe we must have a affidavit of the modus we can take judicial notice of the  custom though it be every day admit in this court if it be find by verdict and  so on record in this court it conclude only the party to that record and as to  other it must come on again proper as before fortescue justice the difference  be when there be no jurisdiction you be never too late for a prohibition but  where there be a matter triable you must apply before sentence here be a  jurisdiction and the custom be a fact triable of which we can take judicial  notice per curian discharge the rule
case HARGREAVE against Arden Trinity term Elizabeth roll variance in the name  of the plaintiff in replevin be not material after the cause be remove ante  sand Cowp term Rep error of a iudament in the common plea in a replevin upon  a  nonsuit the error assign vessel because that the plaint in the county and  the to think over whereby it be remove be inter Arden Hargreave but the  declaration and all the proceed and judgement be inter ardern Hargreave and  for this variance the error be assign for that proceed be without warrant and  without original upon the matter but it be hold by the justice absent Popfiam  that this variance be not material for non refert what the plaint be in the  county for it be determine when the record be once remove and the party  declare in banc wherefore without any great argument the judgement be affirm  vide Henry pl Edward pl
case HARLESTONS case Helius to seek after may he award notwithstanding Edward  c keb Mod Mod Mod Cartbj I vent salk strange hawk p c Bac ab it be find before  the coroner super look substantial object that Harleston fall into a marlepit  fortuith and so die by the procurement of the queen almoner a commission issue  out of the crown office in nature of a melius to seek after and be award to  the sheriff to inquire of his death and of what good and chattel he be possess  at the time of his death and it be find before the sheriff that he be felon de  see c it be move that this writ or commission be not well award but utter oid  for the Edward c be express that no such commission shall he grant and that  the sheriff shall not take indictment by writ or commission and f n b pound  agree therewith but I have the clerk inform that they have diverse precedent  since that statute of such commission award
case Harlow against wright a plea to debt on bind for the enjoyment of land  that post obligation until the day of the bill the plaintiff enjoy be good  though it be not say always post ante   Plowd and the defendant need not say  that the plaintiff enjoy accord to the word of the condition judgement suspend  to give the plaintiff a opportunity to discontinue cro James debt upon a  obligation condition that if the obligee his executor and assign from the time  of the obligation may enjoy such land by virtue of such a lease make unto he  by the obligor that then c the defendant plead that post obligation until the  day of the bill the plaintiff have enjoy that land upon this plea the  plaintiff demurrer the first exception be because the defendant do not say a  die destroying scribe obligatorii et always post destroying scribe obligatorii  for it may be the plaintiff enjoy it post destroying scribe obligatorii but  non always post  Sed non allocatur for a bar be good to a common intent and it  shall be take that he always enjoy it unless the contrary be show which must  come on the plaintiff part a second exception be because the defendant do not  plead that the plaintiff and his assign enjoy it accord to the word of the  condition and it be say that the plaintiff have in truth make a assignment say  non allocatur for it shall not be intend the plaintiff have make a assignment  unless be himself show it and it ought to be show on his part whereupon rule  be give that judgement shall be enter for the defendant but it be move to have  the plaintiff discontinue his suit for otherwise he shall be bar of his debt  whereas he have good cause of action so the court adjourn it until the next  term that in the interim he may discontinue croak car er p
case HARMANSCASE in covenant qubd reparavi general be good after verdict  covenant the breach assign be that the defendant do not repair he plead  general qubd reparavi et de hoc to put down see super native land this be hold  good after a verdict
case Harper against davis on new trial the record must be of the term the plea  be enter S c Carth S c ld ray assumpsit the plea be enter in easter term the  memorandum be of a bill enter in Hilary term on issue join it be try by nisi  prius and the verdict be set aside and a new trial grant and try this term in  London in the new nisi prius roll the placita be of this term and that the  party appear and plead this term and verdict thereon and now judgement be  arrest because the issue on the plearoll be of easter term and the new trial  be but a continuance of the same cause and so the record of nisi prius differ  from the plearoll and so adjudge in the case of Dubarteen v chancellor a
case harpool against miller Hilary term Elizabeth roll queen if a attorney at  large can claim privilege on be sue in king bench Edward vent hob ld ray stram  will dougl queen if it be not maintenance for a attorney to agree to save his  client harmless from cost freeman error bring and assign for that a action  upon the case upon a assumpsit bring against harpool by bill be a attorney in  the queen bench and not in custodian mareschalli he be a attorney at large and  not any of the clerk of that court for such a attorney be not upon record  there and can sue nor he sue there and diverse precedent be show that where  they be sue or do sue by privilege it be as clerk of the chief preignotary or  other clerk of other office and not otherwise and for that vide I Henry pl and  it be say that this be not any matter concern the jurisdiction of the court  and diverse of the justice hold it to he error the second error assign be  because the plaintiff declare in a assumpsit whereas there be a suit in the  starchamber between one Coldwel and the say miller the plaintiff wherein  harpool be solicitor for he that harpool the defendant in consideration of a  quart of wine assume to save he harmless from all cost and charge which shall  he award against he in the say suit and allege begin that the say cause be  afterward dismiss and that cost be then adjudge against miller the plaintiff  and that thereupon a subpoena be award to pay these cost which he have pay c  it be move that this be a void consideration for it be maintenance and  therefore unlawful and of this opinion be Walinsley and some other of the  justice but Anderson and periam hold that it be not any maintenance for he do  not assume to expend the cost in suit but to save he harmless from those which  shall he award after that they he award which may he lawful wherefore c but  the cause be afterward compound in regard the privilege of the queen bench  shall not be draw in question
case harrington against Garraway easter term James roll if a first conusee  take a lease of the reversion his extent be suspend during the term and  although he assign the lease a second conusee may extend the land post roll  Abr roll Abr hob vent dyer   b skin debt for rend upon a lease for year the  case be sir William Cokeyn conusee of a statute take a lease for year of the  reversion and rend reserve upon the lease for year the lessee attorns the  conusee assign over this lease for year afterward Harrington be conusee of the  puisny croak throw statute extend this reversion and rend and afterward sir  William Cokeyn by virtue of the elder statute extend this reversion and rend  and the question be which of they shall have the rend it be adjudge without  much argument that the first conusee by acceptance of the reversion and rend  and assign it over the extent be thereby suspend during that term and the  second conusee may well extend it against he a
case harris against crying Euhan lease to hold for one year and so for two or  three year or such term as the party shall think fit hold a lease for one year  only without subsequent agreement S g Wilson in the exchequer Nov bill by  plaintiff against defendant for a account of rend c a question arise what  interest the plaintiff have under a lease make to he by defendant to hold from  Michaelmas day for one whole year and so for two or three year or any such  further term of year as the say n Evans and r h shall think fit and agree on  yield and pay for the say one year and from thence yearly and every year  during such term or term as shall be hereafter grant pound per annum the court  stop the defendant counsel of which I be one and declare their opinion to be  clear that it be a lease but for one year only without a subsequent agreement  and if it have be doubtful on the word of the habendum those under the  reservation full explain they the editor be unable to meet with any entry of  this case in the record book of the court of exchequer in Wilson report vol p  there be the follow short note of the case per cur a lease to hold to b Harris  from Michaelmas for one year and so for two or three year or any further term  of year as the say n Evans and r Harris shall think fit and agree from and  after the expiration of the say term of one ear be a lease for two year and  after every subsequent year begin be not determinable till that be end like  salk the report in Wilson differ from that in the text but it will be observe  Mr ambler state that he be one of the counsel in the cause and his report be  therefore most likely to be the correct one see den v Cartright east in which  case it be lie down by Lord Ellenborough that a demise for a year and so on  from year to year must enure as a tenure for at least two yearsand see  Bellasis v Burbrich salk and leg v Shadwick ib see Bulstr part p
case harris against Dixon word actionable ante post cro car Com dig see same  case contra Yelv roll ab see also Walmsley v Russell Mod where it be cite both  way Bac Abr Bac ab action for these word thou have procure one smith to come  thirty mile to commit perjury before my Lord of Winchester and have give he  ten pound for that purpose after verdict it be move in arrest of judgement  that a action lie not for these word because it be not allege that he commit  perjury nor that the bishop of Winchester be such a person before who perjury  may be commit nor that it be in any court say non allocatur for it be a great  imputation and shall be intend in the worst part wherefore it be adjudge for  the plaintiff
case harris against roberts to say to a heir that he have none of the blood of  his ancestor be not actionable for it do not import bastardy case for  scandalous word speak intentional to disinherit the plaintiff c you be no  Harris and have none of the blood of the Harris in you the judgement be arrest  as in roll Abr for the court think the word not actionable for they may be  mean as to courage humour or good nature and do not of themselves import he a  bastard a judgement stay a   b car in the king bench lev side keb c in the  report of SC Jones it be make a quaere whether any judgement be give in this  case in the case of Benson v French the court give judgement for plaintiff  because the promise though make to the bailiff be make on the plaintiff part  and his assent thereto appear by his bring the action the promise be intend to  have be a undertake give to he lev but in the principal case it appear that  the bind be give to the sheriff by the defendant to permit a prisoner then in  his custody on mesne process to go at large for six day SC Jones which not be  pursuant to the direction of Henry c be void more sand the different  circumstance of these case create a distinction upon this subject which be  recognize and settle in the case of Roger v beef mich term Geo where it be  hold that any agreement or bind not warrant by the Henry c make or give to the  bailiff of the sheriff in consideration of his discharge the party arrest be  void but that the undertake of a attorney for the appearance of the defendant  be good because it be give to the plaintiff in the action and not to the  sheriff and therefore not within the statute term Rep a the case refer to in  roll Abr say that to call a man who have land by descent a bastard be  actionable but that to say of such a man that he be base bear be not  actionable because these word take in mild sensum do not import that he be a  bastard shower KB er p
case Harris case if a husband die leave his wife his executrix and she die  before probate administration of the husband effect must be to the next of kin  of the husband and not the next of kin of the wife Hopkins sergeant move for a  prohibition the case be a man make a will and appoint his wife to be executrix  and devise a shilling to his daughter for a legacy and die the executrix  before probate of the will die also intestate the question be whether the good  shall be distribute by the car c for settle intestates estate among the next  of kin to the executrix or to the next of kin to the testator her husband  since she die before probate her husband in judgement of law die also  intestate this case seem to be out of the statute the husband have make a will  and the Act intermeddle only where no will be make the court deliver no  judgement in it but seem to incline that the statute do extend to this very  case and that administration must be commit to the next of kin of the husband  but if there shall be no distribution it must then be accord to the will of  the testator
case Harris case indictment quash for want of addition post cro James hawk he  be indict upon the Henry c the indictment be remove by certiorari and because  the indictment be that he make entry with force and do not allege of what will  or county the party be the indictment be abate for process of outlawry lie  upon it
case Harris case the omission of the similiter in the entry of the general  issue on a indictment for a nuisance may be amend at any time ante post roll  cro car hawk Com dig say vide stram Mod Cowp dougl to Rep this be a indictment  against Harris and other for erect a nuisance upon the river at Barnstable the  defendant plead not guilty and it be find against a so where a daughter be in  such a situation in her father family as to be consider his servant this  action will lie for debauch per quod slavery to send away see ld ray will burr  term Rep croak James er p he the record be bring here by certiorari and on  examination there be not any issue join for where the entry upon the issue not  guilty plead shall have be by the clerk of assize who ought to have join the  issue it be omit so the verdict be without issue which be move in court they  order that it shall be amend for it be but matter of course and by intendment  be then omit in the entry by default of the clerk and although it be diverse  year since and in the time of another clerk of assize who be now remove yet it  be order that the clerk of assize who then be shall mend it which be do and it  be amend and these word et Richard warer who be then clerk of the assize who  pro lord ring sequitur similiter c a be by order of the court interline for it  be say that if such fault shall not be amend many of the trial upon indictment  and peradventure in case of felony will be overthrow
case harris versus lee at the roll pre Charles Eq can ab pl baron give fame  the foul distemper a lend the wife pound to pay the doctor for her cure baron  devise land for the payment of his debt this pound be a debt of the husband  and a be a creditor in the doctor place J S bad give his wife the foul  distemper twice upon which the wife leave her husband and come to town to be  cure borrow pound of the plaintiff to pay doctor and surgeon and for necessary  peer William afterward I S devise some land for the payment of all his debt  and die the plaintiff bring his bill against the trustee who be empower by the  will to sell t land for the payment of debt in order to be pay this money as a  debt within the trust object a wife can by law borrow money nor contract a  debt by borrow money even though such money be afterward apply for necessary  because it be in her power to waste the money I salk and if the law be so it  will be hard to have a different rule of property in equity say per cur admit  the wife can at law borrow money though for necessary so as to bind the  husband yet this money be apply to the use of the wife for her cure and for  necessary the plaintiff that lend this money must in equity stand in the place  vide Marlow v pitfield post of the person who find and provide such necessary  for the wife and therefore as such person will be creditor of the husband so  the plaintiff shall stand in their place and be a creditor also and lot the  trustee pay he his money and likewise his cost peer William er p
case harris versus mitchell Feb Eq can ab c pl S c arbitrator if they can not  agree be to choose a umpire they make no award and not agree about the person  to be umpire they throw cross and pile who shall name he the umpire choose by  lot make his award the court set aside the award for that reason in the  submission it be provide if the arbitrator do not make their award within the  time limit they shall choose a three person umpire who umpirage shall be final  the two arbitrator do not make their award within the time limit and not agree  who shall be umpire the one propose chaplin and the other name Ramsey they  agree to throw cross and pile who shall have the name of the umpire or who man  shall stand and by lot Ramsey be to be the umpire and the arbitrator accord  endorse on the back of the bind that they have Vernon chancery case appoint  Ramsey to be umpire who summon both party and they attend he and he afterward  make his umpirage the bill be to set aside the award and among other thing  assign for cause that the umpire be not duly choose accord to the intent of  the submission but by lot as aforesaid and the master of the roll before who  the cause be hear though that a sufficient cause to set aside the award a  election or choice be a act that depend on the will and understanding but the  arbitrator follow neither in this case and it be a distrust of God providence  to leave matter to chance f or the case on the doctrine of award vide note  brown v brown ante vol p Vernon chancery case er p
case Harrison against cage and his wife refer to Finlay v Chirney Q b d  assumpsit by a man against a woman in consideration that he have promise to  marry her she promise to marry he S c Mod S c salk S Carth S c holt S c ld ray  S c ray Ent action upon the case for that in consideration he promise to marry  the wife dumb sola she promise to marry he that be frequent offer himself to  her to marry her but that she have not marry he but marry the defendant on not  guilty and verdict for the plaintiff it be move in arrest of judgement that  there be no consideration for though a action will lie for a woman against a  man for nonperformance of his promise to marry her yet such a action will not  lie for a man against a woman say tola cur contra because if the woman promise  do not bind her neither can the man bind he because otherwise there will be no  consideration for the man promise and a promise without a consideration be  void but where there be a promise against a promise one promise be the  consideration of the other because each may have his action against the other  for nonperformance whereupon the plaintiff have judgement and in this case  holt chief justice hold that if a man make such a promise be incapable to  perform by reason of consanguinity c it will be there a void promise whereof  she may discharge herself by give special matter in evidence on non assumpsit  a
case Harrison against hayward easter term will mary roll on a promise to  assign upon request the defendant can plead that he be ready to assign after  the promise make Mod Mod Mod ld ray ld ray stram a agreement be make to assign  a stock upon request and for nonperformance a action be now bring set forth  the agreement and that the plaintiff do request the defendant at such a time c  the defendant plead that he be ready to assign the stock after the promise  make e and a demurrer it be rule if the thing be not to be do upon request  then the defendant be bind to do it in a convenient time after the promise but  it be to be do upon request the time when the plaintiff will require the  performance of the agreement be the time when the defendant must do it  judgement for the plaintiff modern er p
case Harrison against nowel judgement reverse for misentry of the verdict see  ante and the case there cite error of a judgement in Doncaster the first eror  assign be for that in this assumpsit the jury find for the plaintiff and  assess damage occasion adoption whereas it ought to have be occasion non  performationis adoption second because in the judgement it be omit that the  defendant sit in pity and for both cause Fenner be only there hold that the  judgement be erroneous and it be reverse
case harrison case to disturb court of justice by threaten or reproachful word  to any judge sit therein be a high misprision for which the offender may be  indict fine expose and imprison ante S C Hutton side cro car Poph hawk p c Bl  Com Thomas Harrison be indict for that on the may car while the court of  common plea king bench and chancery be sit he rush to the bar of the common  plea and in disturbance of the justice and of the court and administration  croak car of justice and against the king and his regal majesty openly et  publice et wickedly intend to draw justice Hutton one of the justice of the  common plea into displeasure of the king and of other his subject and to bring  he into danger of his life and forfeiture of his life and good speak these  word of he the say justice Hutton in the presence and audience of the justice  there sit I accuse Mr justice Hutton of high treason the defendant plead not  guilty and by a jury of knight and esquire be find guilty he confess a that be  speak those word purposely and open because judge Hutton in his argument in  the exchequerchamber maintain that the king may not charge his subject to find  ship and that therein he deny his supremacy and by this mean he stir up the  subject to sedition against the king the judgement be that he shall pay a fine  to the king of five thousand pound be imprison during the king pleasure have a  paper upon his head show his offence and go therewith to all the court of  Westminster and make his submission in every court in westminsterhall and in  the exchequer for it be a offence to every court b Keeling clerk of the crown  inform the court that imprisonment during the king pleasure be usual enter and  not imprisonment during life except where there be a award of forfeiture of  land during life a judgement be give for the defendant post a   b fort b Mr  justice Hutton bring a action against he in the king bench for defamation and  recover l damage hut Rep croak car er p
case Harrison versus forth Eq Abr pl S c wms atk atk a sell to b who have  notice of a encumbrance on the estate b sell to c who have no notice and he to  d who have notice whether this revive the first notice to b the master of the  roll be of opinion in this case that if a purchase a estate with notice of a  encumbrance or that it be redeemable and then sell it to b who have no notice  who afterward sell it to c who have notice that by this the first notice to a  the first purchaser be thereby revive and that c the last purchaser shall be  liable to the encumbrance or redemption as if it have never be in the hand of  one who have no notice afterward on appeal to my Lord keeper it be urge that  in such case a innocent purchaser without notice may be force to keep his  estate and can sell it and shall be Accountable for all the profit receive ab  beginning his lordship hold that though a and c have notice yet if b have no  notice the plaintiff can not be relieve against the defendant c and order c to  be examine on interrogatory if he ever see the conveyance from the plaintiff  to her sister and then to be try if the defendant c pay any and what  consideration for the say land and if b have notice at the precedent in  chancery time of his purchase that it be redeemable for if he have not the  plaintiff can not be relieve though a and c have notice
case harrold against clotworthy easter term James roll if a plaintiff take the  money pay into court he can proceed for damage Mod salk ld ray ld ray term Rep  term Rep debt upon a obligation condition for the payment of a less sum the  defendant plead tender all jour et tout temps priest the plaintiff receive the  principal sum in court and judgement be give to acquit the defendant of the  sum receive the plaintiff in order to have damage allege a demand of the money  from the defendant and it be thereupon demurrer and adjudge for the defendant  for if the plaintiff will have damage he ought not to have receive the money  but to stiff it to remain in court for after judgement quod eat ind without  die no issue shall be take by and Ann c in a action on a penal bind if the  defendant at any time pen the action bring into court the principal and  interest due upon it and all the cost in law and equity which have be incur  the court may discharge the defendant from the bind but see the case Lonsdale  v church term Rep
case harrow case a declaration in prohibition variant from the suggestion be  bad cattle shall not pay tithe for agistment in the parish where the owner  reside libel in the spiritual court for substraction of tithe for agistment of  cattle they plead below that they be inhabitant of that parish and the other  tithe be better for the agistment of cattle there and this matter they also  suggest for a prohibition but in their declaration upon a prohibition they  allege they be occupier modern per curian the declaration ought not to vary  from the suggestion and if you do not declare pursuant to suggestion a  consultation ought to go for if you discontinue your prohibition it shall go  of course and the reason why agisted cattle shall not pay tithe be because the  other tithe of the same parish be the better for the agistment there holt  chief justice if you have a house in one parish and live there you must not  pay agistment for dry cattle there but if you be not a housekeeper there you  must pay tithe for agistment and if there be cattle of the blow agisted ill  another parish they must pay tithe there where they agist because they be not  cattle of blow there the court give they leave to discontinue upon pay cost  and to pray another prohibition modern er p
case hartop against holt error will not lie in the exchequerchamber on to know  facias to execute a judgement which have be affirm in the exchequerchamber S c  salk S c Mod S c comb S c Mod S c ld ray S c ray Ent judgement be give in debt  in this court and affirm in a writ of error in the exchequerchamber and send  back hither then go out a to know facias why execution shall not be award on  the judgement and thereupon execution be award and afterward holt bring a writ  of error lamb in reddition judgment how in act of assignment performance  returnable in the exchequerchamber notwithstanding which the plaintiff take  out execution the question be whether this writ of error be a supersedeas holt  chief justice it be plain that no writ of error in this manner lie on the  first judgement and if such a one be take out it be no supersedeas because one  have be bring already on the first judgement and they have affirm it whereby  they execute their authority and have no power to examine their own judgement  so that suppose this writ of error to lie on the to know facias yet it will  not lie on the principal judgement or be any supersedeas thereunto but then  suppose it to lie on the to know facias alone whether it will be good for that  part and modern report void for the rest so the whole question be whether a  writ of error lie upon a award of execution in a to know facias ground upon a  judgement in the exchequerchamber I think this writ of eror will not lie and  be no supersedeas because it be neither within the letter nor meaning of the  Act be for a matter arise since the first judgement and nothing relate to the  merit of that wherefore the court assent that no writ of error lie on this to  know facias and that execution be well take out notam difference vent
case HARTOPPS case Trinity term Elizabeth in the court of ware the heir of a  devisee in tail who die in the lifetime of the devisor can take under the will  for the estate never vest in the ancestor post raym Leon   lev Jones pollex  Swinb stram Elizaheth Hartopp devise laud to Denham and three other in fee to  the use of Thomas Hartopp her brother and the heir male of his body and for  default of such issue to the heir female of his body with other remainder over  Thomas die have issue a daughter his wife enseint with a son which be  afterward bear and afterward Elizaheth Hartopp die the question be if the son  or daughter or neither of they shall have the land and upon argument it be  rule by Wra that and Anderson chief justice Kingsmill and morris surveyor and  attorney of this court of ware that neither of they shall have the land for it  be devise to the use of Thomas ut above and he dvinz before the devisor this  can vest in the heir for it never vest in the ancestor for the word heir be  not to give the immediate estate but by way of limitation and if this shall  vest in the heir it shall vest in he as a purchaser which be not the intent of  the devisor and so shall he void and they conceive the case do not differ from  bret and Rigdins case a but because the office be not full find they will not  resolve it but a melius inquirandum be award croak Elizabeth MICHAELYAs Upm  and Elizabeth in the queen hench sir Christopher Wray Knt chief justice sir  Francis gawdy Knt John Clench Esq Edward Fenner Esq justice sir John Popham  Knt attorneygeneral sir Thomas Egerton Knt solicitor general
case hartup against WARDLOVE Indebitatus assumpsit will not lie to recover  money deposit for a special purpose if the money have be lie out on a trial  hold by Jones justice that a indebitatus assumpsit lie not against a man where  he have receive money of the plaintiff to lie out to a particular use and he  have lie out part thereof accord for then he ought to be call to account for  the same by action of account but if none be lie out there a indebitatus  assumpsit lie to recover back the money again so if it be expend to another  purpose for there the sum be certain and may be demand as a debt a this be at  guildhall in my Lord sander absence by sickness shower KB trinity term the  thirtyfifth of Charles the second in the king bench sir Edmund sander Knt  chief justice sir Thomas Jones Knt sir Thomas Raymond Knt sir Francis Wythens  Knt justice sir Robert sawyer Knt attorney general Heanage finch Esq solicitor  general
case harvey against broad if a writ be return as execute on the fourteenth of  June last pass it shall refer to the day and not to the year S c post S c salk  S c holt judgement be give by default in the commonplea and a writ of error of  it there upon the general error assign it be show that the writ of inquiry be  returnable tres the number three which in fact happen to be Sunday the  fourteenth of June the writ be return execute the fourteenth of June ult past  which must be a year before per curian a writ of inquiry may be execute on the  day on which it be returnable and the ult past be but a mistake the return be  make after the fourteenth day and the ult past be intend to go to the day and  not to the year and therefore you may amend it in commonplea but what be fatal  be that tres the number three be the Sunday and right essoinday of the term  and though the essoins be keep on Monday yet a writ returnable tres the number  three when that fall on a Sunday though the return be keep on the next day can  be execute on the next day and therefore the judgement be reverse nisi see the  case of Davy v slater post swan v brown burr Bl Rep a
case harvey against broad if a writ can be legal execute on the day of its  return it shall not be execute the next day S c ante S c post S c salk S c  holt Writ of enquiry be returnable tres the number three which happen to be on  a Sunday so that the essoins be keep on the Monday the writ be return to have  be execute the fourteenth of June which be the day after the return Viz Monday  per totan curian without doubt a writ may be execute on the day of its return  yet if that day be such a day as it can be legal do on they modern shall not  do it the next day the calendar be law of which we as judge must take notice  such a fault may be assign for error over as far as at the bar the distinction  in the book that we ought to take notice of immovable but not of movable feast  be vain for we know neither one nor the other but by the almanac and we be to  take notice of the course of the moon see ante post Leon a but at the  importunity of hall sergeant they give time to speak to it upon this point  videlicet whether it not be assign on record but only over as far as the court  be bind to take notice of it the court be of opinion that they be bind to take  notice of it though not assign for error on the record S c post see also Com  dig Temps b b
case harvey against chamberlain in a action for say you son have murder my  child a colloquium of the plaintiff must be show aver that he be the only son  of his father ante cro car hob Cowp action for these word speak to the father  of the plaintiff you son innuendo the plaintiff have murder my child after  verdict it be move in arrest of judgement that the word be not actionable  because it be not show that they be in communication of the plaintiff nor do  he aver that the plaintiff be the only son of his father for if he have more  son non constat of which of his son it be speak and every one of they may have  a action as well as the plaintiff and neither the innuendo the plaintiff nor  the averment that he speak they of the plaintiff will serve for it be but a  general allegation of word which do not import any slander to the plaintiff  but if it have be speak to the son you father have murder c it have be good  enough for there can be but one father so if it have be speak to a servant or  wife you husband and master c it have be good for the same reason and of that  opinion be the whole court wherefore absent lea chief justice judgement be  give for the defendant
case harvey against Newlyn Trinity term Elizabeth roll the vendee of a manor  may discharge any person appoint to a office without fee therein by the vendor  action upon the case whereas sir James Allington be seize in fee of the manor  of milbourn and of another manor and grant to the plaintiff by deed to he his  bailiff of the say manor for his life and that the defendant have disturhed he  in the say office videlicet in his collect of rend videlicet of the rend of I  and d c the defendant confess the seize of sir James Allin gton and his grant  to the plaintiff but that afterward he sell the say manor to I S who appoint  the defendant to he bailiff there whereupon he collect the rend c it be  thereupon demurrer and all the court be of opinion that the purchaser of the  manor may discharge the plaintiff and revoke that grant although it be for  life because he show not that there be any fee grant for the execution thereof  nor that he have any other profit by exercise of it for without profit it be  but a office of trouble and then the plaintiff have not any cause to complain  when he have not any loss but if he be to have have a fee or other profit in  certain for execute thereof it have be otherwise wherefore it be adjudge for  the defendant
case harvey against the hundred OF Chelmsford if a juror be withdraw after a  tale award and a new habeas corpora be afterward take out it shall appoint the  tale to be add to the first juror c roll Abr roll Abr cro Elizabeth Mod error  of a judgement in the common plea upon the statute of hue and cry at the nisi  prius a tale de A standing round be award and two juror return and swear  afterward by consent one of the juror be withdraw and the jury discharge  afterward in banc a writ of habeas corpora be award against the first juror  and the juror return upon the tale et quod place near ten tale henden sergeant  assign and insist on this for error because there ought not to have be any  mention make of the tale at the assize for what be do there be as null here  when new proceed c for that be only by the authority give to the justice of  nisi prius but not to be regulate in banc say non allocatur for it be grant  and the juror swear it be as parcel of the record whereof the court ought to  take cognizance wherefore the judgement be affirm see and will c croak throw  michaelmas term James in the king bench sir James lea Knt chief justice sir  John Doderidge Knt sir Robert Houghton Knt sir Thomas chamberlain Knt justice  sir Thomas Coventry Knt attorney general sir Robert heath Knt solicitor  general
case harvey against thomas Michaelmas term Elizabeth roll a husband seize in  right of his wife make a parole lease and they afterward levy a flne and die  the conusee may avoid the lease ante roll Abr   b Leon the case be Harrison  and his wife sell the land of the feme by deed indent but be not enrol within  the six month and afterward the baron alone make a lease by parole and then  the baron and feme levy a fine to the bargainee and die the question be if the  conusee of a fine shall avoid this lease and it be adjudge he shall for be  make by the baron only it be void against the feme and no acceptance can make  it good and as it shall he void to the feme so to the conusee so of a  rentcharge grant by the baron or a recognizance by he and so it be resolve in  Lord Hountjoys case Elizabeth that the recognizance of the baron shall not  bind the conusee of a fine and the conusee be in by the feme and the baron  join only for conformity vide   b
case harvey against williams Hilary term will roll bankruptcy of the plaintiff  can be plead to a indebitatus assumpsit S c ld ray in indebitatus assumpsit  the defendant plead quid ante display bill the plaintiff become a bankrupt  whereby he become unable to discharge the defendant because the say money from  such time as be become a bankrupt be due to such creditor as shall sue out a  commission on demurrer judgement for the plaintiff for this be no plea d Jones  a it be say that by the consent of holt chief justice this case be argue  before all the justice of the common plea and baron of the exchequer at  sergeant inn and they be all of opinion for the plaintiff that the action well  lie S c ld ray modern report er p
case harvey against wrath in dower against a infant the parole shall not  demurrer ante post cro James more rownl error upon a judgement in dower error  assign be that the tenant be ad infant and the judgement be b that default V  Edward Edward edward saver default where a infant shall he compel t save his  default it be move here that inasmuch as in a writ of dower the parole shall  not demurrer for he S nonage that the infant shall he compel to save his  default and so it be cite to he adjudge in plant case Elizabeth say  adjournatur
case harvey against write Hilary term Elizabeth roll in dower judgement by  default against a infant be not error ante mouth James more Brownl Leon Bac ab  error of a judgement in dower for that the judgement be against he by default  before any appearance whereas he be a infant and it be thereupon demurrer the  court hold it to he no error for if infant will never appear there will never  he any recovery in dower and Popham say that the great part of the justice in  sergeantsinn be of his opinion gawdy be absent et adjournatur it be afterward  move again in Hilary term Eliz and rule be give to affirm the judgement but it  be afterward reverse for the defect of warrant of attorney a dyer b b dyer b a  it be agree by three justice that the action well lie and therefore judgement  be enter for the plaintiffpost croak Elizabeth er p
case harvey OF comb case commitment for high treason general good first a  commitment for treason general without express the species of treason be good  for the process be the same in one sort of treason as in another second the  court of king bench have power to bail in high treason notwithstanding the  suspension of the habeas corpus Act and in Lord Montgomery case upon a  affidavit make that the prisoner be in such a ill state of health that long  confinement will bring his life in danger it be do
case harvey vers stokes in c b the mistake of the name of a three person be  not aid or amendable though a misnomer of the plaintiff or defendant be this  be a action of debt on a replevin bind the defendant plead that she do  prosecute the replevin with effect and the sheriff be not damnified the  plaintiff reply that the plaint be remove by to think over to the common plea  where judgement be give for Thomas who be plaintiff in the suit and a return  adjudge prout per record and so the say Rebecca Stokes do not prosecute with  effect nevertheless the say Thomas who be plaintiff in the action do not  return the cattle and this be be ready to certify to which the defendant  demurrer and the plaintiff join and for cause of demurrer the defendant show  that the plaintiff bath not verify his replication comens er p comens this  case be argue several time and two objection make first that that be show for  cause of demurrer second that no breach of condition appear for the condition  be to prosecute with effect and if adjudge there shall be a return that she  will make return now though it be show that Rebecca do not prosecute with  effect it be not show that she do not return the cattle but only that Thomas  who be the plaintiff in the suit do not return the cattle so there be no  breach at all of the condition appear and now chief justice will give the  opinion of the court for the defendant because the plaintiff have assign no  breach and the mistake of the name of a three person be not aid or amendable  though a misnomer of the plaintiff or defendant be so bridge lev but as to the  word certify instead of verify the court hold it to be to the same purpose and  well enough comens de term sanct trin geo two in c b
case harvey versus fillip April on exception a purchaser make a objection to a  title for want of a deed which have be enrol at a public office but can not be  find a copy of it take in attest to be a true one by five witness produce in  court Lord Hardwicke of opinion this will have be sufficient even without a  attestation it have be refer to a master to see whether a good title can be  make to a purchaser the master report in favour of the title several exception  be take and among the rest that a deed of bargain and sale say to be enrol at  the chapel of the roll and which be very material to make out the title be not  to be find there a copy of this very deed take at the roll in and attest to be  a true copy by five witness be produce now in court Lord chancellor the  original have be in the hand of a private person there may have be some doubt  but where it appear to have be lodge in a public office and the copy be so  very ancient I be of opinion that it will have be sufficient even if there  have be no attestation to the copy vide Mod Medlicot v joiner and Mod the two  last section in the case of Stanion v Davis vide lady Holcroft v smith Freem
case harvey versus harvey June a devise the surplus of his personal estate to  his daughter the wife of b for her separate use and make her executrix surplus  be devise to the wife and not to trustee when it come to the wife by law ft  belong to the husband but whether equity will not interpose Mr Pocklington  have a mortgage from quince and bind from the defendant Mr Harvey and other  personal estate and by a codicil do devise to his daughter the wife Vernon  chancery case er p of Harvey the residue and surplus of his personal estate  for her sole and separate use and make her executrix she prove the will and Mr  Harvey her husband give her a note under his hand that she shall have the  benefit of the mortgage quince have by will devise the mortgage premise and  other his real estate to Mr Harvey and Mr Cowper for the payment of his debt  in this case it be admit that the wife by the note have a good right to the  mortgage but as to the surplus of the estate the Lord chancellor be of opinion  that be devise to the wife and not to trustee when it come to the wife by  Vernon chancery case law it belong to the husband what the husband have  possess by the consent of the wife there be to be no account for that as to  the mortgage the wife be entitle as well to the interest as the principal due  on the mortgage because he give a note for that and although voluntary yet it  be ground on natural justice and in performance of the will by which it be  plain the testator intend it for the separate use of the wife as far as by law  it may reserve the consideration as to the surplus of the estate whether it  belong to the husband or to the wife for her own separate use and benefit as  to this point it seem clear settle that in such case the husband will be hold  a trustee to the separate use of the wife vide p wms SC and case cite in not  there
case harward against FURBORNE cost give by a statute subsequent to the Edward  c may he recover in the king bench though under S I will will burr Cowp term  Rep debt bring here for sixteen shilling give for cost of suit in a inferior  court upon a nonsuit by the Henry c after verdict Godfrey and Houghton move in  arrest of judgement for such a petty sum action lie not in this court against  the statute of Gloucester which enact that no action shall he bring here for  any sum under forty shilling but the court hold clear that forasmuch as the  cost be give by a latter statute they be recoverable by a action of debt in  this court and they give judgement for the plaintiff
case Harwood against parrot a action will not lie for malicious indict another  for a trespass a action on the case be bring by husband and wife for malicious  indict the wife of a riot the declaration contain two count first show the  plaintiff wife be of good reputation and that the defendant to lessen it  indict her of a riot of which she be acquit the second count be the same and  that the husband be put to great charge it be hold as to the first count to be  no scandal to be guilty of trespass and the court as to the second count  incline that the husband alone ought to have bring the action for be alone can  be put to the charge but they deliver no positive opinion
case HASELIP against chaplain easter term Elizabeth roll Quxre if a avowant  shall have cost and damage for a estray I Bl Rep Com dig Bac ab burr dougl to  Rep error upon a judgement in the common plea in replevin where the defendant  avow for a estray error assign be for that the defendant have return award to  he with cost and damage whereas no cost or damage be give in this case neither  by the Henry c or Henry c for they be only in avowries for rend service custom  and damagefeasant so this be out of the statute but it be answer the statute  be to he expound that the avowant shall have cost and damage as croak  Elizabeth well in other case as in those recite for they be recite only by way  of example but the court doub take for damage be penal and shall not he take  by equity and they conceive it error but will advice a
case HASPURT against will a custom that all ship pass by a certain wharf shall  pay such a duty be a bad custom for this be toll through can be claim without  show a consideration S C vent S C side S C keb cro Elizabeth post Jones more  Mod Mod roll Abr side side Mod lev lev post lev roll Abr roll Abr will stram  burr will dougl see the case of Colton v smith Cowper and ld Pelham v  Pickersgil term Rep error on a judgement in the common plea a special action  be bring upon the custom of wharfage and craneage in the city of Norwich the  declaration set forth that they have a common wharf and a crane to it and then  they set forth a custom that all good bring down the river and pass by shall  pay such a duty Coleman object that the custom be not good for that it be  modern tollthorough which be malum tolnetum Twisden justice there be a case in  hob of a bad custom of pay the charge of a funeral though the plaintiff be a  stranger and not bury in the parish so here if they have unladen at the key  they shall have pay the whole duty nay if they have un jade at any other place  in the city there will have be some reason for it or if the declaration have  set forth that they have cleanse the river at Gravesend they claim a toll of  boat lie in the river of Thames and it be adjudge in parliament to be malum  tolnetum the judgement be reverse
case Hassall against juxon the jury need not find the ware in which trespass  be lie ante post dyer   stram Bac ab trespass for break a house in such a  parish and ware in London upon not guilty the jury find the trespass and that  the house be in the parish but not in the ware and it be hold that this  verdict be for the plaintiff for the find it be not in the ware be superfluous  it be admit by the paAies and the jury have not to meddle with it and it be  adjudge for the plaintiff a a aliter in ejectment l c b Parker ms croak  Elizabeth er p
case hasset against pain No attaint lie if the jury be incomplete ante attaint  coke show to the court that in the first venire of the petit jury one George  ellinger be return and upon the distrinaas Grezory Ellen er be return and  appear in lieu of George ellinger and be swear and try the matter so the trial  be by eleven and then no attaint lie and of this opinion be the whole court  and for this cause the attaint be stay
case HATHAWAYS case information for pretend himself to be bewitch S c saint Tr  S c saint Tr App one Hathaway a most notorious rogue feign himself bewitch and  deprive of his sight and pretend to have fast nine week together and continue  as he pretend under this evil influence he be advice in order to discover the  person suppose to have bewitch he to boil his own water in a glass bottle till  the bottle shall break and the first that come into the house after shall be  the witch and that if he scratch the body of that person till he fetch blood  it will cure he which be do and a poor old woman come by chance into the house  she be seize on as the witch and oblige to submit to be scratch till the blood  come whereupon the fellow pretend to find present ease the poor woman hereupon  be indict for witchcraft and try and acquit at Surrey assize before holt chief  justice a man of no great faith in these thing and the fellow persist in his a  Bolton v bank cro car Kinnian v Davis cro car mason v Keeling ante S c ld ray  Buxenden v sharp salk Jenkins v turner ld ray smith v Pelah stram a see barn v  Constantine cro James Bushby v Watson black Rep franklin v web Espinasse dig  pope v foster term Rep b the declaration must state special how the  prosecution terminate Lewis v Farrell stram Farrell v nun bull n p fisher v  Bristol dougl Morgan v Hugh term Rep c see knight v Jermyn cro Elizabeth pain  v Rochester cro Elizabeth Johnston and his wife v Browning Mod Savil v Robert  salk Parrott v Fishwick bull n p modern report er p wicked contrivance pretend  still to be ill and the poor woman notwithstanding the acquittal force by the  mob to suffer herself to be scratch by he and this be discover to be all  imposition a information be file against he
case Haughton against rugby a become facias execute after the defendant death  be good SC skin SC comb upon motion to set aside a execution and to have  restitution of good levy and a report of the secondary to the court it be hold  that a become facias deliver to the sheriff and execute after the defendant  death though it do bear testae before be good notwithstanding the statute car  c against fraud shower KB and perjury for that be intend only for the benefit  of purchaser and stranger and not of the party or his executor per tout Le  court sir John holt and Tremaine counsel in the motion
case haw versus hand July the father of h the plaintiff in the original cause  examine h to the merit after his father death he bring a bill of revivor and  become a party interest this do not disqualify he from be a evidence admiral  hosier in his absence employ one bishop to manage his affair and give he a  letter of attorney for that purpose after hosier death several suit be bring  against bishop who employ hand the attorney to defend he who by that mean  become possess of several paper and write belong to hosier the original bill  be bring by haw the father of the present plaintiff who be administrator to  hosier for these write and examine his son who be a material witness to the  merit of the cause pen this suit haw the father die and haw the son by this  mean become interest in hosier personal estate by be leave executor under the  will atkins er p of his father and by have take out administration de good non  to hosier and bring on this case now by bill of revivor a objection be take by  the defendant counsel to read his evidence as he be now a party interest and  Lord chancellor at first think it a proper objection because the plaintiff by  his own act of take out administration de good non to hosier have disqualify  himself from be a evidence but upon the authority of cross v Tracy vern note  one examine as a witness when disinterest afterward become entitle to the  estate in question his deposition shall be read goss v Tracy p W SC so Glyn v  bank of England Ves see Maybank v Metcalfe post vol which be in point as to  admit the evidence notwithstanding his become interest the chancellor allow  the deposition of the plaintiff to be read
case hawk against auge word be not actionable if they do not import a certain  charge ante cro car side lev action for these word thou art a witch and by  your mean I have lose my mare it be move in arrest of judgement that these  word be not actionable for the first word be too general that by her  witchcraft his mare be lost  All the court absent Montague be of that opinion  and give rule that judgement shall be enter for the defendant
case Hawkins against gardener part of a bill of exchange can be assign so as  to entitle the endorsee to a action S c salk S c Carth S c ld ray case on a  bill of exchange whereby the defendant promise to pay to r a or order four  hundred and sixty pound who endorse fortyfour pound thereof to the plaintiff  who as endorsee bring this action for the say fortyfour pound part of the say  four hundred and sixty pound the defendant plead all insufficient plea and the  plaintiff demurrer and it be hold that this personal contract be entire and  can be apportion a see king v Alresford east ld ray king v Sandwich dougl call  king v Maddern term Rep king v Cheshunt term Rep king v saint Agnes term Rep  modern report er p and multiply into several action so that if a draw a bill  of one hundred pound Payable to b or order b can assign fifty pound thereof so  as his assignee shall have a action for the same and if b himself bring a  action for part he must acknowledge satisfaction for the residue
case Hawkins against Mildmay Michaelmas term Elizabeth roll a action on the  case lie against a sheriff for return non be invention after the bailiff of a  liberty by virtue of his warrant have arrest the defendant ante Henry pl  Edward pl Henry pl Henry pl r ab pl keb Mod Cowp to Rep action upon the case  against the defendant for that upon a capias direct to he against I S he be  sheriff of Essex direct his warrant to subh a bailiff of a liberty to arrest  the say I S who arrest he accord and that the defendant well know thereof have  notwithstanding upon the day of return croak Elizabeth return a v ion be  invention and upon this count the defendant demurrer and it be resolve by the  whole court that the writ well lie for this matter and Anderson say if the  sheriff in this case have return that he have send unto the bailiff of the  liberty c who have give he answer that he have arrest the body it have be good  and the sheriff shall have be discharge and process shall have issue against  the bailiff of the liberty to bring in the body but here in the principal case  the writ abate by the death of the plaintiff before judgement
case Hawkins plaintiff tailor ux and leigh all defendant Lord chancellor June  Eq can ab pl S c after a bill bring by a second mortgagee against the first  and three mortgagee to discover encumbrance the last mortgagee may get in the  first encumbrance and protect himself against the second the defendant leigh  have a encumbrance on the land in question subsequent to the plaintiff and the  bill be against he and other encumbrancer to discover their encumbrance Wilson  who be a defendant and have the first encumbrance assign to leigh pendent  light and the question at the hear be whether the defendant leigh who have a  mortgage subsequent to the plaintiff shall help himself against the plaintiff  by buy in Wilson encumbrance that be prior to both the Lord chancellor  conceive he may lawful do so and dismiss the plaintiff bill without cost there  be mere a order of dismissal without cost Reg lib a fol vide Edmonds v Povey  ante Vol and case cite there Lord chief justice holt v mill post earl of  Bristol v Hungerford post a three mortgagee will not have this equity if at  the time he lend his money on the three mortgage he know of the second brace v  Maribro p wms and case cite in note there Vernon chancery case er p Vernon  chancery case de term S michaelis in curian porter
case Hawkins versus turner may in court Lord Macclesfield viner title simony  to Jones Hutton cro Elizabeth cro James Mod Watson vo Raymond Syd keb vern  Chan case comb Eq Abr strange and burn ecclesiastical law vezey brown Rep  cunningham law of simony though bind of resignation be not prohibit by law yet  if they be make use of to extort money from the incumbent or to turn his out  for any thing but ill behaviour or immorality equity will grant a injunction  against he in this case it be agree that a bind give to resign on request  shall not be make use of to turn out the incumbent unless for nonresidence or  some great misdemeanour nor will the ordinary accept of a resignation offer by  the incumbent without some such cause show but if the patron make use of the  bind to extort money from the incumbent without some such cause show this  court will grant a injunction and a case of one sand of Gloucestershire be  cite and also of wood and lumly before Mr justice Blencow late in the absence  of the chancellor where though the patron have take a bind to resign when his  son precedent in chancery shall be in order and qualify yet have make a ill  use of the bind some time before the court will not suffer he to proceed upon  it at law though they seem all to agree that these bind be not prohibit by the  law so far as they be make use of only to keep the incumbent to residence and  good behaviour and to discourage immorality
case hawley against Simpson in what case a tender before the day be good post    light a   a more   Bulst Yelv cro James   roll Rep Bac Abr ld raym debt upon  a obligation the condition be to pay at or before the that of Septemher next  at such a place ten pound to the obligee it be hold by the court that if the  obligor tender the money the that day of Septemher at the place and the  obligee be not there to receive it it be a void tender for the tender be to he  the last day but if the obligor meet the obligee at the place before the day  and he then tender it this be sufficient and the obligee ought to receive it
case hawley versus tailor the same day a general demurrer allow to this bill  the fact as state by the plaintiff himself be clear a question at law I the  bill state a right in the plaintiff to a quart in every four bushel of corn  bring to the market at Brentford for toll by virtue of a grant from king James  the first and that in consideration of this his ancestor build the marketplace  and he be himself at a great expense in repair it and further state that the  defendant in order to encroach atkins upon this right and prevent the corn be  pitch in the market as the grant direct in combination with several farmer in  the neighbourhood have contrive that sample of corn shall be bring to his  house and hang up there where the person who have occasion to buy may come and  deal by sample for what corn they want and insist that this be a encroachment  upon his right and defraud he of the toll and therefore have bring his bill  for a discovery of these matter the defendant demurrer to the bill for that it  be a mere question at law and the matter of fact set forth by the complainant  himself be insufficient for he to proceed upon or to oblige the defendant to  answer Lord chancellor this be a case to draw tight law and if the plaintiff  be lord of the market under a grant from the crown he may bring a action at  law vide anon Ves either the corn lodge at the defendant be liable to toll or  not liable which may be determine upon a action if the defendant stop the corn  from be bring to market it be a forestal and a indictment may be prefer  against he upon that account so that upon the circumstance of this case there  be no sort of equity which will entitle this court to interpose and consequent  the demurrer must be allow
case hay against allen in what manner a message shall he recover against a  discontinuee who have build a new house part on his own land and part on the  land discontinue SC and post burr sur who in vita of a message the party be at  issue it be find by verdict that a discontinuance be of the message the  discontinuee pull it down and erect a new house on part of the land  discontinue and part upon his own land adjoin and if upon this matter the writ  be well bring of the entire message or that it be to have be bring of such  part of the house and how the judgement shall be in this case be the question  after argument it be adjudge for the demandant that the writ be well bring by  the name of the whole message and there need not foreprise for the action be  to he bring as the land be at the time of the bring the action and there be no  other form of writ in the register but for the entire house and it be adjudge  that the demandant shall recover but the judgement be enter special that the  demandant shall recover messuagium proedict scilicet so much in length and so  much in breadth accord to what the verdict find upon the land in demand vide    en the record of this case f Henry Edward entry Henry dower pound edward brief  Henry d er f n Br notam thatMich pound Elizabeth roll a writ of error be bring  and the error be assign in the very point adjudge and after argument the  judgement be affirm
case hay versus hay march the defendant by petition apply to the court for  direction upon the master to review his report the defendant obtain a order  for the master to tax the cost of a trial in ejectment in the country in which  there be a verdict for the plaintiff the plaintiff have defend a petition for  a new trial but it be grant notwithstanding the master in tax the cost of a  former trial allow odd money to the plaintiff for his cost in oppose the  petition for a new trial he likewise allow pound for the plaintiff brief and  pound S for copy to counsel Lord Hardwicke declare he know of no rule for  allow the cost of such a motion or petition where the other side prevail but  say in this case as the plaintiff be oblige to defend the first petition for  the new trial as it be necessary the court shall grant it on term only he be  of opinion the master have do right to allow that but if the application for a  new trial have be upon clear ground and plain fact then he shall have be of  opinion the plaintiff ought not to have have his cost as to the brief he say  they may serve again upon the second trial and therefore disallow the S for  copy to counsel
case Haydon against MYNN it be no error on judgement in debt that a person  appear for the defendant as his attorney who be never admit see James c ante  peer wms will salk Com dig if matter of fact be allege against the record in  nullo be erratum be in nature of a demurrer error of a judgement in debt in  the common plea and assign whereas the defendant appear by I S his attorney  and judgement be give against he by nothing to say that the say I S be no  attorney of the common plea at the time of his appearance nor at any time  within the say term a by James c atorneys and solicitor shall give a bill of  charge subscribe with their hand and name and by Geo c shall not commence any  action for the amount of it until one month after delivery but this do not  extend to bill between one attorney and another see Com dig croak James er p  the defendant plead in nullo be erratum and because it appear that the  defendant appear by the say I S and imparle until another term so the court  admit he to be a attorney and it be against the record to say he be not a  attorney also if he be not a attorney of record before yet this admittance of  the court do implicit admit he to be a attorney in this action and he be a  good attorney in this suit wherefore this can be assign for error and although  the defendant in the common plea have bring a writ of error and it be not  demurrer upon this error assign yet it be hold that the now defendant may well  take advantage thereof and that this plea in nullo be erratum be in nature of  a demurrer wherefore the judgement be affirm
case HAYFORD a dinst andrews debt upon bind condition for payment at a certain  da plea that the plaintiff give a long day of payment be have ante Henry pl    fitzg will will   light b debt upon a obligation condition for the payment of  twenty pound at a day certain the defendant plead that before the day the  plaintiff in respect of a trespass make by his hest in the defendant land give  unto he a long ddy of payment which be not yet come and it be thereupon  demurrer and argue at the bar that in regard it be before the day the  plaintiff may well by word defer it and in proof thereof be cite assize  Richard bar Henry pl the court without argument hold it to he no plea for a  agreement by parole can dispense with a obligation but the case of Richard be  good law for there the agreement at the day to retain be as a payment and  thereby the obligation be discharge wherefore it be adjudge for the plaintiff  a
case Hayman against chope in ejectment the allowance of a writ of error shall  not stay proceed unless the party enter into a recognizance to prosecute his  writ with effect in ejectment the party ought to enter into a recognizance  himself to prosecute his writ of error with effect without which it seem the  writ of error and supersedeas shall be no stay of proceed but execution may be  sue notwithstanding by car c and so rule in the case of coal v leviston a in  this court and the case of fortescue v shower KB abbot in this case the  plaintiff in the writ of error be the tenant of the land and therefore the  tenant be suppose to be sufficient security and therefore his recognizance be  enough without bail but the practice have be otherwise that bail only have be  give and no recognizance by the party because of the inconvenience of the  party come to town Mr Tremain pray time till the next assize for the plaintiff  in the writ of error to give such recognizance before the judge and say it be  so do upon motion in the case of fortescue v abbot
case Haynes against rogers a declaration that the defendant sin felon to place  upon be sufficient certain but to prove it some act must be show case for that  the defendant tali die et loco falsely et wickedly ei sin felon to place upon  move that it be too general and uncertain and per curian no other act hold  necessary to be allege but yet word import a charge of felony will not be  proof of it there must be proof of some act judgement for the plaintiff
case Haynsworth against pretty Hilary term Elizabeth roll a devise to a old  son upon condition that if he pay not to his young son the young son shall  have the land this shall he take as a limitation and not as a condition ante  post roll more vin Abr heir W Leon Leon SC more dyer Noy Owen cro car cro  James salk carter Lutw pale yellow Dev Mod wood con stram Tils ld ray burr p  Bac Abr Bac Abr Bac Abr Powel on Dev Bl Rep trespass upon a special verdict  the case be one seize of land hold in zoccage have issue two son and a  daughter and devise to his second son and daughter a ante croak Elizabeth er p  legacy of to he pay by hill old son and devise his land to his old son in fee  upon condition that if he paidnot those legacy that his land shall he to his  second son and daughter and their heir the old son fail of payment whether the  young son and daughter shall have the land be the question after argument it  be resolve by the court clear that they shall have it for the first devise to  his son and heir in fee be no more than what the law give be void and it be  but a future devise to the second son and daughter upon the old son default of  payment the case be no other but as if one have devise that if his old son do  not pay all legacy that his land shall he to the legataries and there be no  doubt but that in default of payment the land shall vest in they gawdy and  Fenner hold that if it be a good devise to the old son yet this condition be a  limitation of his estate and shall give it to the second son and daughter upon  default of payment wherefore it be adjudge accordinglyfor the plaintiff see  this case revive post
case HAYWARTH against david a executor shall not pay cost on a action of debt  on a bind post Yelv cro Elizabeth cro car vent hut stram ld ray bunb Mod Bac  ab and the case there cite Sayers cost burr dougl a executor bring debt upon a  obligation the defendant plead non be factum and find for he the question now  be whether the plaintiff shall pay cost upon the new statute of James c which  enact that in every action where the verdict passes for the defendant the  plaintiff shall pay costs  But it be resolve that this case be not within the  intent of the statute he sue in another right and of matter which lie not in  his cognizance therefore the law never intend to give cost against he and so  it be upon the statute of Elizabeth c where cost be give in case the plaintiff  be nonsuit as it be rule in one ford case and so it be rule here and although  Mann say cost have be allow in the like case they appoint that henceforward it  shall no more be so croak James er p
case Haywood against davis and another in trespass against two one defendant  can plead a tenancy in common between the plaintiff and other defendant but if  be do a replication of sole seize traverse the tenancy in common may conclude  to the country SC salk trespass against two for take a pail of water out of  the defendant well the defendant plead in abatement that the other defendant  and plaintiff be tenant in common of the well the plaintiff reply that he be  sole seize without hoc that he be tenant in common with any and conclude to  the country Broderick modern where a without hoc take in the whole matter of  the plea there be who take a traverse may conclude to the country but where a  without hoc be upon a particular fact which do not comprehend the whole plea  there be shall not conclude to the country but aver and it be agree by all  that in the case of without tali causan one may conclude to the country holt  chief justice in trespass it be no plea in abatement for a defendant to say he  be tenant in common with the plaintiff because be may give it in evidence upon  not guilty but here the defendant who be a stranger plead tenancy in common in  the modern er p plaintiff with the other defendant and that he may well do and  where one plead tenancy in common or jointtenancy in abatement of the writ and  the plaintiff plead in support of his writ he shall conclude to the country  general for it be there a without hoe upon a special occasion to maintain his  writ and without hoc there be mere put ill for form and be no more than that  the other who be seize joint or seize in common with he have nothing there  where you traverse a special point you must conclude with a averment and not  to the country but this be not a traverse of a special point and per curian  response ultra
case head against CHALENER if the husband of a feme copyholder make a lease  not warrant by the custom he forfeit only during his own life post I roll ab  roll Rep palm   a cro car ba ab Bac ab ld ray pale yellow ten the case be a  feme copyholder take husband who let the land for more year than the custom do  warra t the question be if this he a forfeiture to bind the wife as a  condition in law?Wray if the husband deny to pay the rend or to do suit at  court these be present forfeiture which shall bind the wife for they be thing  that the lord must of necessity have but a lease be no great prejudice to the  lord and it be good to advice of it but Shurley and Tanfield say it have been  adjudge that waste be a forfeiture which shall bind the wife a a vide Geo c  croak Elizabeth er p
case head against CHALENOR a ejectment be good although the name of the lessor  be Johan and in the lease it be jane ante roll Abr cro James Ejectionefirmce  and declare upon a lease by indenture make by jane hear the jury find that the  true name of the lessor be Johan but she let the land by the name of jane and  pray the discretion of the court this be move Wray c j say the name be both  one and so it have been croak Elizabeth adjudge before this time in this place  upon conference with the grammarian that jane and Johan be one name gawdy say  the action be not ground upon the indenture but upon the lease and the  indenture be but a enforce of it and it be find she let and afterward  notwithstanding this variance it be find for the plaintiff
case head against tiler forfeiture of tenant for life of a copyhold c holt  holt chief justice if there be a copyhold estate for life remainder to b and  the tenant for life forfeit it be not such a determination as to let in the  remainder but the lord shall enjoy it during the life of tenant for life
case headle against shearman easter term Elizabeth roll or Hilary term  Elizabeth roll debt for the Triple value of tithe not set out pursuant to  Edward c lie in the temporal court post SC   Ent more   cro James Inst I Jones  more cro car will debt upon the Edward c for not set forth of tithe wherein he  declare that he be parson of Litlington in the county of Cambridge and that  the defendant be a parishioner there and have corn there grow c the tithe  whereof amount to the value of he have not set they forth wherefore he demand  the Triple value videlicet a after verdict for the plaintiff upon a nothing  dehet plead it be move in arrest of judgement that the suit for this Triple  value ought not to he bring in the commonlaw but in the spiritual court as it  ought to be for the tithe hefoi e they he set forth but Tanfield for the  plaintiff move that it may he well bring at the commonlaw and so it be rule in  the exchequer upon great advice in the time of manwood chief baron betwixt one  wood and Halton for there the information be bring by the queen only upon this  statute and the Triple value be demand and adjudge that it lie not for the  statute give it to the party grieve and not to the queen and then it be bring  by wood be the party grieve and he have judgement to recover and a precedent  in this court Hilary term Elizabeth roll WentwortA v crisp be cite where such  a action be bring and the plaintiff have judgement to recover and all the  justice be of the same opinion in this case but because it be a new case they  will advice until next term another exception be take because it appear that  the plaintiff have this a vide pound will c S croak Elizabeth er p parsonage  in right of his wife for year and so ought to have join his wife with he in  this action say non allocalur b
case headless against shearman ante easter term Elizabeth Plac husband and  wife may join in debt for the Triple value give by Edward c for tithe which  the husband have in her right ante post   Mod jenk Rep Bac ab will the case be  now move again to have the resolution of the court and they all resolve that  the action well lie upon the statute it be then move that those tithe be  personal chattel which appertain to the baron only and he have join his feme  with he in this action and therefore it be ill say non allocatur for the feme  be termor the baron be possess of they in her right and the action be give to  the proprietor or farmor c wherefore the action be well bring in both their  name and it be adjudge for the plaintiff note a writ of error be bring upon  this judgement the error be assign in the point of law and the judgement be  affirm
case heal against charter the dereliction of a child be a offence for which a  constable may justify imprison the offender in the stock ante Poph more Owen  Leon trespass for false imprisonment the defendant justify as constable of a  because the plaintiff bring a child of the age of two month and lie it in the  churchyard of a to the intent to have destroy it or to charge the parish with  the keep of it for which he do arrest he and put he in the stock for which c  and upon his it be demurrer it be hold a good justification for it be a ill  practice and be good cause to stay the plaintiff and to imprison he and  afterward in the same term it be adjudge that the plaintiff nothing capiatver  billam
case heal against web a prohibition shall go against a suit for tithe if a  modus he prove although it differ from the modus allege ante more yely   dig  prohibition for tithe against the defendant farmor of the rectory of  Frittender in the county of Essex and surmise that from time whereof c he have  use to pay S per annum in discharge of all tithe his proof be that he use to  pay S d per annum and upon this variance a consultation be pray but because it  appear that there be not any tithe due in kind to the parson as he have sue  but it be a modus kill although not in such a manner as the plaintiff surmise  the court hold that the defendant shall not have consultation for he have not  any cause for tithe of that land and it be rule accord vide skin v sanderson  dyer
case Heali against ware a assumpsit in a inferior court to pay on request the  place of request must be state and allege to be within the jurisdiction of the  court S C vent S C keb post vent lev show lev lev sand Mod Mod see the case of  Roland v veal Cowp Trevor v wall term Rep error of a judgement in hull Weston  the action be bring upon a promise cum ind require foret and do not say cum  ind require foret infrajurisdictionem Twisden justice though the agreement be  general cum ind requisite foret yet if he do request within the jurisdiction  it be good enough and so it have be rule and this error be disallow
case HEARBLOCK against read ante hill pl a executor or administrator ought to  pay a debt due by judgement before a debt upon a statute or recognizance of a  old date ante   b a yely roll ab   b Leon Vaugh   side and Brownl salk vern  see note b ld raym edit p the case be now move again and Popham gawdy and  Clench Fenner absent deliver their opinion that the plea be not good but that  the plaintiff shall have judgement because a judgement be high than a  reconusance or statute and therefore ought to be first satisfy and the  executor be put to his hearing complaint to discharge himself against the  conusee it be say that the statute be eigne to the judgement but that be not  material for there be our any regard to the priority of the judgement or  statute acknowledge by the testator but only to the equality of the manner of  the debt for that which be high ought to be first satisfy and the judgement be  high for a reconusance be but a assurance by consent of the party and be but a  bind record and therefore not to he compare to a judgement there be no reason  that a executor by bring a writ of error shall make the judgement to come  after the statute and therefore the execution upon the statute shall not  prejudice it whereupon rule be give that judgement shall he enter for the  plaintiff but afterward because Popham say that he have confer with the  justice and sergeant at sergeantsinn and many of they be of opinion that this  execution upon the statute be to he allow as a good bar against the judgement  they will advice et adjournatur note in Michaelmas term pound Elizabeth the  case be move again gawdy absent and Popham say that he have again confer with  the other justice at Serjeantslnn and the great part hold the plea to be good  and that the satisfy of the debt upon the statute be not any devastavit  because he can not withstand it and he shall not he put to his hearing  complaint wherefore it be adjudge for the defendant
case heart against hall tithe of a mill S c holt motion for a prohibition to  stay a suit for tithe of a old mill videlicet every ten tolldish a on  suggestion that it be a old mill but by holt chief justice the plaintiff ought  in his suggestion to prescribe in non decimand and also to bring a affidavit  of the truth of the fact and so it be adjudge in Lord chief justice hale time  in the like case for he say that of common right tithe be not due out of a  mill yet before the statute of articuli allotment of land a some mill do pay  and some do not and upon that it be enact that de molendino de to make new  erect non to be thrown or cast prohibition and for such as pay before that  statute they shall still pay and he say tithe be either praedial or personal  for the corn pay tithe before and it be necessary to prescribe in a non  decimand in a old mill and be quote the case of hughs v Hertford
case heart against king in a action against the drawer of a lose bill his  acknowledgement of have draw it be sufficient S c holt a bill of exchange be  protest and lose and a action bring against the drawer and it be prove that  the defendant have own he have draw the bill and hold good modern report by  holt chief justice holt chief justice say that this be a outlandish bill the  drawer be make liable by the protest but no protest be necessary in case of a  inland bill a also that to make a bill Payable to one order be the same as if  it be to he or order b and he say that if the defendant can make it appear  that he be at any damage for want of notice of the protest as if the drawee  have fail in the meantime c a see S c ante a this be at nisi prius before holt  chief justice a see will c S the Ann c S borough v Perkins Mod and term Rep  kid on bill b fisher v pomfret Carth modern report er p it will be incumbent  upon the plaintiff to prove notice give of the protest in convenient time a
case heart be case a indictment for a rescous be good without say way et arms  ante Bulst lev skin keb peer wms strange hawk p c a indictment for a rescue on  arrest by virtue of a plaint be good heart be indict in London for a rescous  make to a sergeant of the mace upon a plaint in London upon not guilty it be  find for the king and a fine assess of ten pound and croak throw imprisonment  without bail or mainprize and to find surety for his good behaviour and a writ  of error be bring the error assign be because it be not way et aimis say non  allocatur for although it be error at the commonlaw yet it be make good by the  statute of Henry c second because it be not allege that he make the arrest by  virtue of a warrant and then he have not any authority but because the  indictment be that by virtue of a plaint before such a sheriff name he c he be  lawful take or arrest it be to be intend that he have a good warrant and  therefore be well enough whereupon the judgement be affirm
case heart be case a procedendo refuse to a suit remove from the sheriff court  in London for call a woman a whore post   burr stram fort b r h Mod Andrews  Com dig Douglas Margaret heart bring a action in the sheriff court in London  against another woman for say that she be a arrant whore and go from chamber  to chamber play the whore this be remove by habeas corpus into this court and  bail put in stone move for the plaintiff to have the cause remand because for  these word action lie not here but they be actionable there by the custom of  London because she be there punishable for such offence but the court deny to  grant a procedendo and say a action lie not for these word but that she shall  be sue for defamation in the spiritual court only
case heath against RYDLEY a court of equity can intermeddle with matter of law  for neither attaint nor writ of error lie upon its decree post Inst Inst cro  Elizabeth cro car hob side lev hard ray Mod term Rep in a action of debt at  the commonlaw judgement be against the defendant and day give to move in  arrest thereof he in the interim prefer his bill in chancery and obtain a  injunction to stay judgement and execution but notwithstanding the court grant  both for by the statute of Edward c and Henry c after judgement give be it in  plea real or personal the party ought to be quiet and to submit thereto for a  judgement be once give in curian domini king ought not to be reverse nor avoid  but by error or attaint and in the same term upon a prohibition to stay  proceed in the court of request a it be deliver for a general maxim in law  that if any court of equity do intermeddle with any matter proper triable  croak throw at the commonlaw or which concern freehold they be to be prohibit  for neither writ of error nor attaint can be bring to reverse the decree make  in those court otherwise it be upon trial at the commonlaw for all matter be  there decide either by a jury of twelve man against who if they err in their  verdict a attaint lie or by the judge where if they err in their judgement the  party grieve may bring his writ of error a abolish by car c a this court be  virtual abolish by car c croak James er p
case heath versus heath at the roll Elizabeth Q can ab pl one seize in fee of  a real estate and possess of a personal estate by will direct that his legacy  be pay out of his real estate and devise his personal estate to his child his  child shall have his personal estate free from the legacy but charge with the  debt and the real estate only shall be charge with the legacy one seize in fee  of land and possess of a personal estate have child and owe money give legacy  by his will and direct that they shall be pay out of his real estate and give  his personal estate to his child master of the roll if the legacy have be only  charge upon the real estate yet the personal estate shall have be first apply  to pay they and so shall it have be against a residuary legatee but in this  case the real estate be the fund appoint and the whole personal estate give  away peer William by the will therefore the legacy must be pay out of the real  estate only on this head vide haslewood v pope post vol but the debt shall  still be pay out of the personal estate the will not order the debt to be pay  out of the real Thomas v Britnell ves peer William er p
case HEATHCOTT against GOSLYN a affidavit to hold to bail must be positive and  certain SC stram it be move that the defendant may be oblige to put in special  bail on a bottomreebond take on the ship Sussex the affidavit on which the  writ be take out be to this effect that the sum of two thousand five hundred  pound be due to the plaintiff from the defendant by bind as by the say bind  appear the counsel for the plaintiff offer to verify by affidavit some fact  concern the ship be lose and to explain this affidavit modern but the read  these affidavit be oppose by the defendant counsel as also the take special  bail the court the method be to determine the right of special bail on that  affidavit only which be make before the process take out and not to admit of  supplemental affidavit on either side see barn barn black Rep turner v warren  and Emerson v Hawkins will a it must also appear that a sufficient debt be  actual due which do not appear here except by reference to the bind Anonymous  will Rollin v mill will Jennings v Marlin burr Rio v Belefaute stram Barclay v  hunt burr Warbeck v Wheeler barn Kelly v Devereux say Powel v Portherck term  Rep b and on the good nothing appear to be due for it be due only on a  contingency and it do not appear whether the ship be lose or not therefore it  be hold that special bail ought not to be take
case heaton against harleston Trinity term James roll a declaration in  ejectment on a demise June habendum a die act of giving be good for after  verdict it shall be intend to bear date on the day mention ante sand Mod salk  ld ray Com dig Cowp ejectment the plaintiff declare whereas I S by indenture  June James to send different ways c such land to the plaintiff habendum  boundary prediction a die act of giving sigillationis et deliberation  indenturae prediction for three year army pron  interrog  the plaintiff June  James enter and be possess until the defendant the same day eject he the  defendant plead not guilty and find against he and now move in arrest of  judgement that the declaration be not good because neither the day of the date  nor of the ensealing and delivery of the indenture be mention so as there be  not any certainty in the declaration when the term shall begin a say non  allocatur for when the verdict have find he guilty upon the declaration and  the ejectment be allege accord to the declaration it may well be intend that  the indenture bear date and be seal and deliver the day mention in the  declaration of the lease wherefore it be adjudge for the plaintiff
case HEAUCAMP against NEGGIN money pay for the we and at the request of  another raise a continue consideration Cowp term Rep term Rep vide ante and  note a p error of a judgement in assumpsit first error for that Neggin the  plaintiff in the assumpsit declare that whereas the say Heaucamp in  consideration that the say Neggin have pay for he and at his request to c at  such a day which wall a year before the promise ten pound he assume to repay  it c and m ind require esset Which consideration be not good because it be for  a thing pass second error the a be lie at Worcester in Alta warda ibidem and  the v enirefacias be of the sumps city of Worcester whereas it shall he de  Alta warda for by it it be intend there he more ware say non allocantur for as  to the first when the payment be lie to he at his request the consideration do  continue and so be the common course and as to the second error it shall not  he intend that there he more ware except it he allege croak Elizabeth er p
case HEAUCHAMP against dale if a seize lease to a disseizee for life the  disseizee shall he in by remitter   light b c dig quo minus it be adjudge  after argument and deliheration that where a seize let we the land to the  disseizee for life by indenture that this be a remitter to he for by this he  confess the deed but by his entry to take livery the law have its operation  and do remit he against his own acceptance ex relation a see Ann saint c croak  Elizabeth er p John heal who argue this case and it be adjudge upon conference  hetween the baron and all the justice croak Elizabeth trinity term Elizabeth  in the common plea sir Edmund Anderson Knt chief justice sir William periam  Knt Thomas mead Esq Hugh Wyndham Esq justice sir John Popham Knt  attorneygeneral sir Thomas Egerton Knt solicitor general
case heaven against davenport in assumpsit in a inferior court for money lie  out both the promise and the expenditure must be allege within the  jurisdiction error on a judgement in Southwark court in indebitatus assumpsit  on a promise for money lie out for the defendant wife dumb sola banns the  promise be allege to be in the jurisdiction of the court but not that the  money be lie out in the jurisdiction for that be the cause of action lev side  the court it be certain error for the money lie out be the cause of action  which must be lie in the jurisdiction of the court judgement reverse a see  Stannion v Davis Mod salk peacock v bell sand Waldock v Cooper will Trevor v  wall term Rep Roland v veil Cowp a
case HEAVYSIDE against davis bankruptcy in the principal shall not avoid a  judgement regular obtain against the bail by the statute Geo c a see Geo c S a  it be enact that if the commissioner shall certify to the Lord chancellor that  the bankrupt have make a full discovery of his estate and if four part in five  in number and value of the creditor shall sign such certificate and testify  their consent to the allowance thereof and if it be allow by the Lord  chancellor then if the bankrupt be take in execution he upon produce such  certificate allow and confirm c shall be discharge by any judge of that court  wherein the judgement be obtain in the principal case there be judgement  against the defendant who become a bankrupt and the plaintiff do not come  before the commissioner to prove his debt but take out a to know facias  against the bail and after two nihils return have judgement against they and  they be take in execution it be now move that they may be discharge because a  certificate of the commissioner allow by the Lord chancellor be a discharge of  the principal who if he have be take in execution will have be discharge upon  produce it the court the judgement against the bail be regular obtain there be  fifteen day between the testae of the first writ of to know facias and the  return of the second and two nihils return bankruptcy in the principal shall  not be give in modern report evidence to avoid such a judgement regular enter  against the bail a see Wooley v Cobbe burr tudway v bourn burr walker v giblet  Bl Rep Southcote v Braithwaite term Rep a
case HECKNAM against rye judgement shall he stay for want of a return to the v  venire facias or distringa a nte   cro car salk say vide andr contra trespass  after verdict it be allege in arrest of judgement that neither upon the v  venire facias or distringa there be not make any return and it be hold by the  whole court to be a good cause for stay the judgement and that it be not aid  by the statute Henry c or Henry c or Elizabeth c for they aid misreturns or  insufficient return but here be not any return and therefore t aid and  judgement be thereupon stay see Geo c S
case HEDELL against Stanborough easter term Elizabeth roll error amendable by  the statute of amendment a and jeofail b cro James hob ejection firmce of a  lease at Denham of land in the parish de Denham proedicld after not guilty  plead and issue a v venire facias be award de vicineto de Denham and error  therefore assign because the v venire facias ought to have be de parochid de  Denham where the rahd lie say non allocatur for in regard it be de parochid de  Denhamprcedietti the parish and village be intend to extend and to he all one  and no more a second because that a haheas corpora a swearer be award upon the  roll but a distringa issue say non allocatur for it be a misconveyance of the  process and it be help by the statute b wherefore it be affirm and Trinity  term Elizabeth roll betwixt Morley and Clapbam it be so adjudge
case hedge versus Cardonnel in the paper of exception October a guard be the  possession of land belong to a outlaw grant to the plaintiff by the court of  exchequer in Ireland Lord chancellor a guard be where a person in Ireland be  sue to a outlawry and the plaintiff in the action upon a application to the  court of exchequer there have by virtue of a guard issue from thence the  possession of the land belong to the outlaw where the party who take the  exception do not lie a material piece of evidence which he have then in his  power before the master to which the error in the master report be owe the  court will not direct the master to review his report upon any other term than  the exceptants give up his deposit for it turn upon the same reason as in the  case of appeal from the roll where upon a petition the person appeal may be  let into new evidence which be not read at the roll but then as it be entire  his fault that it be not read there it will not be allow he upon any other  term than give up his deposit
case HEDINGFIELD against ashley a agreement for l to pay l to each of a man  daughter he have then five who shall he live at the end of ten year be not  usury ante Carth cro James will burr Cowp vezey Bac Abr covenant upon evidence  the case be one Gower deliver to Ashley Elizabeth l who by indenture covenant  with Gower that he will pay to every of the child of Gower which be then alive  and shall he alive at the end of ten year l Gower have then five daughter and  for assurance hereof mortgage his manor of wimbourn and be bind in a statute  of l and whether this be usury or not be the question and all the justice  resolve that it be not for it be a mere casual bargain and a great hazard but  that in ten year all the daughter or some of they will he dead and if any of  they he not alive he shall save thereb that but if it be that he shall pay at  the end of ten year if any of they be alive it be a great doubt or if it have  be that he shall pay at the eild of one or two year if any of the say child be  alive that have be usury for in probability one of they will continue alive  for so short a time but in ten year be many alteration see Geo c croak  Elizabeth er p
case HEDINGFIELDS case if tenant in tail covenant to stand seize to the use of  himself for life remainder to his son in fee and afterward levy a fine to  other use the last use shall prevail ante more yely hetley   Noy Brownl and  pale yellow use salk ld raym cruise on fine burr tenant in tail covenant to  stand seize to the use of himself for life and after to the use of his old son  and his heir and after covenant with a stranger to levy a fine to the use of  the stranger and his heir and levy a fine accord and die whether the son shall  have this land by the first COVellant and that the fine do strengthen it or  not be the question and it be resolve that the son shall not have it for when  tenant in tail covenant to stand seize to the use of himself for life that be  as much as he can lawful do and the limitation over be void and he remain  seize as before and so the say justice and counsel of the court resolve accord
case HEIGHTER versus Sturman of the tenth in court Lord keeper Eq can ab pl S  c administratrix and her two child entitle to a lease of a house agree by  parole to make a lease thereof to I S the administratrix execute the lease  upon a bill to compel the other two to join they can plead the statute of  fraud c a administratrix and her two child be entitle to a lease of a house  they all three agree to make the plaintiff a lease for ten year at a certain  rend the administratrix with the privity of the other two have execute such  lease the bill be to compel the other two to execute the same likewise the  defendant plead the statute of fraud and perjury the agreement make with they  not be reduce into write in plead the statute of fraud it be necessary to say  that the agreement be not reduce into write mussel v cook Tr pre Ch but the  Lord keeper overrule the plea and hold that the administratrix have execute  the lease this case be out of the statute the case be different state in the  register book one Audley grant a lease of the premise in question for four  year to the plaintiff and then make Sturman his executor and die then the  plaintiff have lie out money on the premise come to a new agreement with  Sturman and Paul Audley the other defendant and son of the say testator and  also with Millicent Audley the widow who be not make a party to the suit for a  lease of the say premise for year the lease be accord draw up and approve by  all the party and execute by Millicent and the other party promise to execute  and the defendant Paul in particular give direction to the scrivener who draw  the lease as to the apportionment of the rend between himself and his mother  the answer mere deny the agreement and under these circumstance it be decree  that the defendant shall execute the lease so execute by Millicent Audley Reg  lib a fol et vide oven v Davis ves Vernon chancery case er p
case heins against Hancock ejectment in Ireland for a kneave of land be good  error of a judgement in ejectment in Ireland and it be assign for error that  the denomination of one of the parcel be a kneave of land which be say to be a  insensible word but upon certificate of the chief justice of the king bench in  Ireland that it be a denomination well know there the judgement be affirm
case HELIARD against person find bailiff general must account for all in  declaration S c holt holt chief justice if a verdict find one person another  receiver or bailiff a burr term Rep Bott b but now by Geo c no order shall be  quash for this exception see S p ante a see the case of Turton v reignolds  post a see Davis v miller stram and Saville v Jardine h Bl Rep and the case  there cite modern report er p general it subject the defendant to account for  the whole declaration but if it find he receiver only special as to such and  such thing he be only Accountable pro tanto
case HELLEW against Langdon easter term Elizabeth roll cony be hest of warren  and a commoner can justify drive they away or kill they or destroy their  burrow damage pheasant ante Owen Jones roll ab side yely cro James Lut Bl Com  will term Rep trespass for break his close and kill there two hundred cony the  defendant justify for that he there have common appurtenant to such a house by  prescription and because the cony be there damage pheasant he kill they and it  be thereupon demurrer Godfrey for the plaintiff that it be not any plea for  the owner of the soil have interest in they against all stranger and the  commoner have nothing to do but to take his common with the feed of his cattle  there and he ought not to destroy the profit which the owner have therein and  as the owner of the soil may have other cattle there so he may have cony and  may make fishpond and the commoner can destroy they Henry pl Henry pl and for  this point in croak Elizabeth er p question it be adjudge Elizabeth in old v  cony in this court that a commoner can justify the kill of cony there c Wyatt  contra that it be a good plea for the commoner have no other mean to help  himself but by kill they for they he harmful to his common and dig and under I  the soil and take from he all the benefit of his common if he suffer they to  increase and they be such creature whereof no man have a property and be  esteem as harmful hest the commoner may well kill they as he may kill fox or  other vermin but all the court Popham absentee resolve that the plea be not  good for the one be a hest of warren and profitable as leer be and be not to  he compare to vermin and therefore the keep of they by the owner of the soil  be lawful and the kill they unlawful and not justifiable and it be adjudge for  the plaintiff see the case of Cooper v marsh burr
case HELLICOTE against TAYLBOYS a accuse computassent for l see d be prove by  evidence of a balance of l S d and of a particular debt of l dougl term Rep  error of a judgement in the court of Barnstable the error assign be that the  plaintiff count that he and the defendant do account together of diverse  reckon and he be find in arrearage l S d which he assume to pay upon non  assumpsit it be find that he assume to pay so much as he be foum d in  arrearage of account which be l S d and that he assume to pay so much as be  contain in such a bill in which he be indebt to he which do amount to l so all  that he assume to pay be l S d and the plaintiff have judgement a writ of  error be bring and this error be assign but the court deliver no opinion but  for another manifest error in the record videlicet the judgement be to take in  hand where it ought to have be in pity the judgement be reverse a
case hendy against thirst Hilary term James roll in trespass if the original  writ describe the offence in one place and the declaration in another the  error be not aid error of a judgement in the common plea the error assign for  that the original writ be of trespass in Ruddelow and the declaration be of  trespass in Boxe and the writ be certify and the court inform that this be the  writ whereupon the declaration be find and upon to know facias two nihils be  return although lea chief justice say he know Ruddelow to be a hamlet within  the parish of box yet the court not know it it be hold to be a variance in  substance not aid by any statute wherefore the judgement be reverse
case henington against henington see Jacobs v steward lr c p lr h l upon a  issue whether it be the defendant freehold if the verdict find they be tenant  in common the plaintiff shall he nonsuit post Com dig b r h dougl term Rep  king trespass for enter into his house and land the defendant plead it be the  freehold of Joan henington and he enter as her servant and by her commandment  and the issue be if it be her freehold or not the jury find it be the freehold  of the plaintiff for two part and the franktenement of the say Joan for the  three part the question be if the plaintiff shall have judgement upon this  verdict the court hold clear he can not for although the issue be find against  the defendant videlicet that all be not the freehold of I a et it appear a  tenancy in common so that the plaintiff can maintain this action judgement  shall he give against he and it be adjudge for the defendant croak Elizabeth  er p
case HENNET against the bishop OF norwich one of two grantee of the next  avoidance of a church may release to the other before the avoidance happen    light b more Bac Abr error of a judgement in a quare he foot soldier the case  be the next avoidance of a church be rant to a and b afterward a release to b  the plaintiff and after that the church hecame void and whether b shall  present only or have for the disturbance the quare hinder in his own name only  be the question and it be hold by all the court that he shall for the next  avoidance be a thing in interest and be grantable to a stranger wherefore it  may he release by the one to the other but if the church be void at the time  of the release make it be otherwise for then it be a thing in action which can  be convey over a wherefore the judgement be affirm
case HENNETS case in what manner a conditional covenant shall he perform post      b more dougl term Rep onslow n p covenant the case be a do covenant with b  to make such assurance as his counsel shall advice the question be two first  if b must give notice second what notice be sufficient the court hold clear  that b must give notice of the assurance for otherwise a do not know his  counsel or their advice and be not only to show he the assurance that he be to  make but be to permit he to read it and to go to his own counsel to consider  it and a be to have convenient time after the assurance show he to perfect it  Anderson c j say that if b himself do devise the assurance and make it a be  not bind to perform it for he be only to make the assurance that the counsel  of b shall advice and not that which b himself shall devise and it be a good  plea that concilium non dedil advisamentum Henry pl Anonymous croak Elizeheth  er report date case anonymous a devise of the same land to a for life and by  the same will to b for life or to a in fee and then to b in fee create a  jointtenancy post   light   Yelv blow cro James Leon Str Anderson c j say that  if one devise land to I S in fee and after by the same will devise that land  to I d for life both part of the will shall stand and in construction of law  the devise to I d shall he first so if a devise he to I S in fee and afterward  in the same will the land he devise to I d in fee they be jointtenants mead  say that case have be often move and always rule that the devise be good to  they both and they shall take as tenant in common or at least as jointtenants  and Anderson say and it be agree by the whole court that if a termor devise  toJ S so much of his term as shall he arrear at the time of his death this be  a good devise for so much of the term as remain at his death and the case in  brook be good law croak Elizabeth er p
case Hennings against PAUCHARD if livery of a lease for life habendum a die  act of giving be make by attorney on a subsequent day it be void unless the  deed be deliver after its date post roll ab   light b more   cro Elizabeth cro  car ld raym Com dig will Cowp Powel on power if a direct verdict be find a  subsequent find repugnant shall be reject as surplusage ante Com dig dougl  term Rep ejectment of a lease of Talbot of a mes in saint clement parish it be  find by special verdict that Talbot that June Elizabeth by indenture demise to  Pauchard the say message habendum a die indentitrae prediction for his life  with letter of attorney to make livery and that the attorney make livery d  July c the question be whether this livery make after the day of the date be  good or not Popham Fenner and William hold it to be void because it be make by  attorney who have not any such warrant and Popham say if the deed have be  deliver after the day of the date and then livery have be make by attorney it  have be well enough and so it have be adjudge but they hold forasmuch as the  jury find that he demise that June Elizabeth by indenture of the same date it  be a demise at that time and when they afterward find that livery be make d  July that be repugnant and void the record also be that the livery be make d  July the same month Julii which be also void there be no month of July mention  before wherefore it be adjudge for the plaintiff for the defendant claim under  that lease
case Hennings case on a promise to pay as much for good as every other pay the  plaintiff must give notice how much other pay ante post roll ab hob side cro  Elizabeth Lutw Leon Com dig salk will dougl assumpsit Henning buy two weigh of  barley and assume to pay for they as much as the plaintiff shall have of any  other abate a penny only in every bushel the plaintiff show that he sell to I  S after this agreement two weigh of barley for eighteen pound which abate the  one penny in every bushel amount to S and thereupon bring his action and  because it do not appear in the declaration that notice be give the defendant  that I S have give eighteen pound the judgement be arrest and for the same  reason a judgement be reverse in twist v Holms and this difference take if the  agreement be that he shall pay so much as I S in particular pay in that case  because constat de mask and he be indifferent name betwixt they the defendant  at his peril shall inquire of he and the plaintiff be not bind croak throw to  give notice but when the person be altogether uncertain there the plaintiff to  entitle himself to the action ought to give notice Houghton cite this case to  be late adjudge one assume to save harmless I S of all obligation wherein he  shall be bind for I n and in a assumpsit bring he show that he be bind in a  obligation for I n from which he be not save harmless and do not show that he  give any notice to the defendant yet hold to be good enough croak throw  michaelmas term James in the king bench sir Henry Montague Knt chief justice  sir John croak Knt sir John Doderidge Knt sir Robert Houghton Knt justice sir  Henry Yelverton Knt attorney general sir Thomas Coventry Knt solicitor general
case Henriques versus franchise Eq Abr c S the defendant have stock in his  name in the eastindia company in trust for the plaintiff and a bind in his own  name from the company but in trust for the plaintiff and the plaintiff be  beyond sea draw a bill on the defendant and promise to send he in effect  wherewith to pay it the defendant accept the bill and after but before the day  of payment the plaintiff fail and afterward the defendant sell the stock and  bind at great discount at the then current price to enable he to answer the  say bill two year after the plaintiff come to he to sell and reimburse himself  the stock and bind rise in value and now on a bill bring for a account the  question be if the defendant shall account accord to the value he sell they at  or accord to the current value per cur the want of effect be sufficient to  justify the sale without order for go much as be necessary to pay the bill but  the stock alone appear sufficient for that purpose without the bind the  defendant must answer the value of that as it be when precedent in chancery  the plaintiff give direction for the sale and decree accord
case henry BRESSEY against TH0MAS Humphreys as assignee of William Charnet  assignee of Ralph master Trinity term James roll in covenant for nonrepair of  a mill if seize be allege it be not necessary to show in what will it be  situate ante hard march Mod in breach of covenant for not repair a mill the  kind of mill need not be show on demurrer to the whole declaration in covenant  judgement shall be give for those breach that be well assign covenant for that  he let to Ralph master a certain molendinum wellwatered places in parochian de  Swepston et in all respects house builder aquas water cursus ripan England dam  speech molendino adjacent spectant et pertinent for twentyone year and he  covenant to repair the house of the say mill the floodgate sewer and the dam  as also to scour the milldam watercourse and bank to the same mill belong and  to leave they at the end of the term sufficient repair c and four millstone  the breach be assign for not repair of the mill and millbanks and for not  leave the millstone and a exception be take because he do not show in what  will the millbanks be Edward pl say non allocatur for they shall be intend to  be in the same will where the mill be second because it be not show whether it  be a cornmill or a fullingmill Sed non allocatur for all be one the breach be  assign in the not repair c it be also move that there be three breach assign a  and the defendant have demurrer upon the whole declaration the plaintiff ought  to have judgement without question for they wherein the breach be well assign  all the court be of that opinion for they be as several action and they hold  that they be all here well assign wherefore it be adjudge for the plaintiff a  see car c b ante a see will c croak James er p
case henry earl of lincoln against Hoskins Michaelmas term pound Elizabeth  roll in plead the restrain statute Elizabeth c if the clause he recite tam  diA where the word be tam cite the plea will he have ante Bac Abr Cowp dougl  debt upon a obligation of date July Elizabeth condition that if he from time  to time shall serve the cure at Tatershall and not depart without licence and  if he shall make such a lease of the parsonage of Kirkby as the earl shall  require and if he do not any act by resignation or c whereby the lease shall  he void that then c the defendant plead that the rectory of Kirkby be a  henefice with cure whereof he be parson and further recite the Elizabeth c  that no lease of any henefice with cure shall endure long than the parson  shall he resident upon his benefice without absence for eighty day and recite  it with this clause therein tam day where the word be tam cild how she or  aliquan pars ind v eniret ad aliquan possession tiel use inkibitum v el c  which word by the Elizabeth c S be repeal and appoint to be omit and further  recite the Elizabeth c S a that all bind c make to permit any to croak  Elizabeth enjoy any lease shall he of such effect as the lease and allege that  this bind be make for the enjoyment of that lease a see also Elizabeth c croak  Elizabeth er p it be hereupon demurrer first in regard of the misrecital of  the statute second because it be not allege that he be absent for otherwise  neither the lease nor bind be void and for these cause without any argument it  be adjudge for the plaintiff that the plea be insufficient
case herbert against LAUGHLUYN easter term car roll a ejectment will not lie  de piscaria in a river nor for common apprendre or rend or other incorporeal  hereditament ante   light a   light cro James Mod Yelv Brownl lie side stram  Bl Com dougl term Rep error of a judgement in the king bench in Ireland a in a  ejectment the principal error insist upon be that this ejectment be bring de  piscaria in such a a but this dependency be repeat by Geo c croak car er p  river and because it be not land water overwhelmed nor of any land but only of  a profit apprendre all the court absent Brampston chief justice hold that a  ejectment lie not thereof no more than of common apprendre or rend wherefore  for this error the judgement be reverse but Jones say that peradventure a  assize will lie of such a piscary because it be adj in certainly loco capiend  but he can maintain a ejectment
case herbert against morgan motion in arrest of judgement for excessive damage  deny the plaintiff be arrest at the suit of the now defendant in a fictitious  action without any colour of reason and afterward he bring a action of false  imprisonment against the defendant and the jury give he eighty pound damage  and upon a motion in arrest of judgement because the damage be excessive it be  oppose by the plaintiff counsel and insist that he may have the benefit of the  verdict which be grant and accord the plaintiff have judgement
case herbert versus herbert ante Eq Abr post wms Eq Abr c atk a feme covert  who have pinmoney or a separate maintenance settle on her may by write in  nature of will dispose of what she save out of it and such disposition shall  bind the husband in this case there be several question concern a woman  pinmoney or separate provision but the court order a account to be take and  reserve their judgement till after the account take note Hutchins cite sir  Paul neal case wherein he say it be decree that if a woman have pinmoney or a  separate maintenance settle a her and she by management or good housewifry  save money out of it she may dispose of such money so save by her or of any  jewel c buy with it by write in nature of a will if she die before her husband  and shall have it herself if she survive he and such money jewel c shall not  be liable to the husband debt
case herd against BURSTOWE a to know facias against bail must show that  process issue against the principal and a issu must he join on it or the  judgement will he erroneous ante error in a judgement in a to know facias upon  a recovery in debt first error because the plaintiff sue a scirefiacias after  the year to have execution by attorney without a hue warrant of attorney which  ought not to he as Henry pl Henry pl but it be say he ought at first to assign  this for error and to say that there be not any such record of a warrant of  attorne for this be a several record from the body of the record and he ought  to have a certiorarito certify it to which Gdwdy agree there be no other  justice present second error this be a to know facias against the bail for the  non appearance of the principal and it be not mention that process be award  against he but that it be pray et eiconceditur but it be not therefore  prxceptum be viscount c as it ought to he and although he that be bail do  afterward appear this may he without process and so not good three the name of  the bailiff that serve the process be not to the return of it but it be say  that this be by statute which do not extend to bailiff but to the sheriff four  error judgement be give without demurrer or issue join and although there need  not he a declaration in this case no more than in a per quce servile or a quid  law clamal for croak Elizabeth these be declaration in themselves yet there  ought to he a plea to it and the plaintiff to reply to it and upon the plead  there must he a issue or demurrer and then a judgement and not otherwise  except upon a nothing to say for the second and four error the judgement be  reverse vide Edward pl Henry pl Edward pl
case HERKENHEAD against Nuthall variance in the sum demand hetween the writ  and the declaration in debt be fatal post will salk Mod Cowp error upon a  judgement in debt error be that in the writ he demand one hundred and sixtysix  pound thirteen shilling and four penny and in the declaration demand one  hundred and seventyone pound ten shilling and for this variance the judgement  be reverse
case herman against DENUE union of parish before and since the fire of London  S c holt Northey move on the statute of car c about the rate for repair the  church of saint Swithin and per holt chief justice Rokeby and Eyre justice at  commonlaw there may be a union but that be only of church and but as a  appropriation of one rectory to another but still the parish be distinct and  that do not make the parishchurch of a to be the parishchurch of b but the  incumbent be as well incumbent of b as a and be oblige to serve the cure if  necessary but by this statute the parishchurch of saint Swithin be the  parishchurch of saint mary bothaw and the other church be thereby destroy and  therefore that parish must repair saint Swithin the rate be make distinct in  this case which the court seem to approve
case herne against Jennings to say he be in Newgate for a highwayman be not  actionable action on the case for slander videlicet these word he be in  Newgate for a highwayman verdict for the plaintiff on not guilty plead Mr  darnel move in arrest of judgement that the word be not actionable and cite  hob cro James Mr Northey e contra cite cro James cro car and Jones and order  by the court to stay until what time c
case heron against newton at the roll where the executor shall have the  residuary part free from any distribution S c Eq Abr the case be that the  testator by his last will and testament make two executor and give they  specific legacy and by his say will desire they to be kind to one Sarah Tufton  his old servant and to give her some small piece of furniture then in his  house if she desire it the question in this case be as in that last mention  who shall have the residue of the personal estate after debt and legacy pay  and it be decree that the executor shall have it free from distribution it be  the apparent intent of the testator a proof be read of the testator intention  Peer wms vezey jun a it shall be so for otherwise they can not be kind to his  old servant or give her any part of his modern report furniture if it be not  they to give and if he leave they no asset for that purpose so that those word  be explanatory of what the testator intend the bill be dismiss b see note Peer  wms b michaelmas term the nine of George the first in the year in the court of  chancery earl of Macclesfield Lord chancellor sir Joseph Jekyll Knt master of  the roll sir Jeffrey Gilbert Knt baron of the exchequer Robert price Esq baron  of the exchequer
case heron versus heron ante and reference post Eq Abr S c Nicholas heron make  sir Nicholas heron and other his executor in trust and die sir Nicholas manage  the personal estate and keep on the ledger and journal of Nicholas and from  time to time make all the entry in his own hand and therein enter the personal  estate debtor to land buy name they particular and die have make sir Nathan  heron and sir Joseph heron his executor the only question be whether these  purchase land shall be a trust for those who be to have the benefit of sir  nicholas personal estate it be decree they shall not and my Lord keeper say  this be not so strong a case as Kirk versus web ante for there be a defect of  personal estate to answer the demand which in this case there be not precedent  in chancery er p
case herry against green the surrendee of a copyhold can enter or support a  action before admittance though the lord refuse admittance without cause yely  Bulst Ro ab roll   light a cro car cro James Bulst lev vent will burr pale  yellow ten term Rep term Rep trespass upon special verdict the case be a  copyholder surrender to the use of I S the lord without reasonable cause  refuse to admit he the question be if he may enter without admittance?And the  court hold clear he can not enter unless there he a special custom to warrant  it for after the surrender and before admittance he who make the surrender  continue in possession and not the lord or beneficiary and use and he shall  have trespass against any that enter as if a copyholder surrender to the use  of his will yet it be clear he shall have it during his life so in the  principal case beneficiary and use shall not enter nor have action before  admittance
case herry against lane Hilary term Elizabeth roll amendment error of a  judgement in the common plea in debt for ten pound the first error assign be  that the venire facias be in this manner v venire facias in person  Justitiariis our men a die Paschce in die scales et regales man and he show  not in the writ where it be returnable videlicet at Westminster as it ought to  he but because the roll be v venire facias hic c that be a good warrant for  the writ and it be a judicial writ shall therein he amend and so also in  scales for liheros it be hold by the court to he amendable a second because  the writ viscount London et quod haheat whereas it shall he haheatis and that  be order also to he amend which be do accord and the judgement affirm a raym  keb croak Elizabeth er p
case herry against taunton Hilary terin Elizabeth roll a condition by a lessee  that he will not demise for more than from year to year be break by a devise  of the lease to his son ante Poph   dyer dougl term Rep the case upon special  verdict be a lease be make to Giles Taunton ior eighty year upon condition  that if he his executor or assignee do demise the land for more than from year  to year that then the lease shall cease and he void Giles Taunton do devise it  to his son and die the son enter by the assent of the executor the question be  if the condition he break for the devise be not proper a demise but all the  justice hold it a breach for a condition shall not he take so strict that it  shall he accord to the precise word and if the meaning he break it be a breach  of the condition and none will deny but a grant of all his estate have been a  breach so it be here of a devise and it be so adjudge
case herson against Aglionby on a writ of error to reverse a common recovery  the defendant in error may by the leave of the court plead double the  plaintiff bring a writ of error to reverse a common recovery and the defendant  move for liberty to plead double the motion be oppose because the statute  whether c for the amendment of the law whereby a defendant by the leave of the  court first obtain may plead double be not to be understand of a defendant in  a writ of error but a defendant in a original action the counsel for the  motion insist that this statute extend to the defendant in a writ of error as  well as to the defendant in a original action that the one may have as great  occasion of plead double as the other that it have late be resolve that a writ  of error do not abate by the death of one of the plaintiff whereas as the law  stand before that Act of parliament it will that by the same reason by which  the word plaintiff in that part of the Act of parliament be to be extend to a  plaintiff in error the word defendant shall likewise modern report it be  further urge that the plead double be at their own peril for if the court have  not power by this Act of parliament to grant they leave to plead double the  other side may demurrer the court incline to this opinion but make their  motion fruitless a but see the case of ware v the charitable corporation that  the court will not on a motion to plead double take into consideration whether  it be a good plea or not case t h but if it be have they will give leave on  term to withdraw it jefferies v Walter will Nichols v Sutcliffe case t h a by  declare that one of the thing they design to plead do upon the record appear  to be false
case hertford against gernon debt or a action on the case lie against a  sheriff for a escape in execution cro James Bulst side Jones strange Bac Abr  imp Sh error of a judgement in the common plea the error assign be because the  a see will c S croak Elizabeth er p plaintiff bring his action upon the case  against the sheriff for suffer one such who be in execution for debt due to  the plaintiff to escape whereas in this case he ought to have debt and not  action upon the case but the court hold clear that it be at the plaintiff  election to have the one action or the other whereupon the judgement be affirm
case hesome against crook Trinity term Elizabeth roll if a inferior court  disallow a writ of privilege or do not enter a bind on oyer crave it be error    Brownl Vaugh Burll style Ch Cas salk Mod Bac ab error of a judgement give in  Southampton in debt upon a obligation first error for that at a court hold  that novemb the defendant bring his writ of privilege and the mayor be absent  the bailiff allow it and give day till the next court when the mayor be  present do disallow it and for default of answer nothing dand it be enter coke  say it be a plain error for after the writ deliver ld not bring they coil once  d Henry pl and if it he say the bailiff be not judge then they can hold a  court and then the da give by they be null and so be a discontinuance second  error oyer be demand of the obligation and condition this be rehearse in hoc  word but be not enter so it appear not the plaintiff have title for these  cause the judgement be reverse
case hester versus weston eoden die Eq can ab pl S c if a defendant demurrer  because the bill contain distinct matter against several defendant and answer  further than deny combination he overrule his demurrer ante case where a man  demurrer for that the bill contain several matter not relate one to the other  and in some whereof the defendant be not concern if by answer defendant Vernon  chancery case er p do more than bare deny combination and confederacy he  overrule his demurrer this point be not state in the register book it be  simple state that a demurrer be allow Reg lib a fol but combination must be  deny vide Powell v arderne all ante but not go further Mitf Tr
case HEVERIDGE against cony easter term Elizabeth roll or plea of payment  general to debt for rend on a lease make at one place of land lyingin another  be good after a verdict where the lease be make post   a ld raym dougl error  of a judgement in the common plea the matter be a lease be make after  Northampton of land in Cambridgeshire the lessee be oblige to perform the  covenant contain in the indenture of lease debt bring upon the obligation and  the breach assign in not pay the rend the defendant rejoin that he have pay it  upon this they be at issue and find for the plaintiff by a inquest of the  county of Nortbampton where the lease be make it be say in arrest of judgement  that it be no good issue because no place be allege of payment and the issue  uva mistried by a visne of the county of Northampton whereas it ought to be of  the county of Cambridge where the land be for by intendment the payment be  there and so be the opinion of Anderson but Wyndham periam and Rhodes contra  for although the bar be ill because no place of payment be allege yet by that  croak Elizabeth er p verdict it be make good for a payment in one place be  payment in all place and it be adjudge there for the plaintiff upon the writ  of error bring these two matter be assign for error vide Edward pl but  afterward the judgement be affirm
case Heverley against Heverley if two be sue in a joint action and neither of  they appear process of outlawry must he take against both hob side Mod debt in  the common plea against John Heverley and Joseph Heverley upon a obligation  and judgement against both and a capias ad to give satisfaction issue against  Joseph only and thereupon be outlaw he bring error and because it ought to  have be award against both as Henry pl be as also because it appear not by the  return of the exigent that the judgement of the outlawr be by that the coroner  a as it ought to he as Henry pl be the court reverse the outlawry upon both  these reason
case heylin against hastings a promise to a executor in these word prove the  debt and I will pay you will avoid the statute of limitation S c Mod S c salk  S c Carth S c holt S c comy S c ld ray Indebitatus assumpsit by a executor for  good and ware sell and deliver by his testator the defendant plead non  assumpsit infra sex aged and the proof on the trial be that the good be sell  and deliver above six year before the action bring videlicet in the year after  which the plaintiff testator die and in the year the plaintiff deliver the  defendant a bill of the say good the defendant deny that he have they but say  prove it and I will pay you and now on this trial the plaintiff prove that the  defendant have the good the question be whether this may be give in evidence  on this general declaration and whether this promise bring the party out of  the statute of limitation a case be make and advice have thereon all the judge  at sergeant inn except Lechmere as holt chief justice declare be of opinion  that this special promise of the defendant amount to a waiver of the statute  of limitation and that this matter may well be give in evidence on this  general declaration and that proof of a see Hicks case salk and shipman v  Henbest term Rep b note in Michaelmas term queen whether a judgement be give  in the common plea pursuant to this resolution on the statute Elizabeth vide  ante and hob send for salk Carth lev content c side vent modern report er p  the delivery of the good be to be make on the trial in this modern report  action it be no more than if he have say if I have the good I will pay for  they holt chief justice likewise declare that all the judge be of opinion that  a bare acknowledgement of the debt do not amount to a new promise a which  Rokeby justice compare to the case of trover and conversion where demand and  refusal be evidence of a conversion but not a conversion itself
case heyling against hastings a conditional promise as prove it and I will pay  will avoid the statute of limitation S c salk S c Carth S c Mod S c holt S c  comy S c ld ray the plaintiff as executor bring a action of indebitatus  assumpsit for good sell by the testator to the defendant the defendant plead  non assumpsit infra sex aged modern er p and in evidence it appear that the  good be sell six year before the action be bring c but that the defendant say  to the modern plaintiff when he demand the money prove it and I will pay you  holt chief justice we be all of opinion that this be a new promise and shall  charge the defendant notwithstanding the statute of limitation for to say  prove it and I will pay you be as much as to say if the good be sell to the  testator I promise to pay you for they we be also of opinion that if a man  acknowledge a debt within six year though this be not a promise yet it be a  evidence of a promise the statute of limitation do not destroy the debt but  only suspend the remedy burr and therefore the slight word of acknowledgement  will take it out of the statute show notorious facts though make after the  commencement of the action yea v Fouraker burr see Bac Abr a as in the case of  trover and conversion though a denial be not a conversion yet it be a evidence  of a conversion but see Mod that the very denial of good to he that have a  right to demand they be a actual conversion per holt chief justice vide   cro  Q salk Mod Mod Mod b hilary term the ten of William the three in the king  bench sir John holt Knt chief justice sir Thomas Rokeby Knt sir John Turton  Knt sir Henry gold Knt justice sir Thomas Trevor Knt attorneygeneral John  hawles Esq solicitor general
case Heynes against sprot word actionable ante post hob cro car hut contra see  Wilf Com dig action for these word thou waste in Norwich gaol for a robbery  commit upon a b the defendant plead not guilty and find against he and  judgement for the plaintiff
case Heyward versus rogers June in court Lord chancellor a term be limit to a  for life then to b for life then to such child as b shall leave at his death  and for want of such child to c Q if the remainder to c be good one prudence  Goodwin be possess of a term for year settle the same in trust for herself for  life remainder to one Rebecca burst for life and from and after Vernon  chancery case the death of Rebecca to permit and suffer such child or child as  Rebecca shall have at her death to receive and take the profit thereof and for  want of such child or child then in trust for the plaintiff Rebecca have issue  a son who die in her lifetime without issue the question now be between the  plaintiff remainderman and the defendant who be administrator as well to  Rebecca as to the child it be object that the remainder to the plaintiff of  the term in question be void be to take place after two life then in be and  the death of such child or child as Rebecca shall have who be not then in be  to which it be answer that all this be to happen and be circumscribe to the  life of Rebecca to wit in case she die leave no issue and the case of oak and  Chafford be cite and it be say that if this child have live to contract debt  or want a maintenance it will be hard that his administrator shall not have  the benefit of this term or suppose the son of Rebecca though he die in the  lifetime of Rebecca have leave a son it will be hard to carry this term from  the child to the remainderman enter Heywood v man and the bill appear to have  be dismiss but no case be state Reg lib a fol vide Thelluson v Woodford Ves
case Hibbard against lamb that may one by will give annuity and direct the  residue of her estate to be dispose of in charity to such person and in such  manner as her executor or survivor shall think fit on the death of they new  trustee be appoint to sustain the annuity but they can not dispose of the  residue it be a trust confine to the executor personal see moggeridge v  Thackwell Ves bro Ves Hewit v Hewit post attorneygeneral v glegg post lib Reg  a fol a Esther blunden by will give several legacy and annuity Payable out of  her estate and the residue to be dispose of in charity to such person and in  such manner as her executor or the survivor of they shall think fit and  appoint four executor two of they be dead and another very infirm bill be  bring to have other trustee add Lord Hardwicke chancellor refer it to the  master to appoint additional trustee to sustain the annuity but say the new  trustee can not dispose of the residue in charity for as the testator have  confine that power to her executor only this court can not give it to the new  trustee and reserve liberty to apply to the court for further direction in  case of the death of either of the survive executor ambler er p
case Hickman versus anderson June a term be limit to raise portion for  daughter if no son provide such daughter survive their father a daughter die  in the life of her father her portion shall not be raise on the marriage of  Anderson with mary Glynn a term be limit after the death of father and mother  to raise portion if no son for daughter Payable at eighteen or marriage  proviso such daughter survive the father the daughter marry the plaintiff sir  Willoughby Hickman and die in the lifetime of the father bill dismiss with  cost No case state Reg lib a fol a strain even to sell the term in the  lifetime of the father
case hicks against Dowling case for negligent keep his fire lie for lessee  against his underlessee S c salk S c ld ray S c ld ray action upon the case  for negligent keep his fire by a lessee against a underlessee per curium it  lie because the lessee be answerable over to his lessor a
case hicks against harris suit in the spiritual court to annul a incestuous  marriage pen which one of the party die prohibition shall go as to annul the  marriage S c salk S c Mod S c Carth S c comb motion against a rule for a  prohibition grant on a sentence in the spiritual court about a incestuous  marriage to declare it null and void after the death of one of the party a  holt chief justice the reason of the sentence be to prevent their live in  incest and there be no occasion for it here then the party may have disprove  the evidence if alive they can give a sentence to bastardize the issue that be  only by consequence and if they encroach on commonlaw though they have  original conusance we will prohibit and a prohibition quoad to declare the  marriage void be grant
case hicks against WOODISON a county or hundred can prescribe in non decimand  for any thing titheable of common right S c Mod S c salk S c Carth S c comb S  c holt S c skin S c I ld ray S c ray Ent attachment on a prohibition wherein  the plaintiff declare that the hundred of Huntspittle be a ancient hundred  time out of mind and that within the hundred time out of mind there have be a  custom for all the inhabitant thereof to be free and discharge from the  payment of any tithe for the agistment of barren cattle the defendant traverse  the custom and on issue join a verdict be give for the plaintiff that there be  such a custom it be move in arrest of judgement that there can be no such  custom in non decimand for anything but wood because that be not due of common  right and it be adjudge that no county or hundred can prescribe in non  decimand for anything that be titheable of common right and that this  prescription be void and illegal there be no instance of such prescription but  of wood but one kidden v Edward a wood be only titheable by particular custom  until the canon of a roll Abr modern report er p Stradford in the seventeenth  year of Edward the three because it be not annual renovant I e not produce  annual profit wherefore a consultation be award
case hide against S the death of the husband in trespass against husband and  wife S c holt Kely contra trespass against husband and wife the husband die  sir Francis winnington move it in arrest of judgement say non allocatur for a  wife may commit trespass along with her husband and also felony if it be not  by coercion modern report of her husband holt chief justice though in a  declaration in trover against husband and wife lie the conversion ad use Self  judgement be arrest yet if it come in question again it shall not be so by my  consent
case hide against the dean and canon OF windsor I r vide ante page a action  lie against the assignee of a covenant which run with the land although he be  not name in it ante I roll Abr dyer   a Mod Bac a r Plowd cro James ld raym  wood con will burr dougl term Rep ante roll Abr Mod the case be now move again  and the sole question of difficulty be whether this action lie against the  assignee for this covenant break he be not name in the covenant?Tanfield for  the plaintiff in error move that it lie not for a covenant lie not against the  executor of the covenantor not be name as Edward pl a fDyer much strong it lie  not against the assignee not be name as old nat Br S but if it he covenant for  he and his assign it be otherwise as Henry bro Coven wherefore c but Popliam I  Clench and Fenner absent gawdy hold clear croak Elizabeth that a action of  covenant lie against a assignee in this case although he be not name for a  covenant which run and rest with the land lie for or against the assignee at  the commonlaw because transit land cum onore although the assignee he not name  in the covenant and a covenant lie against a executor in every case although  he he not name unless it he such a covenant as be to he perform by the person  of the testator which they can perform wherefore the judgement be affirm n Br  dyer per brown
case hide versus cooth die Jupiter Oct in court Lord Maynard Lord Keck Lord  Rawlinson Eq can ab pl pl S p submission to a reference and the award to be  confirm by decree of the court without appeal or exception yet exception to  the award admit if a submission to a award be make conditional it a quod the  award be make de prmissis if the award be not make of the whole it be void but  if the submission be not conditional then the award though make but of part of  the premise submit be good pro tanto submission by order of court to a  reference and the award to be make to be confirm by the decree of the court  without appeal or exception yet upon debate exception to the award admit note  per Lord Maynard if the submission to a award be conditional it a quod a award  be make de super prmissis c there if the award be not of the whole it be void  but if the submission be not conditional as aforesaid then though the award be  but of part of the matter refer it be good for so much as it settle though it  leaves other thing at large vide on the general doctrine of award in reference  to the interference of this court brown v brown ante vol carter v carter  ibidem Cresley v Carrington ibidem and case respective cite in not there  Norton v Mascal ante
case hide versus hide see will Act wm IV Vict c S coke Inst hark Edward b b a  infant male may make a will of his personal estate at a female at in this case  no dispute be make but that a infant male of year and a female of year may  make a will of the personal estate and it be say to be so agree by my Lord  keeper wright in a case of sharp versus sharp wherein they follow the rule of  the civil law of Justinian as at those age they may consent to marriage
case Higgens against TOTHERDEN Michaelmas term James roll a bind for  trigintate scales be good ante post roll ab hob Cowp debt upon a obligation  wherein he demand thirty pound the defendant demand oyer of the obligation  which be noverint whole world per present circumstance I Johan Totherden  tender et really to bind up in trigintate scales c this be enter in haec word  the defendant demurrer in law for it be object that trigintate be not any word  nor have any sense and therefore the obligation be void say non allocatur for  although there be a addition of two letter it be but a surplusage and shall  not make the bind void and it be adjudge accord for the plaintiff and error be  bring in the exchequer Chamber without any argument the judgement be this term  affirm
case Higgens case how execution shall issue against bail ante post roll ab  Bulst side vent Com dig Com dig if the bail be once take in execution the  principal be for ever discharge Bulst Brownl will burr term Rep bail may be  separate charge in execution in a action of debt the court hold that if one be  arrest upon process in this court and he put in bail and afterward the  plaintiff recover and the defendant do not render himself accord to law in  safeguard of his bail the plaintiff may at he election take execution either  against the principal or bail but if he take and arrest the bail although he  have not full satisfaction he shall never afterward meddle with the principal  but if two be bail although one be in execution yet he may also take the other  but if the principal be in execution he can take the bail
case Higgins against grant the grant of a manor will not pass a advowson  appendant without say cum appurtenance post   light a a Plowd sand dyer     a  lease by a parson make before Elizabeth c hold good though not confirm till  after   light     cro car cro James ba ab plead in ejectment on a church lease  post dougl ejection firm upon evidence to the jury the justice say if one do  demise a manor to which a advowson be appendant and say not cum appurtenance  the advowson do not pass in this case the plaintiff claim under a lease make  by r stake parson of Shenle Elizabeth and that Mr Poultney be patron in  reversion in fee confirm the lease and after the Elizabeth c videlicet in  Elizabeth the ordinary confirm it and Elizabeth he who have the patronage in  right of his wife together with his wife confirm the lease and all these  confirmation be show and it be aver that the patroness for life be live the  justice hold that the confirmation by the ordinary and patron be good for the  statute do speak of alienation c by incumbent to he void after the statute but  do not make void confirmation make of a lease before the statute the plaintiff  do declare of a lease by the parson but do not aver his life and croak  Elizabeth er p by his death the lease be void and no acceptance can make it  good and the plaintiff plead a confirmation by the patron for life and show  not how the patron come to this particular estate the justice hold that he  need not show what estate the patron have but when he do show he have but a  estate for life he ought to show howl he come to it
case Higgins against mill in the court of chancery a chattel real can be  entail   light a   b r ab I Ch Rep vent Ch Rep Ch Cas Fearne peer will bro Ch  Cas this case be refer to Anderson and Walmsley out of the chancery this term  Higgins hein g possess d of a term devise his term to Elizaheth his wife and  to Edward his son for their life and after to Humphrey his son and the heir  male of his body and die Elizaheth and Edward enter by force of the devise and  die croak Elizabeth er p Humphrey sell his interest of his term and have issue  John and die John sue for the term and they certify their opinion under their  hand that John have no right to the lease Anderson do not show his reason but  Walmsley show his reason to he for that John can claim it as heirmale for that  be not good to convey the interest of a term to he V Leonard love case   ad  that which divides croak Elizabeth michaelmas term and Elizabeth in the queen  hench sir Christopher Wray Knt chief justice sir Francis gawdy Knt John Clench  Esq Rohert schute Esq justice sir John Popham Knt attorneygeneral sir Thomas  Egerton Knt solicitor general
case Higgs against holiday ante easter Elizabeth page trover will not lie for  money receive by a servant on sale of his master good ante error be bring of a  judgement and assign in the point of law Anderson the property of the money be  never in the master but in the servant for if a man deliver money to another  the property thereof be in the bailee because it can be know and he can  maintain account only quod all men some prceler clerk el Walmsley to go away  for the writ of account prove the property of the money to he in he for it  suppose that he be receptor containing ten each of the plaintiff but here the  plaintiff declaration be not good for it be allege that he casualiterperdidit  the money a and when he have lose the possession thereof he have lose the  property also because it can be know and hereto all the justice and baron  agree and that it shall he reverse
case highmore v Molloy December the that pawnbrokers within the statute of  bankrupt and seem particular include in the general word broker in the that  section of the that of Geo and so be a public officer as a exciseman c if he  will trade Lord chancellor I be incline to think a pawnbroker within the  several statute concern I bankrupt and especial within the general word of the  that clause of the that of atkins Geo the word of which be whereas person deal  as banker broker and factor be frequent entrust with great sum of money and  with good and effect of very great value belong to other person it be hereby  further enact that such backers broker and factor shall be and hereby be  declare to be subject and liable to this and other the statute make concern  bankrupt for though pawnbrokers be not express name yet the general word  broker be the genus and all other kind of brokerage the species his lordship  say in the same case though a man be a public officer as a excise man c yet if  he will trade he make himself subject to the statute of bankrupt
case hildyard versus cressy march the original bill bring for discovery only  the amend bill pray relief the answer to this be to be consider as a part of  the answer to the original bill as much as if ingross in the same parchment  and a part of the same record the defendant plead a fine and nonclaim to a  bill bring by a heir at law for discovery whether the defendant be a purchaser  for valuable consideration the plaintiff come of age in December and bring his  bill of discovery the atkins er p June before he amend the bill several time  but do not till amend and pray relief Mr Cressy levy the fine in and all the  deed be in the hand of this defendant as attorney to the plaintiff Lord  chancellor when the defendant put in a answer to the amend bill which pray  relief he can not put in a complete answer over again but only refer to the  former answer for if he have do otherwise it will have be refer for  impertinence and therefore this last answer be to be consider as a part of the  answer to the original bill for discovery as much as if it have be engross in  the same parchment and a part of the same record if at the hear of this cause  the defendant shall not have support his plea by the answer the plaintiff may  counterprove by read any part of that answer and by that mean overturn the  plea atkins do it not equal hold at the time of argue the plea that the  plaintiff may counterprove by read a passage out of the defendant answer to  show he have not sufficient support his plea upon read the passage out of the  answer Lord chancellor be of opinion he have not make a complete answer to the  discovery and therefore not have proper support his plea he order the plea to  stand for a answer only with liberty to except
case hill against giles ejectment lie for a cottage cro car lev palm style  strange Com dig Bac Abr ejection loyal be bring of a cottage after verdict it  be move that a ejection firmce lie not thereof no more than a prcecipe qubd To  give back say non allocatur wherefore it be adjudge for the plaintiff
case hill against heart Qucere if one tenant in common can bring a action of  waste without name his cotenants more   light b Cowp term Rep n waste a  special verdict be find that the plaintiff have but a three part of a  reversion in common with two other and whether he shall have waste the other  not name be the question far it be say that this action be quasi in the realty  but the court hold that the action lie not for one tenant in common sole for  damage and the place waste be to he recover by moieties or a three part it be  also inconvenient that the three part shall he recover and deliver in  execution but it be move that this matter of tenancy in common ought to have  be plead otherwise the defendant shall not take advantage thereof for the  issue here be join upon a collateral matter videlicet upon the devise of a  reversion c but the court speak not thereto say adjournatur
case hill against mill S c salk S c show S c comb S c skin S c holt the  bankruptcy of a executor be no cause of grant administration to another where  there be a natural disability there be a necessity of do it but it must be ad  use et just of the executor so the last grant of administration be a nullity  and Self facto void
case hill against Pilkington Hilary term Elizabeth roll debt on bind condition  for the performance of covenant will lie on a breach of the covenant before  the condition be perform though the indenture hecomes void before the action  be bring I wood con dougl debt upon a obligation the condition be to perform  covenant in a lease the defendant plead covenant perform the plaintiff by  replication show the covenant in the indenture whereof one be that he shall  enjoy such land let to he quiet without interruption and show in facto that  the defendant march Elizabeth have disturhed he and in that assign the breach  the defendant by rejoinder show that in the indenture there be a proviso that  if he pay l the first of march Elizabeth that then the indenture and all  therein contain shall he void and alled geth that he pay the at the day but  this be after the disturbance suppose hereupon it be demurrer and after open  of the case by Hevercotts for the plaintiff it be adjudge without any treat  argument for the plaintiff for by the covenant break before the condition  perform the obligation be forfeit croak Elizabeth and it be not material that  the covenant hecome void before the action bring but Wray say that if the  proviso have been that upon the payment of the l as well the obligation as the  indenture shall he void it have been peradventure otherwise for then the bind  be void before the action bring the Henry dyer and Vylowes case be cite where  a parson make a lease for year in which be diverse covenant and after he  hecame non resident by which the indenture hecame void yet he may maintain a  action of covenant for a covenant break before his non residency vide dr  Hector case before mich b r plea page see will c I
case hill against Prideaux to trespass for chase cattle ita quod it die a  justification of the chase without answer the death be have ante see I lev  salk where this be deny to he law trespass for that he chase his cattle in so  much ita qubdper fugationem interierunt the defendant plead that the place  where c be hold of he by such service and he distrain those hest and impound  they in a pound overt and that they die there de fame in default of the  plaintiff the which be the same trespass and it be thereupon demurrer and  without argument adjudge for the plaintiff for hen the plaintiff allege that  in so much effugavi quod per e wonder sugalionem interierunt and he plead quod  fame interierunt that be not any plea without a traverse quod r e gaPC tionem  non interierunt
case hill against SAUNDEFORD on nothing to the first to know facias if the  bail surrender the principal before the return of the second to know facias it  be sufficient post more roll ab cro Elizabeth hob Com dig barn salk stram will  will burr burr impey Inst Cler term Rep after judgement in this court a capias  be award against the principal and return non be invention afterward a  scirefacias be award against the bail which be return nothing and a second to  know facias award the bail bring in the principal and pray that his body may  be accept in execution Kemp the clerk say that he come too late for in  extremity after the capias return non be invention and a to know facias award  he can bring in the body of the principal but now of late time in favour of  the bail they use after the first to know facias award before the return to  allow he the favour to bring in the principal but after it be return and a  second award it be never see but Popham chief justice say that it may be very  well unless the first be return warn and judgement give thereupon for the  seine facias otherwise will be to little purpose to bring in the principal  wherefore the principal be receive
case hill against vaux a modus to pay part of the thing if the payment be not  to be make in a more advantageous manner be not good S c Carth S c salk S c  holt S c ld ray S c Mod under the title of Leicester v foy libel in the  spiritual court of Lincoln for tithemilk by a vicar the defendant allege a  modus and pray a prohibition but it appear on the suggestion that by this  modus during that part of the year in which the modus be Payable it give the  vicar no more than a ten which by the law he ought to have through the whole  year nor in a more advantageous way the custom be hold void and a prohibition  deny in the debate of this case a question arise whether it will have be a  good modus if it have be allege that the delivery have be at the vicaragehouse  which depend on this question whether the parishioner of common right be  oblige to deliver his milktithes either at the vicaragehouse or churchporch as  be adjudge in the equity side of the exchequer in the case of dod v Engleton a  and holt chief justice say that a parishioner be not oblige so to do of common  right but only to set they out and that therefore if this have be in the modus  it will have make it a good one and that the case of dod v Engleton be a mere  equitable decree guide by the custom of the neighbour parish
case hill against wade in a action on a collateral promise to pay a sum of  money on request the request must be special allege but for money lend on a  mere duty although often require be sufficient ante post side cro Elizabeth  Yelv hut cro car sand assumpsit in consideration that he will buy such land of  the defendant and pay to he forty pound for it the defendant promise to pay to  the plaintiff nine pound which I S owe to the plaintiff when he shall be  thereunto require and allege in fact that he buy the land and pay forty pound  for it and that the defendant although often require have not pay the nine  pound after verdict upon non assumpsit plead and find for the plaintiff it be  move in arrest of judgement that the declaration be not good because there be  neither time nor place allege of the request Gwyn for the plaintiff oftentimes  move that it be not material because the defendant plead non assumpsit and so  have not take advantage thereof the court resolve that forasmuch as it be a  stranger debt and be no duty by the defendant before the promise nor Payable  but upon request and so no breach until request be make therefore to enable  the plaintiff to the action a express request ought to have be allege and a  often require will not serve Houghton justice take this difference where a  request be upon a duty as if I sell a house for five pound to be pay upon  request there a although often require be sufficient and where it be upon a  collateral matter for there he ought actual croak James er p to allege a  request although issue be join upon the assumpsit and this difference be  affirm in Griggs case in a writ of error and so the opinion of the court be  against the plaintiff et adjournatur afterward it be adjudge for the defendant  a
case hill against wilks outlawry reverse it appear to the court plain that  Wilks have get hill outlaw when he be visible and to his knowledge easy may be  serve with process he be order to reverse it at his own charge vide sir Thomas  Jones
case hill case plead ejection firm and declare of a lease make to he by I S  the defendant convey to himself a title b S that lease before that lease and  it be hold no plea for it mount but to a general issue
case hill ux versus WIGGETT April Lord keeper Eq can ab pl S c a entry in the  book of the steward of a manor and a parole proof by the foreman of the jury  allow as good evidence against a entry on the roll and a admission thereon a  entry in the steward book and a parole proof by the foreman of the jury admit  as good evidence that a feme covert surrender her whole estate although the  surrender upon the roll and the admission thereon be but a moiety this may be  the inference from the statement in the register book but the point do not  distinct appear Reg lib a fol in such case averment of mistake admit tower v  more ante
case hill versus Adam April SC post Semb where a defendant disclaim all right  you can read his evidence as a proof of your own right to the prejudice of  another defendant the heir of mortgagor need not bring the original mortgagee  before the court where he have assign without the mortgagors join where a  title be set up to a estate by a bill and you make a person defendant who  disclaim all right and do not bring he to hear the court say you shall not  read his evidence as a proof of your own right to the prejudice of another  defendant where a mortgagee assign without the mortgagors join the heir of the  mortgagor on prefer a bill to redeem have no occasion to bring the original  mortgagee before the court for the assignee as stand in his place will be  decree to convey
case hill versus brewer lord commissioner Sabbati l June one by will give we  several legacy and make executor who be not relate to he testator afterward  have several child and increase his estate and die equity will not make the  executor trustee for the child as to the surplus of the estate a man possess  of a considerable personal estate devise some particular legacy and make two  person no way relate to he executor he happen to live many Vernon chancery  case er p year afterward and increase his estate and have many child and die  without new publish revoke or alter his will whereby the executor become in  law entitle to the surplus of his estate which be of considerable value the  bill be to make the executor trustee for the child as to the surplus of the  estate and the plaintiff counsel cite the cage in Fitzherbert title Subpna  where a man appoint his trustee after his death to convey to his daughter and  afterward happen to have a son the opinion there be that the conveyance shall  be make to the son send non allocate and the court dismiss the bill there be  mere a entry of dismissal without cost Reg lib a fol vide foster v Munt ante  Vol
case hill versus more a put out pound at interest to the e I company and take  bind for it in the name of I S his wife relation a become a bankrupt I S be  summon before the commissioner before examination he tell the e I company that  the money be not his but that they shall pay it to the person that bring the  bind a s wife bring the bind and have the money pay her equity will not  relieve against it the defendant sir John more be a relation to Mr Hintons  wife and Mr Hinton have put out pound at interest to the e I company and take  a bind for it in the name of sir John more after a commission of bankrupt be  take out against Hinton and sir John more be summon before the commissioner to  be examine concern Hintons estate who appear before they and desire a copy of  the interrogatory and time to consider they which be grant sir John more  before his examination go and tell the b l company that the bind that be give  by they to he for pound be not for his own money but they may pay it to such  person a s shall bring the bind and upon that Hintons wife bring the bind and  receive the money this bill be bring by the assignee of the commissioner to  enforce sir John more to pay the money but the court will not relieve they
case Hillary against Hawksworth the session may discharge a apprentice from  his master and order a portion of the fee to be return post sand salk salk ld  raym Mr sander move to quash a order make by the justice of the peace for put  away a apprentice from his master and order the master to give he so much  money Kelynge chief justice the statute of Elizabeth c f leaves this to their  discretion there be note of this case side keb and it be very full report sand  the court be unanimous that the justice have a discretionary power either to  inflict corporal punishment or to discharge a bad apprentice but that where  the complaint be against the master they can only dissolve the modern er p  indenture and that the restoration of the money be consequential to their  jurisdiction to discharge see the Geo c salk strange ld raym Mod and Mr Consts  edition of bott poor law vol page to where all the case upon this subject be  collect
case Hilliard vers Jennings in b r vide above p the case above have be argue  by Carthew for the plaintiff be now argue by Pratt serj on the other side and  he insist that Thomas the son take no more comens er p than a estatetail by  the will of his father for the word if my son die without issue of his body  make a estatetail and then the word or under the age of twentyone year be  restrictive and make the estatetail determinable on his death under that age  so that in either case the daughter ought to comens take the word or be  disjunctive in its proper signification and ought not to be take otherwise  where it be not necessary and the case of soul and Gerrard allow that the son  have a estatetail but to this point no opinion be give by the court and holt  c j be not for allow the case of soul and Gerrard as to the other point he  agree and it be hold by the court that the will be not well execute for the  plaintiff be not a credible witness as he himself be to take by the will for  the intent of the statute be to prevent any practice by person interest in the  obtain of a will and if he who be to take by a will may be a good witness it  will be a encouragement to such practice but by the importunity of counsel it  be adjourn it be say in Freem that the court in both point incline against the  plaintiff videlicet that the son have but a estate tail and so the devise to  the daughter take effect the son be dead without issue for though it be devise  to he and his heir yet the latter word if he die without issue make it a  estate tail vide above the case of Nottingham versus Jennings p and the  authority there cite for his meaning seem to be plain that if the son have  issue that issue shall have it if not it shall go to the daughter comens de  boundary pasch will III in b r
case Hillman against law Trinity term James roll a declaration on a bill of  exchange state that the defendant have not pay at or after the day of payment  c be good action on the case on a bill of exchange bring against the acceptor  by the plaintiff as administrator to the party to who the bill be Payable on  the custom of merchant and breach assign pillage yet the defendant ad well  post pillage diem the day of payment non to loosen nec aliqualiter pro the  same thus far contentavit demurrer to the declaration because do not say non  to loosen at or before the day and a payment before the day be a payment at  the day but hold good per curian because say thus far non c judgement for the  plaintiff
case HILLYARDS case a attorney can sue in a inferior court for his bill of  cost in king bench S C keb agile lev Mod Mod Com dig attorney b dougl term Rep  term Rep and the statute James c and Geo c S Hilliard a attorney sue for his  fee in this court in the court at Bristol but the court say a attorney ought  not to wave this court
case HILSDEN against mercer say a be a thief and have steal twenty pound can  be justify by plead that she steal a hen for the whole slander must be answer  S C roll Rep Allen dyer cro Elizabeth Bl Rep action for word whereas the  defendant have communication with one chapman of the plaintiff speak these  word she innuendo the plaintiff be a thief to you and to I and have steal  twenty pound from I and forty pound from you the defendant say that the  plaintiff be a thief and steal two hen from her such a day and year felonious  and thereupon she speak these word in the declaration the plaintiff hereupon  demurrer because it be not any cause of justification of all the word nor of  any part of the last word but it be say that inasmuch as it be a justification  in that she be a thief which be the principal word the other word be not  material to be answer unto say non allocatur for the last word be as  slanderous as the former and there be not any justification of they nor answer  to they therefore the plea be vicious and judgement be give for the plaintiff  a say vide the statute by which the law be alter in this respect ante croak  James er p
case Hincks versus Nelthorpe Eq can ab pi pl S c bill to establish a agreement  for a separate maintenance to such part as pray a discovery of hard usage  defendant demurrer demurrer allow the bill be to establish a agreement make  before the marriage r l for a separate maintenance for the defendant wife and  among other thing pray a discovery of several unkindness and hardship which  the defendant as it be pretend have use towards his wife to make her recede  from this agreement to which discovery the defendant demurrer for that it be  not a matter proper examinable or relievable in this court and the demurrer be  allow there be also a plea of the statute of fraud to that part of the bill  that relate to the agreement which be overrule but the benefit thereof save to  the hear No further account of the cause appear Reg lib a fol vide page v neal  ante and case cite in not there Vernon chancery case er p
case hinton against ROFFEE Trinity term car roll to debt on bind a plea that  it be corrupt agree to pay more than legal interest be bad unless it special  state the corrupt agreement and the amount of usurious interest SC Mod debt on  a bind the defendant plead quod corrupt agreatum to be that interest shall be  pay for it above the rate of six per cent a the plaintiff demurrer and hold  good for that the plea do not show what interest nor that the bind be for the  very money but only by intendment to wit super agreamento pillage the bind be  give and do not say express pro eaden money judgement for the plaintiff for  that they will not easy avoid a bind and the corrupt agreement shower KB ought  to be special and particular set forth and the quantum of interest otherwise  the plaintiff can never tell what to answer a see the statute car c and Ann c  shower KB er p
case hinton against Wilmore in debt on bind to pay and interest a declaration  for the only without demand the interest be good debt on a bill under seal to  pay five hundred pound and interest until the defendant take up the note the  plaintiff demand in his declaration the five hundred pound only demurrer  thereto c see hawk p c ch S notorious facts and king v Marriot shower  notorious facts d king v Robinson burr king v Harris term Rep shower KB er p  and it be say by the defendant counsel that the plaintiff can not sue for the  principal without the interest and that he can not divide they but hold to be  well enough for that the direct obligation be to pay the five hundred pound  and judgement be give for the plaintiff
case HITCHMAN against porter Trinity term car roll in a action for a malicious  prosecution it be sufficient for the plaintiff to say that he be fixed by law  modus acquietatus without add ind cro James strange Com dig dougl term Rep  term Rep error of a judgement in the common plea the error assign be whereas a  action upon the case be bring in nature of a conspiracy that the defendant  falsely et wickedly impose upon he sin ankle felon and cause he to be arrest  thereupon and bind over to the assize and exhibit a bill of indictment against  he for that suppose felony and cause he to be indict and detain in prison  until he be fixed by law modus acquietatus and he do not say ind which be a  principal word and the principal cause of damage and it be say that in style v  pricket for this point judgement be reverse and that in this term for this  default in the like action betwixt the same party judgement be give quod to  express grief nothing to wrinkle per breve and this judgement here in question  pass sub silence say adjournatur a a it be move again and adjudge for the  plaintiff post croak car er p
case hoard against tenison in case the precise day be not material and if you  force the plaintiff to vary from it it be no departure action upon the case  for six several promise all of they lie the twentyfirst of October the  defendant plead infra tatem general the plaintiff reply special as to two of  the promise prcludi non debet because the defendant be of full age at the time  of make they and quoad placitum as to the rest it be pro unavoidably clothing  accord to his degree the defendant demurrer because the replication be  repugnant in itself it be impossible that a man shall and shall not be of age  on the same day per curium the day be but circumstance and not material and no  part of the issue a man be not bind precise to the day in his declaration and  if you force he to vary from it it be no departure judgement for the plaintiff  a   light b b in Hilary term Geo it be adjudge on the authority of the above  case that if a ship be seize as forfeit under the navigation Act car c by a  governor in a foreign country belong to great Britain the owner can maintain  trespass against the party who seize the ship although he do not proceed to  condemnation for the property be divest out of the owner by the forfeiture  Wilkins and other v Despard term Rep modern report er p
case hob against TEDCASTLE Hilary term Elizabeth roll if the principal die  before the capias be award against he the bail upon hearing complaint may he  discharge post I roll Abr Jones Lut more cro James pop style Hutton Leon ld  raym strange will burr Bac Abr Bac ab dougl term Rep term Rep b it be move  again and adjudge for the defendant croak Elizabeth er p hearing complaint the  case upon demurrer be Tedcastle sue a bill of debt against Holloway in this  court who put in bail Hobbs the plaintiff and another which be enter in this  manner that they acknowledge that if the defendant be condemned in that suit  that he shall pay the condemnation or render his body to prison otherwise they  will pay the condemnation for he afterward Holloway the defendant be condemned  and die before the condemnation satisfy or his body render c whereupon a to  know facias be award against the bail and after two nihils return execution be  award and the plaintiff take in execution whereupon he bring this hearing  complaint surmise the death of the say Holloway the defendant the court demand  of Kemp their course in this case of the time of award execution against the  bail who say that always after judgement they award a capias against the  defendant and upon a non be invention return they award a to know fqeias  against the bail but there be not any capias award he e against the defendant  the court hold it to he very reasonable not to sue execution against the bail  until there be default in the principal the reconusance of the bail that the  principal shall render himself c be to he intend upon process award against he  c and here there be not any process award against he in his lifetime and  therefore the bail be discharge and so it be adjudge for the plaintiff
case Hobart versus abbot Lord chancellor king Eq can ab pl a old mortgage be  make to b for pound who in make a under mortgage to c for pound c bring a bill  to foreclose b the original mortgagee or in case of his death his  representative ought to be make a party in a bill to foreclose the case be a  make a mortgage for a term of year for secure pound interest to b who so long  since as assign the term to c redeemable by himself on the payment of pound b  die c bring a bill against a to redeem or be foreclose and though but a  derivative mortgagee yet he do not make the representative of b the original  mortgagee party cur here be plain a want of proper party b have a right to  redeem c and to prevent another account as to what be due upon the original  mortgage his representative ought to be before the court Reg lib a fol see  bishop of Winchester v Beavor Ves norrish v martial mad tailor v atwood peer  William er report date case tailor versus atwood Lord chancellor king Eq can  ab pl where a infant be defendant the service of the subpoena to hear  judgement must be on the guardian not on the infant where a infant be  defendant the affidavit of service to hear judgement must be that the guardian  be serve not the infant and this as it seem though the infant be above  fourteen or want ever so little of twentyone and the serve of the infant be  not good for non constant but the infant may be in his cradle or shall it  appear by the bill that he be near twentyone yet be not able to defend himself  the service must be on the person appoint by the court to defend he so freeman  v Carnock dick
case hocket and his wife against STIDDOLPH and his wife a action by husband  and wife for assault and battery be cure by a verdict find the battery on the  wife only S C vent S C vent in a action of assault and battery bring by the  plaintiff and his wife against the defendant and his wife the jury find quoad  the beat of the plaintiff wife only that the defendant be guilty and quoad  residuum they find for the defendant Scroggs sergeant move in arrest of  judgement that the declaration be not good because the husband join with the  wife a see Drury v Dennis Yelverton Brownl side a which he ought not to do  upon his own show for as to the battery make upon he he ought to have bring  his action alone and the find of the jury will not help the declaration which  be ill in substance and thereupon judgement be stay but be move again the next  term the court be all of opinion that the declaration be cure by the verdict  and so judgement be give for the plaintiff
case Hodder against sander on execute a writ of enquiry for good sell and  deliver the plaintiff must prove the quantity and value assumpsit for one  hundred and fortyfour pound part for ware sell and judgement by default writ  of enquiry award and execute at Topsham in presence of Shapcott and Tremaine  counsel Shapcott will not prove any thing of the sale and delivery or the  quantum that be sell but say the defendant have confess it or at least it lie  on they to disprove it and so the jury give the whole full damage to one  hundred and fortyfour pound now upon affidavit thereof the writ of enquiry be  set aside on that account that the plaintiff ought to prove the quantum and  value ex motion of me vide Yelv Goodwin v overet
case Hodges against cox Eastek term Elizabeth roll foreign attachment plead to  debt on bind by a administrator be have without it show that it be for the  intestate debt and due by specialty ante keb sand Com dig debt by a  administrator upon a obligation of l make to the intestate the defendant plead  that he have commence a action of debt of l against the plaintiff by the name  of administrator to her husand before the sheriff of London and upon nothing  return c that debt be attach in his hand and plead all the custom of foreign  attachment in London and that by judgement this debt be attach in his hand c  it be thereupon demurrer and adjudge to be no plea first because the plaintiff  sue here as administratrix to her husband et non constat by the bar that the  debt recover in London uva the intestate debt but only that she be sue they by  the name of administratrix and that may be although she be sue for her proper  debt as the book be that one may be sue by the name of heir for his proper  debt and then the intestate debt can be attach for the proper debt of the  administratrix second it be not show that the debt recover in London be a debt  by specialty othrwise it be not demandable against a administrator three it be  not show that the custom be that if the intestate be indebt to the plaintiff  there and the plaintiff be indebt to the intestate that by a action bring by  the plaintiff there against a administrator that this debt may be that the  plaintiff be indebt to the same person who he sue that then he may attach but  here the defendant now be plaintiff in London be not indebt to the plaintiff  here who be there defendant now be plaintiff in London be not indebt to the  plaintiff here who be there defendant but be indebt to the intestate croak  Elizabeth fourthly the judgement in London be de good not common with others  which can extend to good having made no will wherefore it be adjudge for the  plaintiff
case Hodges against nicholas the misprision of the clerk in a return to a writ  of enquiry may be amend though the omission be material SC Lut SC n Lut SC  comb SC skin case judgement by default writ of enquiry and judgement c sir  John holt after error bring move to amend a omission in the return of the writ  of inquiry videlicet army short catalog et per sacrament because the return be  right but in make up the record the clerk have omit those word and if the  omission be in the most material thing it ought to be amend the clerk have a  good record to guide he and be mistake it it be but the clerk omission and  amendable the writ of inquiry upon the file be right levinz sergeant oppose  the amendment and labour it very hard it be a matter of substance and not of  form and cite latch palmer Rep Jones shower KB but by the court it be only a  mistake of the clerk though it be material yet it be amendable and that  without cost it be after the suit be end here
case Hodges against smith a defeasance though make subsequent to the bind to  which it relate may he plead in bar to debt on the bind post   light b a sand  more Carth debt upon a obligation of the defendant plead that after the  obligation make the plaintiff by his indenture show in court covenant and  grant unto he that df he pay I at such a day that the obligation shall he void  and allege in facto that he pay it at the day c the plaintiff hereupon  demurrer for it be move on his part that he make after the indenture it can he  plead in bar thereof but he ought to take his advantage thereof by way of  covenant and it shall not enure as a defeasance or release but the court hold  the contrar that he may well plead it in bar and shall not he put to his writ  of covenant by circuit of action and therefore they all hold that the  plaintiff shall he bar see Ann c
case Hodges against templer if judgement be give in any term it may be enter  upon the roll as of the same land in which it be give at any time after ante  rule be for judgement in Hilary term be twelvemonth but cost be not tax Mr  clarke out of kindness to the defendant give time for settle the cost until  easter term and before cost settle and judgement enter the plaintiff die the  last Hilary term the attorney enter up his judgement as of Hilary term before  videlicet the time that the rule be pronounce and now upon motion it be set  aside for irregularity and they direct they if they please to enter it as of  Hilary last be the term that they real bad enter it and enter their  continuance till then for the court can not take notice of the plaintiff death  holt chief justice if one will enter a judgement as of a term be must actual  enter it before the essoinday of the succeed term otherwise it shall only  relate to the term of which he enter it and if judgement be sign in Hilary  term and in the subsequent vacation the defendant sell land and before the  essoins of easter term the plaintiff enter his judgement it shall affect the  land in the hand of the purchaser and if one enter judgement so in vacation  when indeed the party be dead if he be live in the precedent term the  judgement be good by relationSee Lord mohun case ante tooker v duke Beaufort  burr mayor of Norwich v berry burr b modern er p
case Hodgkinson against wood Trinity term James roll if a testator devise land  to his wife for life with remainder in fee and after make a lease of the same  land for year to begin after his death it be a revocation of the devise during  the term ante cro Elizabeth Cowp dougl ejectment upon a special verdict the  case be that John Roger be seize of this land in fee hold in soccage and  devise it by his will in write to his wife for her life fee c and afterward  lease by write the say land for two a   b croak James er p year to begin after  his death the question be whether that be a countermand of the will henden  sergeant move that it be not any countermand but only for the two year and  cite one marshal case in this court a to be adjudge accord but Hutton and  winch be only in court conceive it to be doubtful in regard the lease be make  to take effect at the same time when the will take its effect but if he have  make the lease for year to commence present which may well have determine in  his life it have not be a countermand therefore they require he to search the  precedent by he cite and to show they in court and then they will deliver  their resolution b
case Hodgson versus hitch all Rep Barnardist Eq Abr c viner Abr pl vern wms  vezey vezey atk atk see also brown parole evidence admit to ascertain the  person the testator intend shall take a legacy a man make his will and thereby  devise part of his real estate to Bit who be his heir at law pay pound which  he owe on bind to steel and devise the surplus of his personal estate to the  plaintiff who bring this bill and suggest that the testator do not owe any  money to steel but the mean by that devise be pound he owe by bind to grace  beck then marry to the defendant and that the precedent in chancery testator  know her to be marry but forget her husband name call he steel instead of  Hitch and this be prove by the person who draw the will and another the  payment be decree accord de boundary S the number three in curian porter
case HODGWORTH versus Crawley July a devise of a annuity clear for a mean free  from tax a devise to trustee of a sum of money to be lie out in the purchase  of a annuity clear for a Lord chancellor I must direct the trustee to lie it  out in the purchase of a annuity free from tax which be the proper meaning of  the word clear so Brewster v Kitchell salk ld raym Bradbury v wright dougl  Blandford v Marlborough post contra green v Marygold vin tyrconnel v Ancaster  Ves Dacosta v Villareal l bro cham Rep note vide Nicholis v leeson post vol
case hoe against marshal Hilary term Elizabeth roll a issue whether the  obligor of a bind appear in court upon the day mention in the condition shall  he try per pais and not by the record post   light Bac Abr Bl Com debt upon a  obligation the condition be that if Oshert full shall not appear at the next  Apelles be in Thetford to answer to the plaintiff c if then the say Oshert  before the first day of October find surety to answer that then c the  defendant plead that the say Oshert appear at the next court the plaintiff  reply that he do not bee ear et de hoc to put down see super native land and  upon this issue be join and find for the plaintiff and it be allege in arrest  of judgement that this be mistried for it shall he try by the record and not  per native land forevery appearance be upon record but the court hold the  trial good for it appear not that he appear and that his appearance be upon  record but his plea be that he appear at such a day n the court which may he  and his appearance not enter and yet by it his bind be save and he himself do  not conclude prout et de think over and Wray say that appearance at such a day  may be try epais but appearance general shall he try by the record and gawdy  say if it he mistried it be aid by the statute Henry and it be the next term  move again and a rule give if the cause he not show the next day that  judgement he for the plaintiff
case HOGOBERT against HOXELEY and spike if one of two defendant in a action of  account die the writ shall only abate quoad that defendant strange ray Com dig  account against two one of the defendant acknowledge the action the other  plead Wunjues son receiver c and judgement be present give against he who  acknowledge the action and issue join upon the other and find against the  defendant and judgement be also give against he Kemp say that in the time of  Wray chief justice it be adjudge that where one of the defendant acknowledge  the action that it shall bind his companion and the entire judgement shall he  give against both then Daniel sergeant move that one of the defendant be dead  and so the whole bill shall abate although it be after the judgement and to  that purpose cite Edward pl and Edward pl but gawdy conceive it shall not  abate the writ but against that defendant only who be dead a vide I Henry pl  Edward pl Henry pl I et adjournatur a by will c if one defendant die and the  action survive against the other it shall not abate but the death be suggest  on the roll the action shall proceed against the survive defendant croak  Elizabeth er p
case Holborn widow against sir fillip lloyd the court of the verge may try a  indictment for murder commit within the limit of its jurisdiction a person  convict of manslaughter and appeal can not demand his clergy until he be  arraign on the appeal indictment for murder within the verge and on a trial  there the defendant be convict of manslaughter though by some hold to be plain  murder shower KB the defendant appear in the court of king bench and the widow  have bring her appeal he pray his clergy and that his prayer may be record but  the court deny it and say he shall be first arraign on the appeal which the  widow of the party slay have bring and so he be and then have a week time give  he to plead and as to his prayer of clergy they say they will consider of it  and so do in the case of widow Samson v Tothill a a Hardw a easter term car  side see the case of Siddins v Johnston post and gore v deering Mod in which  it be agree that the court shower KB er p
case holbrook against DOGLEY Michaelmas term James roll if judgement be quod  to take in hand where one of the defendant be a infant it be erroneous post  roll ab   b   light bridge error of a judgement in ejectment against four  where one of they be a infant who appear by his guardian upon not guilty plead  the verdict be find for the plaintiff and judgement be against they quod to  take in hand the error be assign for that cause for no such judgement ought to  be give against a infant nor ought it to be that he shall be imprison and it  be therefore reverse although it be move by Damport that where way et arms be  in any action against a infant for that it be de son tort demesne there a to  take in hand shall be the judgement against he but the opinion of the court be  otherwise wherefore it be reverse see will and mary c by which the to take in  hand pro without be take away a because the condition not appear simoniacal it  be not aver that the bind be give for simoniacal purpose ante more hut Leon  croak James er p
case hold against Sutton whether debt by executor for a escape of one in  execution of a judgement of the testator in the debet and to hold off be help  by the verdict S c ld ray debt by a executor for a escape of one in execution  on a judgement of testator and declare in the debet and to hold off and after  verdict this move in arrest of judgement and it be doubt whether it be help by  the general word of matter of like nature in the statute of car to maintain it  at another day be quote side keb that be that it be help after verdict but  holt say that debet always be where the action be in the party own right et  adj
case HOLDRINGSHAW against rag Trinity term Elizabeth roll a man can justify  enter another house by licence of his servant to demand a debt ante Plowd to  Rep trespass for enter into his house and take of his good the defendant plead  quoad the take of his good not guilty quoad residuum that the plaintiff be  indebt unto he in such a sum and by licence of the plaintiff servant the door  be open he enter to demand his debt which be the same trespass the plaintiff  demurrer adjudge to he no plea for the servant licence be not to any purpose  and one can enter into another man house by colour to demand his debt especial  it be not aver that the master who be the debtor be then croak Elizabeth  within the house but gawdy conceive that if it have be aver that the master be  then within the house the plea have be good as in the case of Henry where one  enter into the plaintiff park to show he his evidence to avoid a suit hetwixV  they it be there allow to be a good plea wherefore it be a djudg d for the  plaintiff
case holiday against hicks easter term Elizabeth roll see moss v Hancock b  trover will not lie by a master against his servant for money which he have  receive for his master good ante Noy salk stram bull n p tro her and  conversion of twentyfive pound the defendant plead not guilty and that jury  find a special verdict that the defendant be servant and factor of the  plaintiff sell twenty quarter of his master corn for and receive it convert it  to his own use Stephens move for the defendant that this verdict be find for  he for this be never in his master s possession nor his money and this action  lie not but rather a account I this also be money out of any bag wherefore c  but Fenner hold that/it be find f r the plaintiff for the possession of the  ervant be the master possession and it be as if he always have it in  possession and it have be adjudge that the servant be robbed the master may  well bring the action and that be Lord rich case Clench doubt el adjournatur a
case holiday against hicks if a man steal gold and change it into silver on  his conviction the owner shall have restitution of the silver Noy Bulst style  loft hawk Bl Com t Rep the case be move again a when all the court resolve for  the plaintiff for by the contract and receipt of the moneyj the property  thereof be in the plaintiff Fenner say that it be adjudge where a servant take  gold from his inaster and change it into silver that the master shall have  restitution of the silver by the Henry c ill and this be Hanherries case  wherefore it be adjudge for the plaintiff but afterward error be bring thereof  it be reverse for all the ustices and baron resolve that this action lie not  for money find unless it he in a bag or chest
case holland against dantsey and other a writ of estrpl eme nt be grantable in  a action of damage ante S c more   b Bl Com say vide more and yely con error  to reverse a common recovery in Lancashire in a writ of entry and while that  be depend a writ of estrepement be award and a attachment thereupon and now  the defendant who come in by the attachment move that this writ of estrepement  be not grantable in this court upon this writ of error first because that in  the first writ wherein damage be recoverable it be not grantable vide Henry pl  but the court hold notwithstanding this reason that it be well grant for more  damage may he do by the waste than may he answer Secofidl that in a writ of  error estrepernent lie do for he be here to be restore to all that he lose and  therefore there be not any cause to stay he three for that he come in by  conveyance of the party for a common recovery be account but a conveyance in  law but of those last the court will advice el adjournatur
case holland against stoner word not actionable ante cro Elizabeth cro car hob  error of a judgement in the king bench in a action for these word thou art a  lewd fellow thou do set upon I by the highway and take my purse from I and I  will be swear to it the error assign be because a action lie not for these  word for he do not charge he with felony nor with rob of he or with any  felonious take croak James er p away his purse and it croak throw may be he  take it away in jest or for some other cause and it be not any direct slander  and all the judge and baron be of that opinion wherefore the judgement be  reverse
case holland case interrogatory against a attorney holland a attorney of the  court inform his client that he have enter up judgement two year before but  can not sue execution by reason of the writ of error pen when in truth there  be no judgement enter and for this notorious practice be order to answer  interrogatory and here it be agree that if interrogatory be not exhibit in a  week the recognizance enter into for answer they be discharge of course it be  likewise agree by the court and sir Samuel Ashtree master of the crown office  that in all case the party have four juridical day to answer the interrogatory  though they be exhibit in vacation but if he do not answer in that time he be  to be commit upon motion
case Hollee versus Weedon maii in court Ch can S c action of debt bring  against a heir upon the bind of his ancestor who plead a false plea and the  plaintiff have a verdict the defendant die before the day in bank and devise  his land to I S the obligee bring a bill against the devisee to be pay his  debt bill dismiss one Thomas castle become bind to the plaintiff for payment  of pound and interest and die and some land of which he be seize in fee  descend to jane his daughter and heir jane die and the land descend to Robert  her uncle and heir the plaintiff sue out a original against Robert who plead a  false plea and the plaintiff have a verdict at law for recovery of his debt  but Robert die before the day in bank have devise his land to the defendant  his son the end of this bill be to affect the land in the hand of the  defendant with this debt recover at law but render Vernon chancery case  fruitless by the hand of God and the case of Parker and do you be cite as a  precedent near this case Lord chancellor dismiss the till there be no colour  of equity in the case unless you will have it that Robert die malicious before  the day in bank on purpose to defeat the plaintiff of his debt see saint car  cap I James cap also see saint pound wm mark cap Vernon chancery case de term  S the number three James two in curian porter
case HOLLINGSHEADS case it be not actionable to call a woman a bawd but it be  cognisable in the spiritual court SC post post Jones roll ab Freem lev salk  Mod Holinshed pray a prohibition to stay a suit in the spiritual court for  defamation for speak these word thou art a bawd and I will prove you a  bawd  And because these be word proper determinable in the spiritual court and  for which no action lie at the commonlaw a prohibition be deny but for say  thou keep a house of bawdry this be matter determinable at the commonlaw by  indictment suit shall not be in the spiritual court vide Henry and   a croak  car er p
case Hollingworth against ascough plea amount to the general issue be have  vide   light b Mod side hearing complaint upon a defeasance of a statute of  and ground the hearing complaint upon the defeasance the defendant say that he  make another defeasance without hoc that he make that defeasance and it be  thereupon demurrer because he ought to have plead the general issue non  estfaclum for this plea amount to no more and of that opinion after argument  by the sergeant be all the court wherefore it be adjudge against the defendant
case HOLLOWAYS case Trinity term car roll estoppel S C Freem S C sand S C keb  lev raym more Allen cro James   light cro Elizabeth stram roll Abr term Rep l  term Rep term Rep the condition of a bind for performance of covenant in a  indenture do estop to say there be no such indenture but do not estop to say  there be no covenant
case Holman against chute easter term James roll in c b a executor may bring  debt for rend on his own lease of land in the debet et to hold off although he  have the lease as executor ante S C winch Brownl Carth Mod Mod Mod Mod cro  Elizabeth hob roll Rep debt for three hundred pound in the debet et to hold  off for that the plaintiff by indenture by the name of Philip Holman executor  of John Holman demise to the defendant such land which he have by extent for  such a debt recover by John croak throw Holman habendum for so many year  render such rend and for three year arrear bring the action whereupon it be  demurrer because the action be bring by he in the debet et to hold off upon a  lease of land which he have as executor croak James er p say non allocatur for  it be not bring by he as executor although he be name executor in the  indenture and this action be of his own contract and although he make the  lease as executor yet make the lease for year by indenture if he have any  other title it passes well enough and be upon he own contract and shall have  debt for it as if he be seize in he own right Jones justice remember the case  of sir George reywell a where in debt against he for the escape of a prisoner  who be in execution upon a judgement in the time of the testator be in the  debet et to hold off although the escape be in the time of the executor yet be  for debt due to the testator it ought to have be in the to hold off b for  there be no act by the executor and the debt be due to he mere as executor  wherefore it be adjudge for the plaintiff
case holme against hunter good take on a to lift up can be deliver in  execution in trespass for take good the defendant justify by a judgement in a  courtbaron and that the good be take by a to lift up and deliver to he be  plaintiff in execution to this there be a demurrer judgement be give for the  plaintiff for that good so take can be deliver in execution but perhaps they  may sell they and so raise the money or have appraise they another doubt be  whether a distringa and not a to lift up be not the proper process three  whether a manor quatenus a manor have a courtbaron to hold plead it be modern  report true it have eastern nomin a courtbaron to have suit but it be doubt  whether to hold plea without prescription
case holme against lucas a declaration in assumpsit must show the certain  cause of the promise vide post hob   a cro James cro Elizabeth side Noy bull  show Com dig Bac Abr assumpsit the declaration and writ be quod cum  indebitatus to be to the plaintiff in fifteen pound in consideration whereof  he assume to pay unto the plaintiff the say fifteen pound c the defendant  plead non assumpsit and find for the plaintiff it be now move in arrest of  judgement that this declaration be not good because it be general indebitatus  assumpsit and do not show for what cause videlicet for merchandise sell or  money lend or for other cause which lie in contract for if it be indebitatus  by judgement or by special which lie not in contract a assumpsit in  consideration thereof will not lie because damage recover ill a assumpsit can  be a bar to a debt upon a record or special henden sergeant for the plaintiff  agree that such a declaration have not be good if the defendant have demurrer  to it but have now plead non assumpsit and the jury have find quod assumpsit  it shall be intend that he assume for such a debt which lie in assumpsit and  therefore the defendant have make his declaration good and as to this point  diverse precedent have be in this court that after verdict it have be hold  good and the plaintiff have judgement and many precedent be allege to have be  the other way in the king bench and exchequerchamber it be appoint that  precedent on both side shall be search and in the mean time curian advisare  vult a a resolve that the omission be not aid by the verdict foster v smith  post and see Avery v Hoole Cowp dougl croak car er p
case holms against BROKET Hilary term James roll to debt on bind condition to  pay on the thof June a plea of payment on the that of June secundum form c be  bad after verdict for the issue be dehors the condition ante post error of a  judgement in the common plea the error assign for that in debt upon a  obligation the condition be for the payment of sixty pound upon the that of  June James at his house in fleet street croak throw the defendant plead that  he pay the foresay sum of sixty pound the that day of June year James at the  say house secundum form et execution endorsamenti prediction the plaintiff  reply that he do not pay it the foresay that of June c and issue thereupon and  verdict find that he do not pay it the foresay that of June and judgement  thereupon error for that cause assign for the issue be take debtor the matter  of the condition and so a ill plea and void issue for it may be true that he  do not pay it the that of June yet it may be pay upon the that of June and  although it be show to be a ill plea yet it shall be aid by the statute of  Henry c but it be resolve that it be not aid for it be mere void and no issue  be find for the plaintiff for it may be that the obligation be not forfeit  notwithstanding this verdict but if the verdict have be find for the defendant  that the payment be the that of June peradventure the verdict have make it  good as in the case of chamberlain v Nichols a for payment before the day be  good payment at the day and the plaintiff have not cause of action but  nonpayment at the day before the true day in the condition be not a nonpayment  at the day for it may be that he pay it upon the that day although it be not  pay before wherefore the judgement be reverse b
case holms against ivy a bind condition for the delivery of tile to the value  of at S d a thousand be good for the sum of although the number of tile at the  price mention do not amount to that sum ray lev keb style Mod n Lut term Rep  debt upon a bind the defendant demand oyer of the condition which be for the  delivery of thirtyfive thousand tile to the value of one hundred and fortyfour  pound at fifteen shilling and sixpence per thousand he plead that he do  deliver the full number of thirtyfive thousand tile worth fifteen shilling and  sixpence a thousand the plaintiff demurrer because he do not allege that they  be in all worth one hundred and fortyfour pound which be the thing that they  intend and the penalty be double the sum videlicet two hundred and eightyeight  pound note the condition shall have be to deliver one hundred and eightyfive  thousand tile which accord to the condition will have amount to the full sum  of one hundred and fortyfour pound shower KB Scroggs chief justice say it be  just to supply mistake in the condition of bind and it seem very plain that  the intent of the party be to satisfy a debt of one hundred and fortyfour  pound and that they agree it shall be pay in tile at fifteen shilling and  sixpence per thousand and it be the sum of money and not the number of tile be  the thing material we shall not therefore invalidate the bind and if accord to  the mistake the condition be impossible and can be perform then it be against  the defendant too for then the condition be void and the bind good because  single and still Obligatory so a bag of hide way it be with the plaintiff and  accord judgement be give for the plaintiff
case holms against TOSTWOOD to assumpsit for money lend and a plea of payment  to the plaintiff factor a replication that the defendant afterward promise be  good after verdict assumpsit for that the defendant on the August James be  indebt to the plaintiff fifteen pound which he have borrow of he promise to  pay it upon request and allege request and nonpayment croak throw the  defendant plead that before the say August James he be indebt to the plaintiff  in the say sum of fifteen pound and pay the say fifteen pound before the say  August James Viz upon the June James to I S the plaintiff factor to the use of  the plaintiff without hoc quod postea assumpsit modus et form c the plaintiff  say quod postea assumpsit modus et form whereupon issue be join and find for  the plaintiff it be move that the defendant allegation of the payment of the  say fifteen pound take away the consideration and therefore he ought to have  traverse the payment and not the assumpsit for the consideration be take away  the assumpsit fall say non allocatur because the payment be allege to be make  to a stranger to the plaintiff rise and it be not aver that he accept thereof  or that it be pay to his servant by his command for otherwise it be no payment  also when the issue be quod postea assumpsit and find for the plaintiff it be  to be intend that it be afterward lend by the plaintiff which be find by the  verdict in find quod assumpsit for otherwise they may not find the promise  accord to the declaration wherefore it be adjudge for the plaintiff
case HOLOWAY against thurston if the statute of limitation be plead to a  action for l a replication that a latitat for l be sue out without aver it for  the same cause be have in a action on the case c the plaintiff declare and lie  his damage to four hundred pound the defendant plead the statute of limitation  non assumpsit infra sex aged the plaintiff reply that he sue out a latitat to  take the defendant two year before the action bring for one hundred and fifty  pound and upon a demurrer to this replication it be insist for the defendant  that these be different action for no man will take out a latitat for one  hundred and fifty pound and declare ad damnum four hundred pound it be true if  the plaintiff have aver it have be one and the same cause of action it may  have be otherwise and so it be rule by the court
case holt against lister forfeiture ante S c Owen   light a more viner roll  Abr wood con term Rep tenant for life remainder for life he in remainder for  life recite that he have the estate in fee levy a fine sur conusance de law  come Ceo e the conusee bring a quid law proclaim the tenant for life make  default whereby he be adjudge to attorn which afterward he do the question be  whether both their estate be forfeit the one by the fine the other by the  attornment thereupon and all the court agree that the first estate be not  forfeit because the attornment be by compulsion of the court upon his default  of appearance and not upon his mere motion and Walmsley and king smil hold  that the second estate be not forfeit by this fine because the fine be not any  discontinuance croak Elizabeth and nothing pass thereb but what he may lawful  pass but Anderson and Glanville contra because the forfeiture be not only  where there be a discontinuance but where he do act in a court of record  whereby his will may appear to disinherit he in reversion as where he pray in  aid of a stranger or in waste bring by a stranger he plead nul wastfait and so  admit the reversion in he
case holt versus burley Eq can ab pl pre Ch S Q a proviso in a settlement if  the wife survive her husband they not have issue between they then she may  revoke the settlement husband die leave a son who die in the life of his  mother she may revoke the settlement a settlement make on the marriage of  William bullock with Sarah Gill of a estate of the wife call Haylehurst limit  to the husband and wife for life remainder to their Vernon chancery case er p  issue remainder to the right heir of William bullock the husband a proviso  that in case the say Sarah survive the say William bullock they not have issue  between they lawful beget that then the say Sarah may revoke the former and  limit new use William bullock die Sarah survive he and they have issue John  who die in the life of his mother the question be whether in regard there be  issue live at the death of the husband the power of revocation do arise the  plaintiff be heir at law to William bullock insist Sarah have no right to  revoke and cite the case of Vernon chancery case Brett and partridge to refund  pound of the portion if the wife die without issue in two year after the  marriage there be issue of the marriage who die within two year yet adjudge  there be once issue no refund e contra Vincent and lee in Leonard if my son  depart this world not have issue Leonard I Le v Goodwin and clarke Lord  chancellor No room for any doubt in the exposition of the word and meaning if  the wife survive her husband they have no issue that be not to be confine to  the moment of his die but take in the whole time of her life that she survive
case holt versus holt all Cf sprake v day Ch Nov Eq can ab pl pl Ch can S c  plaintiff father seize in fee of land article to pay I S pound to build a  house on the promise and die before the house be bud the plaintiff the heir  may compel the builder to build it and his father executor to pay for it James  holt the defendant late husband and father to the plaintiff article with I S  touch the building of a house and covenant to pay I S pound for the building  of it and before the house be build die intestate the plaintiff the son and  heir on who inheritance the house be to be build bring his bill against the  widow and administratrix to compel her specifical to perform this agreement  and decree accord the matter stand over for the master report Reg lib a fol  afterward that July the cause come on upon the master report when some dispute  have arise as to the proportion of the money the house will require over and  above the pound between the heir and administratrix the be in the first place  order to be lie out pursuant to the article but do not contain any direction  whether to be pay out of the real or personal estate Reg lib a fol this  however appear to be the meaning of the order for afterward Trin term the  matter come on again when it be order that the plaintiff the heir shall be at  liberty to prosecute the suit against the defendant the administratrix and the  builder for the building the say house and lie out the pound thereon pursuant  to the say article Reg lib a fol vide Osgood v stride p wms Vernon v Vernon  ibidem Lechmere v earl of Carlisle p wms rook v Warth ves so on the other hand  where a article to sell land and die before the conveyance make the heir be  decree to convey and the purchase money to be pay to the executor Baden v  countess of Pembroke ante
case Holton against cross in a action on the case if a verdict be for four  hundred pound judgement for three hundred pound be good though no eat without  die for the residue a verdict find any assumpsit modus et form as allege  without say prout be erroneous error on a judgement in a inferior court in  indebitatus assumpsit for four hundred pound the jury find damage to three  hundred pound and judgement be accord quod recupere three hundred pound and no  eat without die as to the rest non allocatur shower KB because in case  otherwise if it have be in debt another exception take be that the jury find  the assumpsit modus et form predict Le plea allegavi et to make known and do  not say prout and hold nought and judgement reverse nisi c
case holy versus lane may if a husband endorses a note give he by the wife as  between he and the endorsee it be good endorsee of a note may recover against  a endorsor though the original drawer be a infant though former endorsees may  not pay a valuable consideration yet if the last give money for it it be a  good note as to he though a note give by a wife to a husband be void yet if it  be endorse over by the husband as between he and the endorsee it be certain  good the plaintiff wife who have a separate estate give a promissory note  Payable to her husband or his order who endorse it over the note be afterward  negotiate and come into the hand of one of the defendant for a valuable  consideration who deny he know of its be endorse over to the first endorsee to  who it be give as a security for the payment of the balance of a certain  account and who name do not appear thereon the plaintiff have also give the  defendant a bind for secure the money due on the note decree that the  defendant be entitle to the benefit of the note there be a dispute between the  defendant and the assignee of the first endorsee as to the right of the note  in question and it be admit that judgement have be recover on the aforesaid  bind and that the principal interest and cost have be pay it be order that  satisfaction shall be acknowledge on the say judgement Reg lib a fol in case  of like nature I have at the sit of nisi prius direct a jury to find for a  endorsee notwithstanding the endorsor have the note from a infant the original  drawer where there be a negotiable note and it come into the hand of a three  or four endorsee though some of the former endorsees may not pay a valuable  consideration yet if the last endorsee give money for it it be a good note as  to he unless there shall be some fraud or equity against he appear in the case  atkins er p
case home against BARNEHAM a bind for forty book be good debt upon a bind  condition for the payment of twenty pound upon oyer it appear to be really to  bind up in forty book yet the plaintiff have judgement
case honeycomb against sweet parson of Barrant in Cornwall a parole agreement  to retain land for so many year certain free from the payment of tithe be a  good surmise in prohibition ante roll ab lev Leon cro Elizabeth say vide  Brownl Owen cro Elizabeth hard Bunbury shower contra Com dig Bac Abr a  prohibition be grant upon this surmise that one bind lessee for year of such  land agree with the parson that he shall retain the land free from the payment  of tithe in consideration of ten shilling a year and of ten load of wood and  allege that he always pay the say ten shilling and ten load of wood and the  other have accept it and that he assign this lease to the plaintiff in the  prohibition it be now move that this surmise be parcel of the agreement and  for rend arrear discharge during the parson life can not be good wherefore it  be pray that a consultation shall be grant but the court hold that the surmise  be good be by way of retainer and that the assignee may take advantage thereof  although it be by parole wherefore they direct he to appear and the other to  declare and that then the defendant shall plead to the issue or demurrer as he  will
case honour versus honour June Lord chancellor article and settlement mention  to be make in pursuance thereof be both make before the marriage but the  settlement vary from the use in the article decree to go accord to the article  article to settle on the father for life the mother for life remainder to the  heir of the body of the mother by the father Vernon chancery case settlement  be to the father for life to the mother for life remainder to the heir of  their two body and the settlement be mention to be accord to and in  performance of the marriagearticle Lord chancellor it appear not that the  party intend to vary the use from the article but seem to be only a accident  and by proof it appear a strict settlement be intend neither party understand  the limitation of the settlement or article but the article happen to agree  with the intention of the party and the settlement do not therefore decree to  go accord to the article although the settlement be make before the marriage  Reg lib a fol vide p wms S c and case cite in not there and in addition the  case cite in not to Beachinall v Beachinall ante vol p et vide note to white  ux v Thornburgh post p
case hook against galloway trover de ten weight England weight good aliter in  detinue trover de ten weight England weight per curium in trover if the jury  can understand it it will be well enough for damage only be to be recover  therein by in detinue where the thing itself be to be recover modern report  easter term the three of William and mary in the king and queen bench sir John  holt Knt chief justice sir William dolben Knt sir William Gregory Knt sir  Giles Eyre Knt justice sir George Treby Knt attorneygeneral sir John summer  Knt solicitor general
case hooper against pierce award of all matter to the time of the award good S  c comb debt upon a bind to stand to the award of two and if they can not agree  to nominate a umpire and the submission be of all action suit and demand to  the time of submission the defendant plead no award make the plaintiff in his  replication set forth a award make by the umpire videlicet that they shall  mutual release all demand to each other to the time of umpirage and assign a  breach the defendant demurrer and it be object that this award be void because  release be appoint to be make of a time out of the submission say per curium  though ancient such a opinion may have modern report obtain yet for along time  such a award have be hold good and that for two reason first it shall not be  intend unless the contrary be show that any other matter arise between the  submission and the make the award and if no matter do arise the arbitrator  have award no more than he shall do and since that a second reason have be add  that suppose other matter to have arise yet as to that the award be void the  general word be to be expound of all matter in controversy at the time of the  submission and as to other matter arise since to be void and if in such case  the party submit to the award shall make a release to the time of the  submission it will be a good performance of the award judgement be give for  the plaintiff modern report er p
case HOPEHILL against Searle Hilary term car roll a lease for eighty et  terdecem aged shall be take for a term of ninetythree year and not for eighty  and thirty ante roll ab   a Carth Powel on contract ejectment upon a special  verdict the case be that a abbot in the twentyfirst year of Henry the eight  make a lease for eighty et terdecem aged the question be only whether in this  case terdecem aged shall be say to be thirty or thirteen ear Prescot for the  defendant argue that it shall be expound for thirty year because it shall be  take most strong against the lessor when there be no proper word for thirteen  but all the court hold that it shall be take accord to the common parlance for  thirteen year terdecem and tresdecem be all one and it be so writ euphony  agreeableness and it be one entire word can be otherwise take but if it be  write as several word it shall be otherwise wherefore without further argument  it be adjudge for the plaintiff and as ball for the plaintiff urge it be after  eighty aged it shall the rather be croak car so intend for if he have mean it  for thirty it shall have be one hundred and ten year but be so writ they agree  it be for ninetythree year and no more wherefore it be adjudge accord for the  plaintiff croak car er p
case HOPESTILL tyndal case ante page a certiorari from the king bench to  remove a indictment of felony from one of the cinque port must be direct to  the mayor and jurats and not to the lord warden see ante hawk p c term Rep a  challenge not hear till the juror be swear and mark can be admit without the  consent of the attorneygeneral see post queen if a prisoner acquit of felony  can be bind to his good behaviour note that the first day of this term  Hopestill Tyndal be arraign at the bar a see car c croak car er p for buggery  suppose to be commit at Hithe be one of the cinque port he be indict there and  the record remove hither by certiorari direct to the mayor and jurats of the  say will and not to the Lord warden of the cinque port the prisoner challenge  one of the juror be the foreman who be swear and mark swear by the clerk  before the challenge be hear by the court and therefore without the assent of  the croak car attorney general then present they will not alter the record and  because he will not assent to alter the record the challenge be disallow and  afterward upon evidence at the bar diverse witness be produce by the defendant  which be hear without oath a but some of they witness matter which the  attorney general conceive will make for the king be upon the desire of the say  attorney swear and after order upon their say oath to deliver their knowledge  the prisoner be afterward acquit but because the evidence if it have be  believe by the jury be very strong against the prisoner Richardson chief  justice and Jones appoint that the prisoner shall be bind to his good  behaviour whereupon against the opinion of myself and justice Berkley he be so  bind
case hopkins against grey a banker stop payment in not a act of bankruptcy and  therefore though hourly arrest yet if be give bail he may until some act of  bankruptcy commit prefer one creditor to other holt chief justice declare that  if a banker or goldsmith who have many people money refuse payment yet keep  his shop open and as often as he be arrest give bail be may by that mean give  preference of payment to his friend and when he have do if be run away yet  such payment shall stand against a commission of bankruptcy banker be declare  liable to the bankrupt law by Geo c a and this be practice in the case of  Sheppard the banker who be almost arrest every hour in the day for several day  before he go off see Elizabeth c James c James c and ex part gulston atk Malin  v Eyloe stram Lindgood v eaden atk b and yet give bail as often and pay his  friend and then go and render himself in discharge of his bailSee Moseley  viner Abr pl in marge c and be put this case if a know b a goldsmith who note  he have to be in a decline condition and c to who a owe money come to demand  it of he upon which a ask he if he will take b s note in payment and he be  Willing to take it and a give it to he be say be doubt if this be not good  payment because here be not any artifice or surprise use but if a go to buy  good of another and offer such a note in payment and the party reply I will  take it if he be a good man and the other affirm he to be good though he then  know he to be otherwise that will not be good payment
case hopkins against pace a replication to a plea of ancient demesne can not  traverse that the tenement but that the manor be ancient demesne SC comb  ejectment ancient demesne plea that it be parcel of such a manor which be  ancient demesne c replication that the tenement in the declaration be  pleadable at commonlaw without hoc that those tenement be parcel de antiquity  of demurrer to it and judgement for the defendant per curian the traverse be  ill you ought to have traverse that the manor be ancient demesne and that  shall be try by doomsday book or else you ought to have traverse that those  tenement be hold of that manor
case hopton and his wife against johns a common recovery reverse because the  feme be a infant and appear in person and not by guardian   cruise on recov  ante error to reverse a common recovery have against the wife and her former  husband in which they be tenant and vouch the common vouchee the error assign  be that the feme be a infant and appear in person and not by guardian and lose  croak Elizabeth and so be as a recovery by default although they appear and  plead for that judgement be give upon default and common recovery be but a  common assurance and not a recovery by title which peradventure shall be good  and a infant can make a assurance and therefore it be erroneous and for this  cause the judgement be reverse
case horn against barber to covenant in the disjunctive the defendant can  plead payment general but must special show which of they he have perform ante    light roll ab cro James Lutw palm Savil Leon cro Elizabeth lev salk Cowper  dougl debt upon a obligation the defendant demand oyer of the condition which  be that if be pay the rend reserve upon the lease of a mill and certain land  during the term of thirteen year at the feast mention within the lease or  within ten day or within six month accord to a latter agreement betwixt they  then croak car er p the obligation shall be void the defendant plead the  indenture verbatim which be of the lease of a mill and certain land mention  therein reserve the rend of forty pound ayear at the four usual feast or  within ten day after and he plead that he have perform all the covenant  payment and agreement croak car contain in the indenture sencundam form et  execution indenturae et creating predict and upon this plea the plaintiff  demurrer and Keeling for the plaintiff show for cause for that the condition  be in the disjunctive videlicet at the four feast or within ten day after  every feast or within six month accord to the agreement and therefore he can  plead payment general for he have election to pay it at which of those day he  will I be of opinion that the defendant may plead payment general but Jones  and Berkley against it because the obligation refer to one of the three time  videlicet the four feast or within ten day after every of they or within six  month where he have election upon which of those day be will pay and he plead  that he have perform the covenant payment and agreement it be no plea to this  condition wherefore they give rule absent Brampston that judgement shall be  give for the plaintiff unless c and afterward judgement be enter accord vide  Edward pl et Keilway Henry pl   b   light b Henry pl Edward pl
case horn against cooper Indebitatus assumpsit on a bill of exchange against  the drawer Indebitatus assumpsit upon a bill of exchange demurrer to the  declaration assumpsit lie not upon a bill of exchange for want of a  consideration salk Lutw Pratt chief justice this set forth that the person on  who draw will not accept and on that the drawer become liable to pay it accord  to the custom of merchant and that be enough it go further that thereupon he  promise to pay but that will not hurt though not necessary judgement for the  plaintiff modern report michaelmas term the eleven of George the first in the  king bench sir John Pratt Knt chief justice sir Littleton powys Knt sir John  fortescue aland Knt sir Robert Raymond Knt justice sir Philip York Knt  attorney general sir clement Wearg Knt solicitor general
case horn against Gilpin one partowner of a ship fraught against the express  dissent of the other the ship and cargo be lose the loss fall whole on the  partner who fraught lib Reg a foe b at the roll that and that Feb one  partowner of a ship fraught it against the express dissent of the other the  ship and cargo be lose and hold by his honour that the partner dissent shall  not contribute that as he will not be entitle to any advantage from the  fraught by reason of his dissent so he shall not be answerable for any loss  but the whole be at the risk of the other partner note this determination be  contrary to the print report of Strelly v Winson vern but that report be not  right but differ great from the decree itself a copy of which be produce in  court by which it appear the decree be find on the partner not express dissent  and agreeable to the record be the report of the same case skin Dexe v  Boyfield before sir John strange late master of the roll be cite but his  honour say that determination be find on vern print report of Strelly v Winson  Charles Cas anon be cite see boson v Sandford Carth one partowner can recover  damage against another by a action at law upon a charge of fraudulent send the  ship to foreign part where she be lose grave v sauncer sir t raym keb lev see  Barnardiston v chapman east see Abbott on ship p as to the case in which the  court of chancery will interfere on the application partowners to restrain the  sail of a ship see hale v Goodson Meriv
case Horner against bonner barren land if it yield a profit be titheable S c  ante suit be for tithe a prohibition be move for suggest the land to have be  barren ground cultivate and therefore ought to exempt so long c curian if land  yield any profit before as wood see the statute Edward c Com dig dime h a c it  be not within the statute and Edward c for it ought to be suapte naturan  barren
case Horner against bonner prohibition for tithe of barren ground new  cultivate refuse SC post prohibition be move for upon the statute of Edward c  for sue for tithe of barren ground new cultivate but it be deny for two reason  first because the suggestion do not allege it to be suapte naturan barren  second that there be no affidavit that it be plead below
case horseman against johnson on a issue whether the manor of a be hold of the  honour of b the venire must he from both manor post Bac Abr trespass the issue  be if the manor of Perton and great hasele be hold of the bonor of Ewelme and  the v venire facias be of one manor only and for this cause it be rule to he  ill and the plaintiff take a venire facias de to make new of both the manor  and the issue be try for he coke and Tanfield croak Elizabeth allege in arrest  of judgement that the v venire facias be not well award but that judgement  ought to he give qubd to express grief nail to take in hand per billam for it  be a mistrial and a v evire facias de to make new be not to he award but for  the same jury or where the verdict be not well examine and the first verdict  be here enter and the writ file so there shall he two verdict of record for  the same thing and both full but it be move again the court hold it to he ood  and the plaintiff have judgement
case horseman against obbins Michaelmas term James roll if a condition be to  indemnify a plea quod to free be not good without show how ante   a march more  cro Elizabeth vent hob Bac Abr see strange white v cleaver in point ld ray  debt upon a obligation of one hundred pound condition that if he save harmless  and indemnify the plaintiff and his land in Stretham in the county of Surrey  demise by one John grey and one John beavis by indenture of such a date during  the term in the say lease from a annual rend of twenty pound reserve upon the  say lease during the say term that then c see car c croak James er p the  defendant plead quod a tempore destroying scribe obligatorii haec usque to  free et uninjured conservavi the plaintiff and all the say land from the say  rend et hoc c and it be thereupon demurrer because he do not show quo modus to  free et uninjured conservavi for be a plea in the affirmative he ought to show  how that the court may adjudge thereof but if he have plead in the negative  non injure it have be good without further plead and of that opinion be the  whole court wherefore without argument it be adjudge for the plaintiff croak  throw easter term James in the king bench sir James lea Knt chief justice sir  John Doderidge Knt sir Robert Houghton Knt sir Thomas chamberlain Knt justice  sir Thomas Coventry Knt attorney general sir Robert heath Knt solicitor  general
case Hoskins against lee prohibition in scandal post a motion be make for a  prohibition to the spiritual court upon a libel there for these word he be a  great rogue as great a rogue as ever be hang and deserve to be hang more than  dr Pins a prohibition be grant because no spiritual defamation modern report  holt chief justice say if a call b a son of a whore he can libel in the  spiritual court but his mother may because in this case it be no spiritual  defamation to the son but it be to the mother a see may v horse post Vincent v  alpy lev lownds v Herbert roll Abr a
case HOTHERSHELL against bow a prisoner retake on escape can pay money into  court the defendant be in custody upon mesne process and have escape be take  upon a warrant by virtue of the late Act of parliament whether c Raymond move  that upon bring the money into court he shall be set at liberty but the court  say they can not do it Mr clerk upon this occasion say that if a man come upon  a habeas corpus and the plaintiff do not declare in two term the defendant  shall be discharge upon fill of common bail without any rule and if one come  in upon habeas corpus though he after put in bail if it be not at the return  of the process he can give rule but modern must wait two term and then if  there be no declaration he shall be discharge upon common bail without cost  whereas if he have put in bail at the return of the process he may spur they  on by rule or if the the plaintiff have without rule pass two term without  declare he shall pay cost and the court say the rule be very hard upon one in  custody and they say it be not the intent of the Act to make escape prisoner  pay the debt right or wrong or to lie in jail for ever and therefore order Mr  clerk to draw up a rule that in case a plaintiff do not declare in two term he  shall be nonprosd and thereupon the defendant discharge
case how against acton rule for judgement per curium if there be a rule for  judgement in one term it must be enter before the essoinday of the next term  or else they must go over to the next term by continuance and enter it as of  the second term
case how against acton Writ of enquiry see Payton v Burdus stram holt chief  justice if plaintiff delay the execute a writ of enquiry till a year after the  interlocutory judgement he can do it afterward without a to know facias modern  report er p
case how be vers haslewood in c b if the action be lie in one county and the  venue in another it be a jeofail and help by the stat that and that of whether  barn S the declaration be lie in the city of Norwich but Norfolk be in the  margin and a writ of inquiry execute there sergeant wright if a action be lie  in one county and the venue be lie in another county it be fatal and not help  by any of the statute of Jeofails and so be several case adjudge roll Rep but  afterward in hill Geo it be hold by the whole court that it be help by the  stat annae c
case how versus tenant of Bromsgrove Eq can ab pl S c bill of peace to prevent  multiplicity of suit be proper in equity there have be two issue direct the  one whether how the lord of the manor of Bromsgrove have a grant of free  warren and the other in case he have a grant of free warren whether there be  sufficient common leave for the tenant upon motion for a new trial the Lord  chancellor say these matter be proper triable at commonlaw and he do not see  what jurisdiction the chancery have of this cause but it be urge the bill be  bring to prevent multiplicity of suit and be in its nature a bill of peace and  a new trial be grant upon payment of full cost reasonable cost Reg lib a fol  and though it be a general rule that a man shall not come into a court of  equity to establish a legal right unless he have try his title at law if he  can yet this objection will not always prevail for there have be a variety of  case both way vide Ewelme hospital v Andover post and case there cite mayor of  York v Pilkington atk and case there cite Fitton v earl of Macclesfield post
case Howard against richardson easter term car roll a variance between a  original writ and the declaration in state the value of the property be aid by  the statute of Jeofails error on a judgement in the common plea common error  assign Mr pollexfen over as far as assign for error a variance between the  original recite and the declaration videlicet in the original property ten  shilling in the declaration property fifteen shilling and so a difference in  the value which be nought Mr holt that ought to have be assign for error upon  record and then we may have have a certiorari Mr pollexfen that can be it be  true that if a error have be assign in any part of the proceed not recite  diminution may be allege and thereupon a certiorari shall go but here you be  conclude for you have recite it so and so which be wrong indeed the want of a  original be help by the statute but a naughty one be not help by any of the  statute of Jeofails except it be matter of form shower KB which reach only to  a fault commit by the clerk in a matter which his client can not inform he in  but this be a thing which the clerk can not know but by the party information  videlicet the value of the good the court this be a matter pure of form and  want of form be help by the statute after verdict now that it be only form and  be not substance appear plain because it be no way material to the purpose and  the same may have be omit it be case judgement affirm unless better cause c
case Howard against the chancellor OF Salisbury a man may marry his wife  sister daughter   light lev rav lev Jones vent Vaugh ld ray saint a Mr master  move for a prohibition to the spiritual court to stay a suit there against a  man for have marry his wife sister daughter allege the marriage to be out of  the levitical degree the court take a prohibition and demurrer to it for it be  a case of moment by Henry c all person not prohibit by the levitical decree  may lawful intermarry soon after make of the Act Lord Cromwell apply for a  dispensation for one Massey who be contract to the sister daughter of his late  wife but the archbishop deny it as contrary to the law of God for as it be  express that the nephew shall not marry his uncle wife it be imply that the  niece shall not be marry to the ant husband Gibson in the case of Wortley v  watkinson Trin car a consultation be award for the same reason upon the like  proximity keb lev Jones shower send for cro Elizabeth S C content more but in  easter term Geo the court of common plea refuse to prohibit a suit in the  spiritual court for marry his wife sister daughter although case be quote  where such a marriage have be hold lawful Denny v Ashwell stram and it have be  also hold that the marry of a bastard who if legitimate will have be within  the like degree be illegal Barris v Jeffel ld ray see burn Ecc law and note    light a
case Howard versus harris see vern SC and with full note wh t l can that  Edward Vol h p Eq can ab pl Ch can S proviso in a mortgage that the mortgagor  or the heir male of his body may redeem decree the assignee may redeem post  case and vide ante case Howard mortgage land and the proviso for redemption be  thus provide that I myself or the heir male of my body may redeem The word of  the proviso be that if he or the heir of his body pay the pound the mortgage  money and interest at two year end the conveyance to be void then a further  sum of money be borrow by Howard and the abovementioned proviso be release by  deed and another proviso contain in such lastmentioned deed that if he or the  heir of his body beget shall at a give day therein mention pay pound then c  and in this case there be a covenant on the part of the mortgagor that no  person shall have the power or benefit of redemption but only himself and the  heir of his body on the effect of such a covenant vide Newcomb v Bonham ante p  note in the principal case a plea as to the redemption be put in but overrule  the question be whether his assignee shall redeem it and it be decree he shall  for if once a mortgage always a mortgage in this case part of the mortgage  estate happen to be in mrs howard jointure and it be admit that she thereby be  entitle to a redemption of the whole mortgage and so it be adjudge in the case  of brown and Edward Reg lib a fol so a dowress pay her proportion of the  mortgage money have a right to redeem a mortgage and to hold over till satisfy  the rest palm v Danby pre Chan and for further investigation of this subject  vide powell law of mort vol ch
case Howard versus Howard eoden die bill for a distribution proper in this  court bill for a distribution of a intestate personal estate the defendant  demurrer for that distribution of a intestate personal estate be proper in the  spiritual court and not here the demurrer be overrule for the reason in the  last case and this court act upon agreement relate to distribution of personal  estate cook v Pratt ves Vernon chancery case er p
case howel against johns easter term Elizabeth roll a court of piepowder be  incident to a market as well as afair but it can take notice of transaction on  a different day than that on which it sit more   b I roll ab Inst skin Keilw  Brownl Bulst   cro James by Com error of a judgement in Gloucester in a court  of piepowder in a action updn the case for word where the prescription be to  have a market every Saturday and a court of piepowder every marketday the  first error assign be that a court of piepowder can be to a market but only to  a fair but the court hold that it well may he to the one or other second  because this action be for word not arise in the market for the market be hold  that June and the word as appear by the declaration be speak that June and it  be hold by the whole court to he error for they can meddle with any matter in  that court but with what happen in the market croak Elizabeth the same day  they also hold that this be not a adion proper for that court for it be only  for matter of contract and for matter arise within the market and by occasion  of the market as battery and disturbance happen there but if the word be by  occasion in the same market it may peradventure he otherwise a three error  assign be because a writ of enquiry of damage be award and no day give to the  plaintiff and thatwas hold to he error but upon view of the record it be well  enough but for the two first error it be reverse see Edward c make perpetual  by rich c
case howel against williams easter term Elizabeth roll Writ of entry at  commonlaw will not lie while the tenant by the courtesy be alive but after  plea he shall he intend to he dead f n Br error upon a judgement in a writ of  entry ad common feature law the error be assign in that it be not show in the  count that the tenant by the courtesy who alien be dead for otherwise this  writ lie not but the writ of entry in similar things grammatical case say non  allocatur for although this action lie not in the life of tenant by the  courtesy so that if he he alive the plaintiff have not any cause of action yet  it shall b so intend especial when the tenant have plead thereto and admit it  and if he be alive the tenant ought to have allege it wherefore the judgement  be affirm
case Howell against king see finch v great western railway company ex d if a  have a way from c to b and occupy land beyond c be can justify use the way to  those land Henry pl bro ab b pl Ro ab vent Mod Lutw ld ray bull n p term Rep  trespass for drive cattle over the plaintiff ground the case be a have a way  over b s ground to blackacre and drive his beast over b s ground to Blackacre  and then to another place lie beyond blackacre and whether this be lawful or  no be the question upon a demurrer it be urge that when his beast be at  blackacre he may drive they whither he will on the other side it be say that  by this mean the defendant may purchase a hundred modern or a thousand acre  adjoin to blackacre to which e prescribe to have a way by which mean the  plaintiff will lose the benefit of his land and that a prescription presuppose  a grant and ought to be continue accord to the intent of its original creation  the whole court agree to this and judgement be give for the plaintiff
case Howell versus price ux e contra Lord chancellor Nov pre Ch pale yellow Eq  Rep Eq can ab pl S c a mortgage in fee be make redeemable on payment of pound  and interest upon any Michaelmas day on six month notice mortgagor die have  devise his personal estate to his wife personal estate not liable to pay the  mortgage there be no covenant express or imply a mortgage in fee for pound be  make redeemable at Michaelmas or at any other Michaelmas on six month notice  and no covenant to pay the money Vernon chancery case the mortgagor continue  in possession pay the interest and by will devise his personal estate to his  wife and daughter towards payment of his legacy and debt accord to the  statement in the bill r l Vernon chancery case er p the question be whether  the personal estate shall be apply in case of the real estate to pay off this  Lord chancellor the personal estate be not liable here be no covenant either  express or imply a issue be direct on another point and the consideration of  the above question reserve Reg lib a fol the cause come on again after the  trial the Lord chancellor then hold that the mortgage money be a debt and  decree the personal estate to be apply in discharge of it vide S g report p  wms and the case on the subject collect by Mr Cox in his note p there
case hoyle against pit to a appeal of murder a plea of autrefois convict of  manslaughter omit the authority of the court can be amend SC salk Pemberton  sergeant move in a appeal of murder that the appellee have plead a conviction  of manslaughter at the gaol delivery at the old Bailey and that he be allow  his clergy but not show by what authority that court be hold that therefore  the plea may be amend it be before issue join or demurrer but the court doubt  whether this can be do by law for the appellant can not amend and therefore  there be no reason why the appellee shall have that liberty in this case if  you amend you make a new roll stram a it be not like other case of amendment  where all be in paper and warrant by the usage of the court for this be all  upon the plea roll No statute extend to amendment of either side in a appeal  by the statute Henry c Henry c Henry c Elizabeth c James c and car c which  enable amendment after verdict all appeal and indictment with the process  thereon be express except but by the commonlaw amendment may be make in  criminal proceed ld ray salk stram lev sand and see king v Wilkes burr where  all the case be collect and the point discuss at large b and it be not warrant  by the course of the court
case hubbard case in trover the place of conversion must he allege ante post  cro car bull n p Com dig action for trover and conversion and do not allege a  place of conversion which be a thing material and be allege in arrest of  judgement the bill be abate a see also Elizabeth c pound Elizabeth c post  croak Elizabeth er p
case hubert against FITZGERARD Hilary term James roll in nullo be erratum be  no admission of a fact that be not assignable for error queen if a ejectment  for the town and land of a contain so many acre be good error special error  assign that John style be return a juror and Paul swear et in nullo be erratum  plead that do not admit the fact because the certiorari be pray and no return  then another error be ejectment for the town and land of Kildarley contain one  hundred and ninety acre if it be not too uncertain and ought to contain more  particular quantity if a ejectment will lie of a villan terrae
case hudson against bank easter term Elizabeth roll rannus shall be intend a  abbreviation of the Christian name Randol post cro car show Cowp dougl if a  error in fact be assign which be not assignable in nullo be erratum be no  confession of it ante post lev cro car salk roll ab ray burr strange ld raym  error of a judgement in debt in the common plea the first error assign be  because upon the venire facias one Randol fuel be return and the distringa be  Randol fuel and the sheriff upon this return rannus fuel who be sworn Sed non  allocatur for the court shall intend Randol and rannus to be both one person  and that it be his name brief write another error assign because rob Vaux de  ulton be return upon the venire facias and distringa et idem rob Vaux pro  diminution a swearer to be evident be return and swear upon the tale de A  standing round which be confess by the in nullo be erratum plead croak throw  but the court gawdy et Fenner send away hold it to be no error for it be  contrary to the record for it shall be intend several person and not one and  the same and although in nullo be erratum be plead that be not any confession  but quasi a demurrer because it be not a error assignable and William deny the  case which be cite at the bar videlicet that if a juror be a see car c b post  cro Elizabeth Carth c see Geo c barn will croak James er p draw by challenge  and afterward try the matter it be not assignable for error because it shall  not be intend to be one and the same person but several person and he shall be  estopped to say the contrary vide Henry and Hilary term Elizabeth Hungate v  Hamond a and afterward the judgement be affirm
case hudson against cook court inferior SC vent SC skin case for sue in a  inferior court without any cause of action within the jurisdiction hold good  and judgement for the plaintiff and second although he do not say sciens yet  good enough as in the case of Cooper v Cooper in the eighteenth year of  Charles the second in the exchequer before hale where it be hold good for that  in inferior court they hold to bail in all action c
case huet v fletcher Michaelmas term the plaintiff father die intestate the  mother administer year after the father death the son who have accept of a  legacy under the mother will equal to two three of what his father leave bring  this bill against the mother executor to account for the father personal  estate come to her hand to deter other from such frivolous suit his lordship  dismiss the bill with cost the father of the plaintiff die intestate the  mother possess herself of all his personal estate the son acquiesce for year  after the death of his father and upon the mother die accept of a legacy under  her will in value at least equal to two three of what his father leave and be  content for some time but bring his bill now against the executor of the  mother to account for all the personal estate of the father which come to her  hand Lord chancellor these be a sort of bill that deserve the utmost  discouragement from this court to oblige a executor to account for a personal  estate which through the great length of time he be utter incapable of do  beside too a personal atkins estate of a three person and that do not belong  to his testatrix and where the plaintiff himself have also accept of a legacy  under the will of his mother and acquiesce for a considerable time and  therefore to deter other from such frivolous and vexatious suit I will dismiss  the bill with cost atkins er p
case huge against crew a attorney of b r or c b must be present when a person  in custody give a warrant of attorney the doubt be whether it be necessary  that a attorney shall be present at the execute of a warrant to confess  judgement by one under arrest by process of a inferior court and it be agree  first that if one under arrest confess a judgement in this court in presence  of a swear attorney of the common plea it will be well and so vice line Bland  v Pakenham stram a second that though a attorney be present yet if there be  practice in obtain it it will be set aside dougl b three if one under arrest  by process of a inferior court give a warrant for the confess of judgement in  that court we will not set it aside though a attorney be not present fourthly  if one under a arrest by such process give a warrant to confess a judgement in  this court if a attorney be not present it will be ill Com dig pleader you c  five if a man be under a arrest and seem discharge by the bailiff with a  design that he shall give a warrant of attorney to confess a judgement to  stand though no attorney be present and to retake he in case be do not give a  warrant for confess of judgement it will be set aside six though such person  be real discharge yet if be have probable reason to believe himself not to be  discharge and under such apprehension be give a warrant for confess of  judgement it will be set aside so if under the terror of a arrest
case Hugh against bennet Trinity term car roll covenant Jones Ro covenant upon  demurrer the case be Edward Bennet covenant in consideration of a marriage of  his son John Bennet with Elizabeth the daughter of Hugh and such a portion to  be pay to stand seize of such land to the use of the wife for life and to the  use of the son in tail and covenant in the say indenture in form follow  videlicet that he be seize in fee of those land of a lawful estate in fee  notwithstanding any act do by he c and that the say land be of the annual  value of l per annum ultra reprisas the defendant plead that they be croak car  of the value of two hundred pound ayear notwithstanding any act do by he and  hereupon the plaintiff demurrer it be argue by lane for the plaintiff and by  roll for the defendant and after argument at the bar all the court resolve  that these word notwithstanding any act c do not refer to the second covenant  but only to the first part but the value be proper in the conusance of the  covenantor and it be his intent that she shall have a jointure of the annual  value of two hundred pound absolute and it be not proper to say that for any  thing by he c it shall be of such a value but absolute that it shall be of  such a value whereupon it be adjudge for the plaintiff croak car easter term  car in the king bench sir John Brampston Knt chief justice sir William Jones  Knt sir George croak Knt sir Robert Berkley Knt justice sir John bank Knt  attorney general sir Edward Littleton Knt solicitor general
case Hugh against brand and other in chancery may power for trustee of  turnpike to dig for gravel except in garden hold the exception extend to field  plant with garden stuff lib Reg a foe bill by plaintiff as lessee of a piece  of ground under a lease from the trustee of Magdalen college against the  trustee of the turnpike road from ken street to Blackheath in ken to stay they  from dig gravel there and to be quiet in the possession Q whether the  exception of garden in the turnpike act extend to field plant with garden  stuff or only to garden annex to house Lord chancellor upon the open be clear  it extend to field plant with garden stuff the ground in question three acre  and a half have be add by the plaintiff who be a gardener by trade to seven  acre occupy by he as a gardener the defendant the trustee insist that the  exception in the act of parliament as to garden apply only to house garden and  that the present ground be therefore not within the exception on the that of  December a injunction be award to quiet the plaintiff in such possession of  the premise as he have at the time of fill his amend bill and for five year  before to continue till hear see Ves sen supply by belt p on the cause now  come on for hear a issue be direct to try how much plaintiff have be damnified  by the defendant c break up the soil and carry away the gravel in the garden  in question and the order of that December be continue
case Hugh against Cornelius Trinity term car roll SC Sm l c ed see Castrique v  Imrie lr h l de Mora v concha Ch d a c the sentence in a foreign court of  admiralty decree a ship to be lawful prize be conclusive and therefore though  erroneous the owner can recover the ship back by trover against the vendee SC  raym SC skin trover bring for a ship and good and on a special verdict there  be find a sentence in the admiralty court in France which be with the  defendant a skin shower KB er p and now per curian agree and adjudge that as  we be to take notice of a sentence in the admiralty here a so ought we of  those abroad in other nation and we must not set they at large again for  otherwise the merchant will be in a pleasant condition for suppose a decree  here in the exchequer and the good happen to be carry into another nation  shall the court abroad unravel this it be but agreeable with the law of nation  that we shall take notice and approve of the law of their country in such  particular if you be aggrieve you must apply yourself to the king and Council  it be a matter of government he will recommend it to his liege ambassador if  he see cause and if not remedy he may grant letter of mark and reprisal and  this case be so resolve by all the court upon solemn debate this be of a  English ship take by the French and as a Dutch ship in time b of shower KB war  between the Dutch and the French judgement for the defendant
case Hugh against garth that July in a plea of title derive from one have only  a particular estate and not in possession must set out how the person become  entitle lib Reg a foe S c Eden bill by plaintiff claim by conveyance from his  wife who be one of the heir at law of John draw for a account c the title set  up by the bill be that John draw be seize of a small estate at the Devizes and  die interstate in leave the plaintiff wife and two of the defendant his heir  at law that be the two defendant and plaintiff mother be the child of Robert  the nephew of John draw and that plaintiff wife before marriage and  consideration of settlement convey to plaintiff in fee the defendant Garth  plead a title under Robert the nephew of John and grandfather of plaintiff  wife that Robert be or pretend to be seize of the estate in fee after the  death of John draw convey for pound to flower and then set out several  conveyance afterward so as to bring the estate into himself in ambler Lord  Henley chancellor overrule the plea because it do not set out how Robert  become entitle to the reversion which it ought to do be a title to a  particular estate and Robert not in possession at the time of the conveyance  see Ves junr bro where the above case be rely upon the decision in this case  be analogous to the rule at law that the commencement of the particular estate  must be show Scilly v Daly salk see beam element Pls   Litt b to support a  plea of purchase for valuable consideration it must be aver that the vendor be  seize and be in possession Walwyn v lee Ves Daniels v Davidson Ves the  possession of the tenant of the vendor will satisfy this averment Daniels v  Davison ub sup but it be not necessary to aver that the purchaser be put into  possession Walwyn v lee Ves see stride v Blackburne Ves ambler er p
case Hugh versus sayer at the roll one have two nephew a and b devise his  personal estate to a and b and if either die without child then to the  survivor this be good John Hugh after several legacy by his will direct that  the surplus of his personal estate shall be divide by his executor into ten  share three share whereof shall be pay to his nephew and niece Paul and  whether Hugh child of a decease brother and upon either of their die without  child then to the survivor and if both shall die without child then to the  child of the testator other brother and sister the question be whether this  devise over of a personal estate upon the devisees die without child be good  or not and his honour have take time to consider it give judgement that the  word child when unborn have be in case of a will construe to be synonymous  with issue and therefore will in a will create a estate tail   wild case and  if the word child be understand to be the same with issue in the present case  then the devise over of the personal estate upon a death without issue will be  void but that here the word die without child must be take to be child live at  the death of the party for that it can not be take in the other sense that be  whenever there shall be a failure peer William of issue because the immediate  limitation over be to the survive devisee and it be not probable that if  either of the devisees shall die leave issue the survivor shall live so long  as to see a failure of issue which in notion of law be such a limitation as  may endure for ever and therefore by reason of the limitation over in case of  either of the devisees die without child then to the survivor the testator  must be intend to mean a die without child live at the death of the parent  consequent the devise over good peer William er p so Nicholls v Hooper ante  forth v chapman post Keily v foul bro p c and Edward bro p c do v lie t r see  bell v phyn Ves Massey v Hudson mere
case hughes case on excom cap if the significavit do not show some of the  cause require by Elizabeth c the king bench on hab cor will quash the writ but  the excommunication continue post Jones Jones show roll Rep   salk b r h stram  Mod latch side ld raym peer wms Hugh be take upon a excommunicate to take in  hand because he be condemned in the court of the vicechancellor of Oxford in  cost and have not pay they the writ of excommunicate to take in hand croak car  be award upon a significavit return into chancery and deliver here into court  accord to the Elizabeth c he be arrest thereupon exception be take because it  be not express to be for some of the cause mention in the statute and so void  and it be demurrer thereupon Littleton move that although the significavit do  not mention any of the cause in the statute but be for other cause videlicet  for cost yet the excommunication be good but if any capias with proclamation  and penalty therein be award these penalty and forfeiture be void unless the  significavit express it to be for one of the cause mention in the say statute  but the excommunication itself be good enough and so it be resolve in this  court upon long deliberation and debate in the case of one brown although some  while before upon sudden motion and not well observe the word of the statute  some have be discharge of such excommunicate to take in hand Jones and hide  say they well remember brown case to be so resolve but none be there of the  part of Hugh they give further day to be advice thereof
case hughs against Farrer word impute witchcraft be actionable although no  consequential damage be show post Jones roll Abr Com dig action for word  videlicet thou art a witch and do bewitch my mother drink and be afterward  desire to know why she call her witch she answer if I call her witch we will  prove her a witch and answer what we have do upon not guilty plead and verdict  for the plaintiff it be move in arrest of judgement that for these word a  action lie not because they be general word and show not any special hurt to  the drink so not within the statute of I James c b a   see also James case    and Oxford v cross   b repeal by Geo c croak car er p if there be no hurt to  the person or good but all the justice except Whitlock conceive that the  action well lie and it be adjudge for the plaintiff
case hughson against and web easter term Elizabeth roll debt do not lie  against a administrator upon a contract of the intestate and the court will  abate the writ after verdict post say vide Vaugh     lev Cowp debt against the  defendant as administratrix upon a contract of the intestate the defendant  plead full administer and find against her it be move in croak Elizabeth er p  arrest of judgement that debt upon a contract lie not against a administrator  and it wasresolved by all the justice that the plaintiff shall not have  judgement for although the defendant by her plea admit that the action lie  against her yet when the matter at the beginning be not sufficient to charge  her the court ex duty ought to abate the writ without exception of the party  Edward pl and the defendant plea take not away the authority of the court but  they may abate the writ at any time after I side contra
case huit against cogan queen upon a second elegit whether the sheriff shall  deliver only the moiety of the remain moiety of the defendant iands hard  Brownl vent salk dougl the case be two person recover several against one in  debt he who have the first judgement sue first a elegits and have the moiety  of his land deliver in execution afterward the other sue a elegits and the  sheriff pray the advice of the court whether he shall deliver the moiety of  the entire which be all that t remain to the debtor or but the moiety of the  moiety videlicet the moiety of that which remain to the debtor of d Anderson  Heaumond and Owen hold that he shall deliver but the moiety of that moiety  which he have at the time of the writ award but they advice the sheriff to  return that special matter vide Edward execution that the entire moiety shall  he deliver croak Elizabeth er p
case Hulbert against long Michaelmas term James roll a bind for threte pond  instead of thirty pound be good ante Com dig debt upon a bill Obligatory  demand thirtytwo pound four shilling and sevenpence the defendant demand oyer  of the bill and it be thretytwo pond four shilling and sevenpence so threte  for thirty and pond for pound and for this cause it be demurrer and adjudge  for the plaintiff vide Henry pl Henry pl   Osbourns case
case Hulbert versus heart February in court Lord keeper bind give by one  parcener to pay to the other parceners his executor or administrator a annual  sum during the life of I S for owelty of partition shall go to the executor  and not to the heir coparceners make a partition by consent and the land of  the one be of great value than the land allot to the other until a estate for  life fall in it be agree that that coparcener who have the least share shall  have a rend of pound per annum issue out of the land allot to the other to  make his share equal and a bind be give for secure the payment of it but this  bind for owelty of partition be make Payable to he his executor or  administrator the question be whether the heir or executor shall have the  benefit of this bind it be admit if he have take a sum in gross in  consideration of the inequality of partition that have be like sell so much of  his part but here the bind be to secure a grow payment the heir that have the  land ought to have the benefit of it Lord keeper decree it for the executor  and bare upon this difference that here be no grant of a rend where a rend be  grant for owelty of partition it will go as the land for which it be give as a  recompense will have go with Inst b and a parole agreement for partition of  long stand and put in execution establish in this court vide Ireland v rittle  atk so where part execute Alsopp v patten post but a bare agreement and so he  have his election either to Vernon chancery case er p pay it or forfeit his  bind there be a entry of dismissal with cost to be tax Reg lib a fol
case hull against holiday statute of bankrupt plead ill a action bring against  a bankrupt the defendant plead the statute of bankrupt in which it be say that  the person who do as the Act direct may plead the general issue a see Geo c S  a and that he manifest become a bankrupt before the day c holt chief justice  say this plea will not do for when a statute give a plea it must be plead in  the word of the statute and beside by this plead it do not appear the person  be within the Act for the debt may be after he become a bankrupt and before he  become a public publish bankrupt and then he will be out of the privilege of  the Act therefore judgement for the plaintiff nisi cause show before the end  of the term
case hull against how judgement erroneous post error on a judgement in common  plea by default and writ of enquiry a exception be take that there be but  eleven juryman mention and it be allow to be error the same will it be if  twelve be write in figure a a but see raym shower KB er p
case hull against SHARBROOK a surrender upon condition may be release by deed  roll ab   light a post   Leon winch hut gilbert ten trespass upon a special  verdict the case be a copyholder surrender upon condition and afterward by his  deed release the condition and whether it be good without surrender be the  question resolve that it be for proper a right or condition can be give or  determine by surrender a but by release and so it be resolve in kite v  Queinton b wherefore it be adjudge accord a see car c S post b   b croak James  er p
case hulm against heelock ante fol a devise land to b a infant in fee the heir  of the devisor enter and levy a fine b die within age leave a sister marry the  sister must make her claim within five year after the death of her husband or  she will be bind by the fine ante post   light b Owen Leon cruise Com dig Mod  cro Elizabeth Leon ejectment upon a lease make by Henry green of land in  oldstreet upon evidence at the bar the case be John Metcalf seize of the land  in question devise it to John gallant a infant of the age of three year in fee  by the name of his tenement call the white swan and die Henry Metcalf the son  and heir of John Metcalf enter and levy a fine thereof in Decimus sexto James  with proclamation in the life of John gallant be within age who after die be  within age the wife of heelock be his sister and heir croak car the question  be move by Germin that this fine although five year pass without claim shall  not hurt the say Heylocks wife especial be she be a feme covert because she  claim by a devise and before entry the fine be levy so as her estate be not  turn into a right as it have be resolve that if one enter after a devise  before the devisee enter and die seize that descent shall not take away the  entry so that fine and nonclaim shall not bar where it be not turn into a  right but all the court conceive although a dissent in that case shall not  bind for then they may not maintain any action never have have any seize and  so they shall be without remedy where there be only a dissent and no bind  matter of bar yet a fine and nonclaim which be a bind in law shall bar the  husband who suffer the five year to pass and all claim under he and the wife  herself during the coverture but the wife shall have new five year after the  death of the husband and so they deliver the law to be to the jury
case humble against glover Hilary term Elizabeth roll the bargainee of the  reversion of a term can bring debt for rend against the lessee after a  assignment of the lease post Poph Goulds more Jones dougl a grant omit the  Christian name of the grantee be void ante   light a cro James debt upon a  lease for year make by though Play to the defendant and declare upon a  assignment of the reversion by indenture of bargain and sale enrol the  defendant plead that after the grant of the reversion and before any rend  arrear he assign over his term to Scotmead and do not name his Christian name  but a blank be leave for it upon this plea it be demurrer first point if the  lessee shall he charge with the rend after the assignment of croak Elizabeth  er p his term?And resolve he shall not vide   b for there be no privity  hetween the bargainee and lessee but by reason of the privity of estate  whiicbT be go the lessee be not Chargeable but hetween the lessor and lessee  he shall not discharge himself by assign over his term for the privity be by  reason of the contract and reservation rather than by the occupation of the  land which by his own act he shall not discharge but in this case the privity  be destroy second point it be move that the plea be not good for a grant to  one not name his Christian name be void for it be uncertain to who the grant  be except the grant he to one who by reason of his dignity or office it be  know there be no other of the same name as to Popham As subst n   f justice or  Glanville sergeant and yet in that case it must he aver that there be no more  of that name and if a obligation or grant he make to one and his Christian  name be mistake the grant be void so a grant make by he strong where there be  no Christian name and of that opinion be all the court except Fenner and that  the plaintiff shall have judgement to recover but no judgement be give because  the plea be discontinue
case Humfreys against vaughan and his wife husband and wife may appear by  attorney though the wife be under age debt against husband and wife and they  appear by attorney no error though the wife be under age because the husband  may by law make a attorney and appear both for himself and wife
case HUMLOCK against BLACKLOW easter term car roll if a covenant that he will  not use such a trade and in consideration of the performance thereof b  covenant to pay he a annuity this be not a condition precedent but a negative  covenant S C sand S C side S C keb Mod vent sand Mod Mod Mod comens ld ray ld  rav strange dougl term Rep debt upon a bind for performance of covenant in  article of agreement the plaintiff covenant with the defendant to assign over  his trade to he and that he shall not endeavour to take away any of his  customer and in consideration of the performance of these covenant the  defendant do covenant to pay the plaintiff sixty pound per annum during his  life sander the word in consideration performationis make it a condition  precedent which must be aver Leon and those covenant must be actual perform  Twisden justice how long must he stay then till he can be entitle to his  annuity as long as he life for this covenant may be break at any time that be  a exposition that corrupt the text the court give judgement for the plaintiff
case humphrey against barn easter term Elizabeth roll the plea of foreign  attachment must show it to be for parcel of the demand and if it be obtain  pendent light it be have ante Com dig Bac ab debt on a bill Obligatory of S d  the defendant plead a foreign attachment in bar make in London by one Moulton  to who Hu mphrey be indebt of in his band after the original writ purchase and  before the return of the exigent or appearance thereupon and before he have  any notice of the suit in the common plea it be thereupon demurrer and adjudge  to he no plea first because it appear not that the attach be parcel of the say  S d now in demand second because this attachment be make while the suit be  depend in the common plea and the queen court be possess of a cause it be  insufficient and can he for as WalLsley say the suit depend in the queen court  the say court be interest therein and it be against the dignity thereof to  have a inferior court meddle with it also while the suit be depend it be quasi  in cuslodia law and can be meddle with by another as the law be where one be  to he attach by his good at the commonlaw if thle good he distrain and impound  they can be attach wherefore it be adjudge for the plaintiff
case humphrey against HARNEAGE Michaelmas term Elizabeth roll execution on a  statute may he discharge by hearing complaint if the conusee have accept part  of the land Plowd roll ab bro saint mere f n b pale yellow ex hearing  complaint to avoid the execution upon a statute wherein be surmise that W  Humphrey the conusor his father be seize of diverse land in fee and levy a  fine of they to the use of himself for fife and after part of they to the  plaintiff in tail and of the residue to the conusee in fee and die and because  the conusee afterward sue execution he bring this hearing Tuerela and upon  demurrer it be adjudge that this purchase in this manner be a sufficient  discharge of the statute but the demurrer be upon the plead in default of a  traverse which be adjudge not to he material
case humphrey versus morse October a heir be entitle to his cost bidulph v  bidulph p W Luxton v Stephens p W web v Claverden post Bernee v Eyre post vol  blower v Morrets post vol for it be the law which cast the descent upon he  otherwise as to a executor because he may renounce vide Eq Abr note Humphrey v  more ante uvedale v uvedale post vol a bill be bring against the executor and  heir at law for a account of real and personal asset and the doubt be whether  the heir at law shall be allow his cost Lord chancellor executor shall not  have cost because they may renounce but it be the law which cast the descent  upon the heir and that differ his case from executor and if he have account  just for such money as be come to his hand it certain entitle he to his cost  and therefore I shall direct accord
case HUMPHRYS against STANFEILD a action will lie for say of a heir thou art a  bastard without prove special damage Jones roll ab action for word whereas the  plaintiff be son and heirapparent to John his father who be possess of good to  the value of two hundred pound and seize of land to the value of forty pound  per annum and whereas William Humphrys his uncle be seize in fee of land of  the value of forty pound per annum and he the plaintiff be in likelihood to be  his heir that the defendant to disgrace the plaintiff and to make other have  air ill opinion of he say malicious and false of the plaintiff thou art a  bastard upon not guilty plead and find for the plaintiff and damage assess to  forty pound Maynard move in arrest of judgement that these word be not  actionable because he do not show any particular damage but all the court hold  that the action lie for by reason of these word he may be in disgrace with his  father and uncle and they conceive a jealousy of he touch the same it be  possible they may disinherit he and although they do not yet the action lie  for the damage which may ensue and Jones cite that in the exchequer Vaughan  bring a action against Ellis a surmise that land be give to the plaintiff  grandfather and to the heir male of his body and that he have issue the  plaintiff father who have issue the plaintiff and diverse other son then live  who by possibility may be heir to that entail that the defendant say of he  thou art a bastard whereupon he bring his action and it be adjudge  maintainable and this judgement affirm in a writ of error and another case be  cite to be so resolve in this court of banister v banister b all the court be  of this opinion wherefore rule be give that judgement shall be enter for the  plaintiff unless c
case HUMPHRYS case a indictment for forcible enter sergeant herns close be  sufficient descriptive of the place ante   term Rep John Humpbrvs be indict  upon the Henry c of forcible enter into a close call see rje`ant herns close  in d in the county of Lincoln Shurley take exception thereto that it be  incertain so as there can be any restitution but he ought to have say that the  close contain acre of land more or less a in truth it be say non allocatur for  Popham say it have be adjudge that a ejection firmce lie of a close well  enough and therefore strong upon a indictment
case Hungate against Hamond if a juror who be challenge appear on the tale and  try the cause judgement shall he stay cro a juror be challenge and withdraw  and upon a tale award and process against the other juror he appear among they  and be swear and try the issue and this be allege in arrest of judgement it be  hold erroneous and the judgement stay
case Hungate vers fothergil administrator of Elizabeth best in scacc a charge  for board be not to be deduct out of money due unless it be so agree upon this  be a bill to have the conveyance of a estate discharge of per annum grant out  of it to Elizabeth best for her life on payment of what be in arrear at her  death it be refer to the deputy to take a account of what be due who report S  d to be due but a exception be take to the report because no deduction be make  for what be due for the board of Elizabeth best which ought to have be allow  out of the arrear since her board must have amount to that sum or more but  since no agreement appear that the board shall be set against the annuity the  court think comens that the deputy have do right for non constat but that she  may have pay for her board and the deputy say that she do and therefore the  exception be disallow and on the payment of S d the defendant shall convoy but  on the failure of payment in six month his bill shall be dismiss with cost
case Hunston against Howard want of a original assign for error the plaintiff  have judgement in the court of common plea which be now above ten year stand  when the defendant bring a writ of error in the court of king bench and assign  the want of a original for error and now the defendant in error plead in nullo  be erratum and the want of a original be not yet certify he move to put it off  until the next term that he may in the mean time pro cure a original to be  file this be a contrivance of his own attorney to defraud he the court this  motion shall have be make before the cause be put in the paper but it have the  countenance of fraud it be rule to go over upon payment of the cost of the day
case hunt against brain Hilary term will mary roll in replevin a conusance for  only one of the kind of property charge to be take or a avowry for part of  halfayears rend without show the residue satisfy be bad SC Mod replevin for  take good catalla et averia c the defendant make cognizance for the take of  averia only for that a rentcharge of a hundred pound ayear be grant out of the  land c Payable halfyearly at Michaelmas and ladyday that thirtythree pound  parcel of fifty pound for halfayears rend be behind and unpay he distrain and  so justify the take ind petit judgment et return averiorum will do you much  good et catallorum predict upon a demurrer to this avowry it be hold to be  insufficient because he do not show when the other seventeen pound be pay to  make up the halfyear rend beside the action be bring for take good catalla et  averia and the defendant avow the take of averia only which be a answer only  for the live cattle and not for the whole and for these reason the plaintiff  have judgement easter term the seven of William the three in the king bench  sir John holt Knt chief justice sir William Gregory Knt sir Giles eyres Knt  sir Samuel Eyre Knt justice sir Edward ware Knt attorneygeneral sir Thomas  Trevor Knt solicitor general
case hunt against jones Trinity term James roll away you pickpocket thou art a  scurvy pocky whore adjudge not actionable if unaccompani with special damage  ante post Yelv side godb stram error of a judgement in Bristol in a action for  word the error assign be that the word be not actionable and there the  plaintiff show that she be a widow of a good name and fame and have use for  diverse year the trade of a taker whereby she get gain for the maintain of  herself and her family and be a widow be desire in marriage by many honest man  the defendant know the premise speak these scandalous word of her in speak to  the plaintiff in the presence of diverse other away you pickpocket thou  innuendo the plaintiff art a scurvy pocky whore whereby she be hurt in her  fame and lose her marriage and diverse forbear to buy bread of her after not  guilty plead and find for the plaintiff and judgement for her it be now assign  for error that a action lie not for these word for it be not show that she be  in communication with any for marriage and thereby have lose her marriage also  she do not show that she be a common baker and so have any loss by these word  but general that she bake also the word be adjective speak and not so strong  as if they have be absolute word and they be word which do not show any  intention that he speak of the French pox which ought to be show by some  particular circumstance from the word and of this opinion be all the court  wherefore the judgement be reverse
case hunt against singleton ante page case the Elizabeth c be a general law  and need not he plead ante   comb incum vent cart this case be question I Mod  but it be allow   a and confirm cart vide Doug Bac Abr trespass it be find by  special verdict that the dean and chapter of saint Paul make a lease for forty  year of a house in London the which house be then in lease for ten year to a  stranger whether this be a good lease or no be the question and it be hold by  the whole court without argument that it be not a good lease but mere void by  the Eliz c and not warrant by the Elizabeth c a which make lease of house in  city to be good for forty year so as it he not make in reversion of any other  lease for although this lease be to commence immediate yet it be in law a  lease in reversion and therefore within the word of the statute and the  statute here needs not to he find by the verdict because it be a general law  wherefore it be adjudge accord
case hunt against singleton Hilary term Elizabeth roll a lease by the dean and  chapter of saint Paul of a house in London the house be in lease to another be  void by pound Elizabeth post wood con trespass upon special verdict the case  be the dean and chapter of Paul be seize of a message in saint foster parish  in London Edward let they to Hargrave for forty year who assign croak  Elizabeth his lease to r eales afterward eales Elizabeth let two chamber of  the message to robin for twelve year and afterward eales recite hargrave lease  surrender it to the dean and chapter they afterward recite the surrender let  the message to eales by these word all their say message or tenement with the  appurtenance to the same belong or in any wise appertain by the say eales now  occupy and all other room with the same now occupy and now in the tenure of  the say eales hetween the message of I S east and of d west and so much in  length for forty year the jury find that these room be then in the tenure of  robin and not of eales and that the neither story of the say message be  hetween the say bind but not these room and after the dean and chapter let the  room to the plaintiff for forty year who enter and be oust c et si sum per  tolan means c and it be adjudge for the plaintiff note I collect this case out  of the record deliver to I by Mr Brownlow the reason seem to he that eales  have not the room in his possession at the time of the lease although he have  the reversion but they be sever for the time and pass not by the lease a croak  Elizabeth trinity term Elizabeth in the queen bench sir John Popham Knt chief  justice sir Francis gawdy Knt John Clench Esq Edward Fenner Esq justice sir  Edward coke Knt attorneygeneral Thomas Fleming Esq solicitor general
case hunt against soon Hilary term Elizabeth roll on a promise to pay so much  a year for a certain numher of year in consideration of occupy land several  action lie upon every non payment Cro JAc cro car more Ro ab sand Leon   light  b post Andrews a assumpsit and declare that in consideration he promise the  defendant that he shall have and occupy such land from such a day for five  year the defendant promise to pay he for every year at two feast c and aver  that the defendant have occupled the land for one year and a half and for  pound due for that time he bring action and after verdict it be move in arrest  of judgement that this promise and consideration be a thing entire and not  severable and therefore ought wonder have aver that the defendant have enjoy  the land for five year otherwise the action lie not lbut be adjudge for the  plaintiff for all the court hold that if the promise have be that he shall  enjoy the land for five year and in consideration thereof he shall pay he l in  five year videlicet l per annum there the action lie not for part till all the  term he expire ut the promise and agreement be that l shall he pay for every  year it be otherwise and several action lie for every day of payment and  Rhodes justice say so it be late adjudge in sir Thomas Joscelynes case that in  consideration one will marry his daughter that he will pay to he scilicet  fifty pound by the year during croak Elizabeth six year there at the end of  every yeara several action lie for fifty pound
case hunt case justice of the peace have no jurisdiction in forgery by  Elizabeth c ante roll ab hawk p c hale stram hunt and other be indict before  the mayor and alderman of Hereford be c see the case of den on the demise of  gaskin v gaskin Cowper a vide Cowper in point and Com dig croak Elizabeth er p  justice of peace and gaol delivery upon the Elizabeth c for forge the will of  one Davies exception be take because by the statute they have not any power to  take such indictment but the power of inquire thereof be give to the justice  of oyer and termindr and of gaol delivery only and so it be rule in Elizabeth  in smith case wherefore for this eause he be discharge
case hunt versus hunt Lord chancellor March Oct the question be between the  heir and executor of a freeman of London which of they have the right to a  Caroome to wit the benefit of a licence from the Lord mayor and alderman for  the keep of a cart the defendant plead that the licence be a term for year and  personalty and therefore belong to he as executor per cur overrule the plea  and answer the bill Vernon chancery case er p
case hunt versus stone in court Lord chancellor eoden die devise of a east  India bind to be pay at or marriage and if the legatee die before it be devise  over the interest shall wait on the principal and not go to the executor the  testator devise to a infant a east India bind of pound to be pay at twentyone  or marriage and if she die before he devise it over and the question be  whether the interest belong to the executor or shall wait on the principal  Lord chancellor the testator intention seem to be that the interest shall  follow the principal he do not give pound but a specific east India pound bind  Friday October the saint motion
case HUNTGATE against mess and smith Trinity term Elizabeth roll several on  each side submit to a award to he deliver utriquepartium it must he deliver  omnibuspartAus ante SC more S c   roll Rep Mod cro James cro car debt upon a  arbitrament the case be that the plaintiff on the one part and the defendant  on the other submit themselves to the arbitration of I S so as the arbitrament  he make and publish utrique a part prcedict before such day it be make and  publish to the plaintiff and to smith one of the defendant but it be not  deliver and publish to mess and whether this be a sufficient publication  thereof be the question upon a special verdict the whole court hold it to he  no sufficient publication of the arbitrament accord to the submission because  it ought to have be deliver omnibus birth for it ought to be perform by every  party and this word utrique shall he expound separatin and not jointly  wherefore it be adjudge for the defendant
case hurford against pile Michaelmas term James roll a defendant can plead to  a assumpsit that he revoke his promise post roll ab cro car side side lev Mod  Mod Mod Com dig Bac ab assumpsit whereas I S be in execution for forty pound  the defendant say deliver I S out of execution and what it cost you I will  repay wherefore I S be discharge by the plaintiff the defendant for plea say  that after the assumpsit and before the plaintiff have do any thing in that  business he forbid he to meddle therein and that he will not stand to his  promise the plaintiff demurrer and it be adjudge for the plaintiff Houghton  justice say that a man may discharge a assumpsit make to himself but he can  discharge a assumpsit make by himself but at another day the defendant counsel  move that it be a good plea and that as long as nothing be do it be but a  executory promise Doderidge if I promise to I S that if he build a house upon  my land before Michaelmas I will pay he a hundred pound and I countermand it  before he have do any thing concern the house it be a good countermand  Houghton e contra but he say that may be consider in damage et adjournatur  afterward in Trinity term judgement be give for the plaintiff
case hurleston against Woodroffe debt for rend upon a declaration that he have  let land and a sheepwalk cum appurtenance be good roll ab cro car debt suppose  that he let certain acre of land et One ovile England a sheepwalk cum  appurtenance in d for year render rend and for rend arrear he bring the action  the defendant plead non debet and find for the plaintiff it be move in arrest  of judgement that this declaration be not good because a sheepwalk be but in  nature of common which can be demise without deed and the declaration not  mention it to be by deed be not good but Houghton say they have such phrase in  Norfolk that it be know by the name of land and there be lease of land with  the sheepwalk also if it shall be take as common not be demise with the land  yet by the name cum appurtenance it shall be intend to be appurtenant and to  pass without deed as land with the advowson and a rectory with the tithe and  the verdict find quod debet it shall be intend that it be a good and available  lease wherefore it be adjudge for the plaintiff
case hussey against jacob bill accept for money win at play shall not be  recover against the acceptor even by a innocent endorsee for a valuable  considerationS c Mod S c salk S c Carth S c holt S c Com Rep S c ld ray S c  ray Ent action on the case on a bill of exchange set forth the custom of  merchant and b Henry stow Chron c Edward   Ent d mary Plowd rastal e S p c a f  Elizabeth   Ent Inst a Bulst cro James a Fleta lib I Inst a in the common plea  in easter term whether modern report er p that if any merchant shall draw a  bill direct to another and be to who it be modern report direct accept it that  he become Chargeable therewith that Lord chandos use commerce accord to the  say custom do make and direct a bill to a Jacob the defendant who accept it  and by virtue thereof he become Chargeable the defendant plead the statute of  game car c that Lord chandos and the plaintiff play together at hazard and  that at that play Lord chandos lose to the plaintiff above one hundred pound  at one sit that for this money so lose he give this bill which by force of the  say Act be void the plaintiff demurrer and show for cause that the plea amount  to the general issue a and per curian first in all cause where a man admit the  action be it not for special matter that matter may be special plead though it  may likewise be give in evidence on the general issue b second that in this  case the acceptor may well plead the statute car c in bar for though the  acceptance make a new contract yet it stand on the former consideration and if  this plea shall not be good the statute will be elude indeed if the plaintiff  have endorse the bill over good fide to another who be ignorant of the  iniquity the statute can not have be plead against such a endorsee c but sure  it may against he who be party to the wrong judgement be give for the  defendant
case hutchins against martin acceptance of a second lease be a surrender of  the first ante post roll ab   I b dyer Leon Bac Abr burr burr term Rep upon  evidence to a jury it be move where lessee for year accept of a second lease  to begin at Michaelmas follow whether it he not a immediate surrender of the  first lease and the court hold that it be and that the lessor may enter in the  interim and take the profit and coke attorneygeneral say that it be late so  adjudge in the common plea
case hutchinson against lewson in debt on bind condition to save the plaintiff  harmless the defendant must show that he be not damage or that he have satisfy  the condition ante Cowp debt upon a obligation condition whereas the plaintiff  be oblige in such obligation for the defendant that if he be charge or molest  in his body or good for those obligation he will within a month satisfy he for  it the defend daunt say that he have pay he such a sum for all his charge  within a month it be thereupon demurrer and without argument it be adjudge for  the plaintiff for he ought to show how the plaintiff be molest and that he  have satisfy so much or that he be not molest as if one he oblige that he  shall make such assurance as the plaintiff counsel shall devise it be not  sufficient to say that he make such a assurance but he ought to say that the  plaintiff counsel devise such a assurance which he have make wherefore without  further argument it be adjudge for the plaintiff vide Edward pl Edward pl  Henry pl
case hutchinson against smith the plaintiff die before the return one t S be  arrest at the suit of the plaintiff Hutchinson and smith the defendant become  bail to the sheriff for the appearance of the say t S at the return of the  writ but before any far proceed Hutchinson die yet his attorney take a  assignment of the bailbond and proceed to judgement and execution against the  bail and now the court be move to set aside these proceed as irregular and the  matter be so report by the master they be set aside
case hutton against beech Michaelmas term James roll to charge a constable and  churchwarden with have beguile and deceive the town of a certain sum in pass  his account be not actionable post cro car vent Yelv stram will Bl Rep action  for word whereas he be constable and churchwarden of Aunstie in the county of  Lincoln and by reason of those office expend diverse sum for the use of a by  Geo c if before or after fill or return any liberate sue out on a extent it  shall be make appear to the court of chancery that sufficient have not be  extend and levy or not sufficient extend or levy to satisfy the recognizance  or that any error omission or mistake have happen in sue out execute or return  such writ or any process thereupon or it shall happen that any land tenement  or hereditament be evict c the court shall award one or more reextent or  reextents and liberate thereupon croak James er p the inhabitant of the same  village and behave himself true in the execution of those office that the  defendant speak these word of he thou have beguile and deceive the town  innuendo the inhabitant of the village of Aunstie upon your account of four  pound and it be no marvel thou grow rich when thou deceive the town the  defendant plead not guilty and find against he and it be move that these word  be not actionable for they be too general the whole court be of that opinion  for to say that he be a cozener and cozen such of such money be not actionable  as it have be adjudge for it be uncertain what thing cozen be and although it  be here object that these word be speak of a officer swear and touch he in  point of his office with perjury it be hold not to be material for this action  be not in point of office nor be it a apparent affirmative that he be perjure  wherefore it be adjudge for the defendant
case hutton against hun a trial by more of the tale than be necessary be  erroneous Inst Bl Com trespass at the nisi prius fifteen juror appear and all  be challenge for defect of hundredors thereupon tale e A standing round be  award and upon it four hundredors be swear and then it be resort to the  principal panel and eight of they be swear and find for the plaintiff it be  now move in arrest of judgement that this trial be ill for by the Elizabeth c  there need not above two hundredors croak Elizabeth then the trial by more of  the tale than it ought to he there be sufficient of the principal panel be ill  of that opinion be Gaw die and Clench Fenner doubt thereof Popham be absent  wherefore adjournatur in easter term Elizabeth it be move again and for this  cause resolve to he a ill trial and a v venire facias de to make new a be  award
case hutton against Mansell a action on a promise of marriage may be maintain  without prove a express promise on the part of the woman S c salk S c holt a  action on the case be bring lie mutual promise of marriage between the  plaintiff and the defendant and a breach in the man who be in this case the  defendant upon evidence a express promise be prove upon the man but none on  the woman side holt chief justice if there be a express promise by the man and  it appear that the woman countenance it and by her action at that time behave  herself so as if she agree to the matter though there be no actual promise yet  that shall be sufficient evidence of a promise on her side and be remember a  case in which he have be a counsel in the time of Montagu chief baron where it  have be so rule upon evidence against his client and be dissatisfy then  therewith be put the case to eminent man of those time who all concur in  opinion with the chief baron see the case of Harrison v cage and his wife  Carth S c Mod S c salk a trinity term the three of queen whether in the queen  bench sir John holt Knt chief justice sir John Powell Knt sir Littleton powys  Knt sir Henry gold Knt justice Edward Northey Esq Knt attorneygeneral Simon  Harcourt Esq solicitor general
case huxley vers clendon in c b the render of a prisoner by his bail be not  complete till the fee be pay this be a motion by sergeant chapel to vacate a  it be necessary that a entry of such render be make in the marshal book which  be keep in the king bench office it be hold that until such entry be make the  defendant be not in custody so as to charge the marshal in a action of escape  salk Str burr Tidds bring Richard bring entry of a surrender of a person to  prison by his bail make at Mr justice denton chamber and sign by he on a  affidavit that clendon and Ambrose who be his bail go to judge denton chamber  and while the render be make they talk about the fee and clendon say that be  know the fee as well as any one but when the book be sign clendon go away and  the gaoler say that he will take no care of he keb farresly sergeant wright  contra the bail be not to pay the fee and therefore the bail S not Chargeable  if not pay here be comens no imposition that appear upon the court or judge  and a record be never vacate but where the court be impose upon per cur the  query be whether here be not a imposition on the court or the judge who act in  this case in aid of the court where the render ought proper to be make if a  fee be due for the render the render be not complete till pay and the judge  who sign the entry of the To bring together on the bailpiece do it on  supposition that the fee be pay and if they be not he be impose on and the act  ought to be set aside order in the absence of chief justice reeve that the  judge name to the render on the bailpiece be strike out comens er p
case HUXSER against gapan amendment of a declaration in trover trover for a  ring the defendant move for leave to bring it into court and that it may be  strike out of the declaration the court this be a action for damage find on a  suppose conversion the motion must be deny but if it have be a action of  detinue it will have be grant the plaintiff then move for leave to amend his  declaration and add more count to it have only declare for fifteen shilling  damage and this be to give the court jurisdiction modern report and though  this be strong oppose on the other side he have leave to amend per curian in  trover the conversion be the point in issue hubbard case cro Elizabeth Preston  v Tooley cro Elizabeth Stranshams case cro Elizabeth see also bull n p a for  which the time and place shall certain be allege modern report er p
case I against coal to a justification in trespass that he enter by licence of  the plaintiff daughter a replication that he do not enter by his licence be a  negative pregnant but if issue be join it be aid after verdict post lev cro  car   light cro Elizabeth Com dig stram ld ray term Rep trespass for enter his  house and take his good the defendant plead as to the good not guilty as to  the entry into the house that the plaintiff daughter licence he c and that he  enter by that licence the plaintiff say quod non to go into per freedom svan  and issue be join thereupon the first issue be find for the defendant and the  second issue for the plaintiff that he do not enter by licence and damage be  assess to eighty pound whereupon it be move in arrest of judgement that he  ought to have traverse the licence and not the entry by the licence for that  be pregnant in itself and a ill issue and he ought to have traverse the entry  by itself or the licence by itself and not both together William and Yelverton  be of that opinion vide Edward Henry pl Popham agree that the issue be ill if  it have be at the commonlaw but be try it be make good by the statute of Henry  c which aid misjoining if issue for a issue upon a negative pregnant be a  issue per quod adjournatur
case I ass pl tenor office the king may distrain for his rend in all the land  of his tenant as well in those hold from other lord as in those hold from the  king the king grant a rend to a in fee to hold from he this be a by c c this  be free and common socage tenure by knight service in capite for it shall be  take best for the king by the justice of both bench so upon a office find for  the king that the tenant hold of the king in chivalry general this be a tenure  in chivalry in capite dyer h at this day upon a office find for the king and a  return of ignoramus by what tenure a melius to seek after shall be award by  the statute e ch if upon this melius another office be find and ignoramus for  the manner of the tenure the tenure be by knightsservice in capite often so  resolve
case I Elizabeth dyer Cr Cr return rescous escape viscount bailiff roll Abr  Yel Jo Cr James roll Rep Bulst   upon a capias ad to give satisfaction direct  to the sheriff to take a he return that a rescous be make against his bailiff  itinerant this be ill for this rescous be do against himself it have be  otherwise if it be do to the bailiff of a franchise who have the return of  writ and execution for he be not his bailiff a escape make upon a capias ad to  give satisfaction by mean of a rescous make against the sheriff by subject  rebel or other do not excuse the sheriff but leaves he Chargeable with the  debt for the escape for the power of resist the king officer be in shameful  appearance command and be a have return and do not excuse he from the debt it  be a good return against the rescussors although it do not discharge the debt  for the escape upon a capias ad to answer it be otherwise there such rescous  do not make the sheriff liable to the debt for not yet to be fluid whether the  debt be due or not if a rescous be make by the king enemy upon a capias ad to  give satisfaction the sheriff be not Chargeable for the escape for there be no  remedy against they but there be a remedy against rebel and subject by the  judge of both bench if the sheriff take the defendant upon the capias ad to  answer and suffer he to go at large and be do not appear at the day of the  return of the writ see annae cap for assign bailbond I vent and the sheriff do  not take a sufficient obligation for his appearance the plaintiff shall  recover his debt against the sheriff in a action upon the case
case I h   light b Cr cow pers case use tail a tenant in tail can be seize to  any use express for the statute of west cap de gift have so appropriate and  fix the estate tail that neither the donee nor his issue can execute this use  by all the judge who coherent personae a mask to disjoin not to be able tenant  in tail can be seize to a imply use for the tenure make the consideration nor  to a express use but in the case of fine sur grant render and causan marriage  speak first they may be aver by deed in write to be to another use or intent  for in these two last case the estate be not vest by act of parliament as in  the case of a gift in tail neither the king nor a body corporate nor a lord by  escheat nor tenant for year can at this day be seize or possess to any use the  tenant for year have only a possession he have not a seize which the statute  of use require in the other case a confidence be want the lord by escheat in  the post and the king and the body corporate can be compel to execute the  possession to the use by a subpoena for if they disobey they can be compel by  imprisonment
case I h often adjudge Lord Greystocks case h   b Helliars case a plead  confession and avoidance traverse repugnancy a writ of entry in the nature of  a assize be bring against a who plead in abatement of the writ that before the  seize and seize suppose e be seize in fee of this land and be so seize lease  the say land to he and his wife during their life and that his say wife be in  full life at dale and be not name in the writ the plaintiff reply that long  after the seize of e of the land aforesaid he be seize in fee of the say land  and lease they to e for life and that e be so seize make the say lease for  life to a and his wife and that he enter for the forfeiture and be seize until  a enter and oust he this be a good replication without traverse the seize in  fee of e for that be confess and avoid before for when e make a lease for life  to the husband and wife be gain a wrongful fee to himself by this lease which  fee be destroy by the entry of the demandant for the forfeiture as be also the  Jointenancy between a and his wife a confession and avoidance with a traverse  make a plea have for by that mean the party deny what he have confess if a  lessee for life make a feoff or if there be two jointtenants in fee and one of  they make a feoff   a b Cromwell case die or in case of a conusee of a fine  sur conusance de law come Ceo with grant and render to the conusor the land in  this case be the conusors in all these case the law give no dower not to the  wife of such lessee for life although there be no entry for the forfeiture nor  to the wife of the conusee in the say case nor to the wife of the jointtenant  for the fee which the lessee or conusee have be only for a instant and the  sole seize of the husband be only for a instant and the law make sole seize  requisite to entitle the wife to dower and the sole seize be also in law only  for a instant where the husband who be jointtenant with another make the feoff
case I James tracy case deceit Cr James SC Cr Elizabeth a forge a letter in  the name of b the master of c false for to be deliver to a which sum of his  master c have in his custody and a seal this letter as with the seal of the  say master c have receive the say letter by a cause it to be read upon which c  to come to know that b have direct this letter to he and upon this deliver the  say to a whereas in truth b never write such a letter but a forge it c the  servant bring a action upon this matter it be adjudge for he and affirm in  error although in the name of the servant and although the word to come to  know be not well aver and express
case ignorant against skinner and his wife Trinity term car roll plead debt on  a bind against Skinner and grace his wife as executor of the testament of John  Dingley for four hundred pound after a special imparlance the defendant plead  in abatement that grace the defendant and one Francis Bingham be executor and  that both prove the will and administer but do not say that Francis Bingham be  live the plaintiff by protestation quod Franciscus not yet outliving Elizabeth  n vita step forth prout in plea pillage instigation but it be not so allege  there pro plea to say that Francis die before the bill exhibit and upon this  there be a demurrer vide post
case ignorant versus ignorant December see Williamson v farewell Ch d SC cite  Ves a power under a settlement for a husband to dispose of a reversionary  interest in a estate in such proportion as he shall think fit among the issue  of the marriage he by will delegate it to his wife to dispose of in such share  as she please between his son and daughter Mr Ingram by his marriage article  and settlement have a power of dispose of a reversionary interest in copyhold  land subject to a estate for life in his wife in such share and proportion as  he shall think fit among the issue of the marriage and for want of such  appointment by the husband to his right heir and this power be direct to be  execute by deed in his lifetime or by will at his death he by his will recite  the power under the article and settlement delegate it to his wife that she  may in such share and proportion as she shall think proper dispose of it  between his son and daughter and for want of such appointment in equal share  between his two child Lord chancellor this must be consider as a power of  attorney which can be execute only by the husband to who it be sole confine  and be not in its nature transmissible or delegatory to a three person  therefore the intermediate appointment to the wife under Mr Ingrams will be  absolute void and the latter part where he give it in equal share between the  two child be a good appointment within the marriage article and settlement  Alexander v Alexander Ves attorney v Berryman Ves cite by where the power be  limit to a person and his assign how v WhiIfield vent
case III   a I h Keyleway a let we a house with several utensil to b for year  render rend the rend be arrear a bring debt for this rend and count upon this  lease and do not show in his count the certainty of what the utensil be yet it  be good so judge and affirm in error the rend in this case issue only out of  the house a assumpsit to pay a sum pro to visit goods a sale be good without  mention the particular ware in the declaration but a indebitatus assumpsit be  not good without some general or special consideration mention in the  declaration
case III e h Plowd duchy of lancaster case h Br case the king as duke of  Lancaster make a lease for life gift in tail or feoff of land which lie out of  the county palatine livery and seize ought to be make of they and upon a grant  of the reversion the see Ann cap for attornment attornment of the lessee the  king as duke have jura regalia for the land which lie within the county  palatine but not for those which lie without it a lease for year make of such  land in the county ought to be by patent the person of the king and the person  of the duke be one natural person the person be not sever but the possession  be the person of the duke be merge in the person of the king by all the judge  of England a county palatine forfeit for treason be not extinct in the king  for it be a franchise create de to make new but ancient franchise be extinct  in such case the duchy of Lancaster by a act of I e be annex to the crown by a  act of I h it be sever from the crown the reason be the title of York to the  crown be from the three son of e the title of Lancaster from John of gaunt  duke of Lancaster the that son of e both title be join in the posterity of h  the heir of Lancaster Jenkins er p and Margaret his wife heiress of York so  that the king now have a unquestionable title derive from these two family to  the crown and duchy
case III h view in dower the tenant demand the view after the view have the  writ abate for false Latin the demandant bring another writ of dower for the  same land against the same tenant be shall not have the writ in this case for  look non be unavoidable and the say statute say non to go away look nisi be  unavoidable by all the justice of both bench Jenkins er p
case III Harrison against green this case be determine in Michaelmas term in  the Geo note to former edition a non assumpsit be a good plea to a action  bring against a common carrier action on the case against a common carrier for  detain the plaintiff good until they be spoil upon non assumpsit plead the  plaintiff have a verdict it be move in arrest of judgement that the issue and  plea be improper for non assumpsit be no plea to a action find on a tort the  court this action be find on the general custom of the realm and on that  assumpsit which be imply by law on the carrier receive the good for by his  receipt of the good be implicit undertake to keep and deliver they safe and  non assumpsit be a proper plea and the issue be proper enough and by Pratt  chief justice and Eyre justice judgement be give for the plaintiff
case III I James Arundel versus Arundel error b r Cr James fine prerogative  Nosme a dedimus power for the caption of a fine be direct to a b esquire he  take the conusance and afterward be make a knight and certify the conuzance by  the name of a b knight this fine be affirm upon a writ of error bring the use  be that the justice of both bench and the baron of the exchequer take the  conusance of fine in their circuit and afterward before the return of they it  happen that they be make knight and as such they certify the caption and well  only the judge of both bench and baron of the exchequer in their circuit can  take the acknowledgement of fine without a dedimus power and afterward a writ  of covenant and a dedimus power be sue with a antedate the law trust they and  allow such caption in respect of their gravity learning and integrity no other  person can take such acknowledgement without a dedimus power sue before the  caption the chief justice of Jenkins the common plea only can take a fine  without a dedimus power sue before or afterward as the prerogative of his  place the king ex fullness power of oneself may give such power to another  Elizabeth dyer a dedimus power to take a conusance of a fine be direct to I S  knight and be take the conusance and certify it by the name of I S knight  whereas in truth be be not a knight this be not erroneous nor assignable for  error that he be not a knight for it be against the record Jenkins er p
case III infra e aid disclaimer joinder in aid lessee for year be plaintiff in  replevin the defendant avow upon a a stranger as his tenant who come and say  that he be a the tenant and that the plaintiff be his lessee for year resolve  by all the justice of England that a may join in aid gratis without process  and that both may disclaim and that the plaintiff shall recover his damage and  the defendant shall be in pity in the case of tenant at will where there be a  joinder in aid to he in replevin no disclaimer lie for he in this case for he  lose nothing if a tenant at will be plaintiff in replevin he may have aid but  not so in trespass if he be not tenant at will by the custom presumption  forcible valet in lege
case impey against pit a condition to leave the obligee a three part of his  estate be not perform by the obligor make the obligee a joint executor with  two other person SC Jones a action lie against a administrator pendent light  about a will debt upon a obligation the condition whereof be to leave and  bequeathe to the obligee the three part of his estate c the obligor join he  with two other as executor the obligee die intestate the administrator of the  obligee bring a action on that bind the question be whether that be a  performance of the condition a another question be whether a administrator  pendent light about a will be liable to a action and it be clear agree by all  that he be liable for that lie be full a administrator for the time c b
case in chancery anonymous December parliament privilege baron widow but  resolve in the lord house to the contrary that the widow have  ParliamentPrivilege the Lord chancellor finch declare that it be late resolve  by the lord in parliament that the widow of peer ought to have no privilege of  parliament because they be not to be call to Council and cite the lady mohun  case though former they have be allow it but they be to have privilege of peer  not to be arrest of nobleman c and their privilege and how to proceed against  they in equity vide cur canc to Chan c c case in chancery de term sanct hill  year king car two in cancellar
case in chancery anonymous novemb heir help against wife devisee for life the  husband devise land in question to his wife for life the son exhibit a bill  pretend the devise to the wife void because Elizabeth the land be entail to  his great grandfather to who he be heir in tail and to discover the deed in  tail the wife confess write in her hand she be order to bring in all the write  and it fall out that the deed of entail be among the rest the heir by a motion  ex part get all the write out of court and on motion after be order to bring  they in again and they be now in court at the hear Mr Keck pray that the heir  may not make the court a instrument to help the heir to the deed but that she  the defendant may be in the same condition as she be before the write bring in  by her in obedience to the court for though the devise be voluntary and not in  pursuance of article in marriage yet unless the heir will confirm her estate  he ought not to be assist by the court for there be a consideration to wit to  provide for her as his wife and so have it be if the father have in like  manner devise to young child for the consideration in law be good wife to  raise a use at commonlaw he affirm there be precedent for he and the rather  because the father have power to dock or bar the entail chancellor I will  never help the issue against a purchaser but here it be a bounty in this case  and in such case the heir have a good Title shall be aid and decree the deed  to the plaintiff case in chancery er p
case in chancery anonymous the same day deviation seamen fnus the plaintiff  enter into a Penal bind of bottomry to pay S per month for pound the ship be  to go from holland to the Spanish island and so to return for England if she  perish the plaintiff lose his pound she go accord to the Spanish island take  in more at Africa and upon that occasion go to the barbados and then perish at  sea the plaintiff be sue on the bind for the penalty seek relief in chancery  pretend that the deviation be on necessity the bill be dismiss save as to the  penalty
case in chancery ASHCOMBS case July assignment of bind in holland accord to  their custom allow here the bill be exhibit by the plaintiff a feme covert and  her friend against her husband and two other Mascal and S the case be that the  plaintiff be a Dutch woman bring pound portion to her husband who agree with  her before marriage to leave a complete maintenance for her self and her child  not express what the marriage take effect but he decline in estate her friend  call on he and he thereupon assign certain bind wherein m be bind to he and a  letter of attorney be make after to to receive the money upon the bind who  receive the money of he the bill be to have the money from IV and S Mascal by  plea set forth the payment to S and that he have no notice of the assignment  of the bind and this be allow a good plea for Mascal but S plead a letter of  attorney and payment to he on good consideration but do not deny notice and  therefore his plea disallow and the agreement and assignment of the debt in  holland where such agreement between husband and wife and such assignment of  bind be good and they be to be allow here by the Lord keeper
case in chancery AUNAND ux contra HONIWOOD London orphanage a citizen and  freeman of London have two child marry one of they and give her a portion and  after make a will write and give her a further sum declare therein that his  estate shall be divide accord to the laudable custom in three c which will be  subscribe by he afterward he make two other will in write wherein be also by  he subscribe he declare that he have full advance the say daughter and in the  last do upon that reason give her pound she marry the plaintiff they sue in  chancery for a child part bring into hotchpot what she have receive and that  the other child may bring into hotchpot what he receive the suit be against  the executor c and decree accord upon the certificate of the recorder over as  far as make the that of may year who certify that by the custom of London that  a declaration make by a citizen and freeman c with his hand or mark subscribe  thereto though such write be make for the last will and testament and the same  afterward by he revoke be such a declaration as will let in such a child of  such freeman to a child part and it be further decree that the defendant be  examine before a master on interrogatory to one whereof he demurrer and set  forth that he and the testator be joint partner in the Trade of a  woollendraper and each bring in pound into the stock so they be Jointtenants  and he be survivor and claim the whole stock and the debt belong to the stock  by right of survivorship but the benefit of survivorship be deny be in Trade  though not merchantadventurer
case in chancery barker contra turner march the case copyhold a copyholder to  he and the heir male of his body purchase the feesimple to he and his heir and  afterward for a valuable consideration videlicet pound sell the land and  convey it to the defendant who be in possession diverse year the copyholder  die leave issue a son a special verdict be find at commonlaw the question be  whether the son bath right or no case in chancery er p now the Lord chancellor  be of opinion for the purchaser and that the conveyance be good against the  heir for the copyhold be sever from the manor there be no mean to bar it but  by conveyance at commonlaw the entail be not within the statute of Westminster  the second but the Lord chancellor take time to advice case in chancery de  boundary paschae year king James two in cancellar
case in chancery bishop against bishop S c Rep Chanc part award a award  confirm in part and make void in part case in chancery er p the Lord  chancellor master of the roll
case in chancery Bodmin contra VANDEBENDEN S c vern a jointress claim dower c  the Cause come again to be hear before the Lord chancellor and after long  debate decree for the plaintiff against the lease for year and a old statute  which Vandebenden have buy in for the Lord chancellor say he can not imagine  why a jointress shall be relieve against such a lease and not the widow who  have dower the jointress come in by contract and Act of the party the dower be  by Act of law ground on marriage the Act of both party the wife in that case  be by law more favour than the heir and the heir shall be relieve as if a  lease be make in trust to pay debt the lessor die the heir pay the debt shall  be relieve against the lease and set it aside and why not the wife I can see  no reason for it and Vandebenden can not but have notice that the Lord Bodmin  be marry when also Vandebenden have a statute of pound from the Lord Bodmin  but the Defeazance thereof appear not some of the counsel insist on it as a  strong proof that Vandebenden have abatement in respect of the plaintiff  possibility of Title other insist that a lease be create by the same  settlement by which the inheritance be settle only on a particular purpose and  then to wait on the inheritance shall be never apply to other purpose in  equity but be as a non ens other press that the wife for her dower be in law  in the per by her husband and shall be entitle to clear all encumbrance as  well and more than the husband notam the wife have not dower execute for the  judgement in dower be with a to be remiss execution during the term
case in chancery brook contra Bradley may the bill be to have a discovery of  gold and a great quantity of good which the defendant take out of the  plaintiff ship which good and ship the defendant take on the sea the defendant  set forth the charter make by the king to the African company of the sole  Trade in those part on the guinney coast and empower they to seize the ship  and good of any that shall trade in those part and justify under the patent  what he do and deny to make any discovery the plaintiff counsel offer to wave  the plea and demurrer Lord chancellor if you can help your self at law do so  but I will give you no assistance to discover here in prejudice of the king  charter
case in chancery brown contra brown April S c vern arbitrament the plaintiff  be tenant for life the remainder tail to mrs first second c son the remainder  to the defendant in tail the plaintiff have no son commit waste the defendant  bring his action for the waste and at the nisi prius by consent of the party  and rule of court the matter be refer to two of the jury to make their award  by Michaelmas on defect of a award then to Ballard a umpire no arbitrament be  make the umpire make his award and award pound damage the plaintiff exhibit  his bill to be relieve against the award and for equity allege first  excessiveness in the damage second the misdemeanour in the umpire that he have  declare before the umpirage make that he will not meddle in the matter and  after umpirage make declare that he make his umpirage for fear he shall be  arrest whence his counsel infer that he have be menace last that after the  submission the plaintiff have repair the premise and prove repair make and  that S will perfect the repair and therefore pray a new trial the defendant  insist that the umpirage ought not to be set aside without fraud or partiality  prove that his say he will not meddle in the business be in August before the  time he be to make his umpirage as the truth be and the defendant have notice  give he by the umpire to attend which he do not so that the umpire have no  notice of the reparation and if he have it be not material to avoid the award  the Lord keeper dismiss the bill
case in chancery burton contra October second report order that a report make  in the Cause be refer back but the defendant to pay cost if he change not the  report considerable but no time be prefix in that order for the master to  report by a subsequent order the report be to be make by the three of November  the master be attend several time and a few day before the three of November  give a certificate that he be ready to report but by reason of its length and  schedule of particular he can not finish it within the time and without  further order for further time do finish his report which be do four or five  day after the three of November the draught of which report the plaintiff  peruse and the report be file the first report and the second differ pound so  that the report be to the advantage of the defendant pound c but the plaintiff  proceed to the hear of the Cause and the second report be make out of time  videlicet after the time elapse for the make thereof the same be disallow and  the first report decree but if the defendant will bring into court the money  first report the second report shall be consider and the plaintiff get cost  tax to pound or thereabouts and now the defendant move that he be also but a  trustee may be discharge of the cost which be not settle by the decree but  impose only as a penalty in case he cause the plaintiff to travel in the  report without just Cause which he have not do as appear by the report the  Lord chancellor disallow the motion and order the cost unless the defendant  will bring the money first report into court and show much displeasure against  the master for make and fill the report without warrant express as if it have  not be gain gratis case in chancery lady harvey defendant at the suit of  thomas harvey executor to John
case in chancery butterfly against he on a plea the tinner article to deliver  tin to the merchant Customfree after delivery it be seize for custom and the  merchant sue to be relieve but be not for it be in fraud king Hix a tinner in  Cornwall article with butterfly to sell and deliver to he sixteen tun of tin  free from all custom and duty part of the price pay the rest secure to be pay  Hix after the tin be seize for that the coinage have not be pay which by the  custom of the stannary be a forfeiture in case that the tin be sell before  coinage pay or secure and because the forfeiture be by Hix butterfly sue he to  be relieve he have covenant to deliver it Customfree the Lord chancellor  dismiss the bill say I will break this Trade between the tinner and the  merchant for by this Trade the king be cozen and the coinage duty seldom  answer the tinner pay no duty sell to the merchant in small ingot and if it  chance to be take he affirm he do first pay the coinage and then put it into  small piece easy to hide and transport and if he be spy pretend he coin it  have first coin two or three slab and all the rest he transport and sell in  little piece by colour of coin one or two slab I will break this Trade the  Lord keeper finch
case in chancery contra Langton Nov mortgage mary lend pound and take a  mortgage of land call Sison for a thousand year in the name of her brother and  afterward do purchase the inheritance in the name of a three person and the  lease be assign to her she die intestate and her mother take Administration  the question be touch the benefit of this lease the heir to her her sister  claim as heir against the administratrix a difference be take at the bar  videlicet that if mary have be first purchaser of the fee and after purchase a  lease it shall wait on the inheritance and the administrator or executor shall  not have or keep it against the heir but here the lease be first in her Lord  keeper there be no difference in reason and therefore dismiss the plaintiff as  to this point and that the heir be to have the lease to attend the inheritance
case in chancery denny contra Filmer S c vern No new bill after bill of review  a decree pass where the bill be never answer but the bill take pro  acknowledged admitted fact though the party defendant never answer but only  appear by his clerk and the bill never read in court as it ought to have be a  bill of review be bring and on demurrer dismiss now the heir bring another  bill of review and though there be manifest error not only in the form of the  court but in the right videlicet two heir have Title as heir one of they  plaintiff have a decree for the whole who have Title but to a moiety yet my  Lord north dismiss the bill and say there be no remedy but in parliament and  cite mordant or Morgan case where a bill be ground on a deed case in chancery  er p whereto two witness be examine but the deed be not produce and the  witness not agree the bill be dismiss and a bill of review be bring and  dismiss and after the deed be find and affidavit of it c and then e bill of  review exhibit but dismiss because of the former bill which say the Lord  keeper be a hard case to which it be answer that it differ from the present  case for there the Cause be hear on the merit but here be not so much as a  answer Lord keeper dismiss the bill
case in chancery dominus ware contra owner meath march baron and feme a bill  be exhibit in chancery against the husband and wife for land in Ireland the  husband appear for himself but depart without make answer upon which process  continue against he to a sergeant at arm and now the first of march the  plaintiff press for a decree against the husband and wife pro acknowledged  admitted fact in the interim pen the process against the husband the wife get  a order to appear and answer and do answer set forth a Title to her self of  the inheritance and therefore no decree can be against her the court decree  the bill pro acknowledged admitted fact against the husband only that he  account for all the profit of the land receive since the coverture and the  profit which shall be receive during the coverture c Hutchins pro Def what if  it appear upon hear of the wife that she have a Title Keck we can proceed  against the wife for her answer be no answer be make without the husband be  answer note by the proceed in this Cause no decree can ever he have against a  feme covert for her inheritance if the husband will not appear Mr solicitor  who be a counsel for the defendant upon read of this report to he tell I that  the defendant never do appear but a Commission be take out for the husband and  wife to appear it be take by the court as if he have appear though it be never  execute for he resp quaere for a essoin or a original Writ cast or take out in  the name of a party be no error c
case in chancery duke contra duke settlement the bill suppose a settlement on  the plaintiff in remainder after the death of Elizabeth his former wife and on  certain condition depend on that estate of Elizabeth and be to examine witness  to those point the defendant set forth a settlement subsequent to the time  pretend for the first settlement on a second marriage and issue of that  marriage have fifteen year since and the plea allow for it be allege at bar  that in truth this bill be but a artifice to examine the second marriage  whether it be not in the life of Elizabeth the first wife and so to bastardize  the second child Lord keeper allow the plea
case in chancery Durston contra sans S C vern Chan r patron take bind to  resign perpetual injunction the defendant patron of the church of Messenden in  Gloucestershire take a bind from the plaintiff to resign upon request upon  hear the Cause a perpetual injunction be decree against the bind for the court  and all side agree that the bind be good yet if the patron make use of it to  his own advantage by detain tithe or the like the court will relieve against  the bind and in this case the patron do detain his tithe from the plaintiff  who he have present he pretend in his answer a modus kill but make no proof of  it and be patron of several other church have take bind from those he have  present and make ill use of it
case in chancery eastindia company contra interloper June S c sub nom  eastindia   v Sandys vern injunction to stop merchantship the eastindia  company have a verdict against interloper who in breach of the charter trade  but the company not be otherwise able to discover the particular of the  commodity c and damage exhibit a bill of discovery to which the defendant give  insufficient answer and so report by the master and the plaintiff Title be  find good at law and that their patent be good in law to exclude other from  trade into those part they now pray a injunction against the defendant to stop  certain ship which the defendant be set forth to those part to trade in  further breach of the patent and so the like be do former in case of the  printer for import bible Lord keeper the case be of a great consequence if it  be to stop action on insufficient answer but to forbid blow or trade or the  like I can but will advice
case in chancery ebrand contra dancer may bind take by a grandfather in name  of the grandchild be a provision and no trust the grandfather take bind in the  name of his child be infant the father be dead chancellor there be difference  in the case where the father be dead and where he be alive for when the father  be dead the grandchild be in the immediate care of the grandfather and if he  take bind in their name or make lease to they it shall not be judge trust but  provision for the grandchild unless it be otherwise declare at the same time  and decree accord on that reason though there be other matter notam eoden die  maii ex relation Mr finch solicitor a ship break the ship of be who sue in the  admiralty the ship for recompense I d become bail for the ship in the court of  admiralty whereupon the S p be discharge be sell to the defendant the surety  in proceed be condemned in the admiralty he sue here to be relieve and dismiss  ex relation Mr finch solicitor general case in chancery er p
case in chancery erswick against bind February a covenant to secure the  purchaser by other land not decree erswick and his wife seize in the right of  his wife convey the land to the use of himself for life with power to make  lease and sell the land and to secure the purchaser against such lease as may  have be make take a covenant against the vendor that within two year he will  convey other land to that intent the two year be pass and no collateral  assurance make next term after the two year expire the purchaser exhibit his  bill to have collateral security accord to the covenant the Lord keeper  dismiss the bill and take a difference between covenant for further assurance  of the land sell and collateral security of other land to encumber the estate  and the two year be elapse dismiss the bill ex relation sir John Churchill of  the plaintiff side
case in chancery everard contra warren Qure Chan Rep Chan Rep accountant  discharge on oath the defendant on account shall be discharge by his oath of  sum under S but a party shall not by way of charge charge another person so  Everard owner of some part of a ship take up several sum of money on bottomry  the defendant become bind with the plaintiff for the money the plaintiff  furnish the ship with merchandise the defendant take the ship and good and  employ they
case in chancery GARFOOT against GARFOOT November on a demurrer land devise to  be sell by executor who die the bill bring against the heir who demurrer and  overrule land be devise to the feme for life afterward to be sell by the  executor for young child portion the executor die the feme die the young child  prefer their bill against the heir he demurrer because but a authority in the  executor which be dead with they but the demurrer be overrule
case in chancery gibbons contra Dawley testament discretion distribution the  testator give several legacy and devise that the residue shall be divide among  several of his kindred by name sixteen in all in several proportion set down  by he but devise that the quantity of the residuary estate shall be as his  executor voluntary and without be thereto compel by law shall declare the  executor declare what the sum of the residue be and accord pay fifteen of  those legatee but the sixteenth exhibit a bill to discover the estate suppose  it more after much debate the Lord keeper disallow the plea say we must take  heed that we make not such example under which if man will be dishonest they  may shelter their dishonest deal and what if the executor will make no  declaration this court will have a account make
case in chancery Hampden against brewer November on a demurrer two executor  the one conditional be party the condition be break the other executor must  revive Richard Hampden make the plaintiff and his widow executor under this  condition that if the widow marry her executorship to cease and the plaintiff  to be sole executor the plaintiff and the widow exhibit the bill to which the  defendant answer and several order be make one inter alian by consent to refer  matter final to be determine then the widow marry and it become a question in  this case whether the plaintiff may proceed upon that bill wherein there be no  mention that the widow executorship be conditional but the bill be by both as  executor general or whether he must bring a bill of revivor and upon a  reference of that point to chief justice Bridgman he be of opinion he must  bring a bill of revivor though sergeant fountain upon produce the will under  seal whereby it appear the widow executorship be conditional ut above do  insist that there be no need of revivor this be the result of the former  debate a bill of revivor be bring which be to revive all the former proceed  and particular the order by consent the defendant do demurrer to the bill for  that it seek to revive that order whereas the feme be a party to it and she be  marry since her executorship consequent her consent be determine and upon  debate which be the only work of this day the demurrer be allow in court the  master of the roll
case in chancery haycock contra haycock eoden die double account party the  testator devise pound to a pound to b to c the executor waste the estate b sue  her executor who plead in abatement of the legacy to c and that the testator  by the will do also appoint that if his estate fall short to pay They that  each legatee shall proportionable abate which be no more than what the law be  in such case and if his estate do increase and improve then each legacy to be  proportionable increase and therefore c ought to have be party to the bill for  the account make with the plaintiff will not conclude c and so he shall be put  to two account and double proof and charge solicitor pro Quer in case a legacy  have be give to two one can not sue or if residuum will do you much good be  give to diverse they must all join but when legacy be give to diverse person  each alone may sue for his own legacy chancellor answer without cost
case in chancery herring contra WALROUND the same day a monstrous birth show  for money a misdemeanour herring year be deliver of two female child they be  baptise by the name of Aqulia and Priscilla the birth be monstrous for they  have two head four arm four leg and but one belly where their two body be  conjoin the birth be at Ilbrewers in the county of Somerset many people come  daily to see they and give money to the parent the father be a poor cottage  tenant to Mr Walround a justice of the peace who and the father enter into  article that Walround shall have the custody of the child and the benefit that  be to be make by show of they but be to pay the plaintiff one eight part of  that benefit and to maintain the plaintiff his wife and child for he have  other child so long as Aqulia and Priscilla live the bill complain that the  article be get from the plaintiff by surprise be prepare c but the contrary be  prove the child live but a month and then after the bill be exhibit to be  relieve against the bind and article and a account of the money receive by the  defendant for show the child which the defendant have embalm and cause to be  still keep the chancellor much dislike these do and decree the defendant to  bury the child within the week and to account for what he or his agent have  receive and full cost of the whole suit to the plaintiff who her husband the  former plaintiff be dead do revive the bill
case in chancery Hodges contra Waddington Dec executor pen a suit for the  estate voluntary pay a legacy the estate be evict he be remediless the  question and case be a administrator possess himself of the intestate good and  devise legacy and die his executor voluntary without compulsion of suit pay  the legacy there then be a suit in right of the intestate to recover the good  and after that the good be evict from the executor so that now he have not nor  true have asset for the legacy the executor sue to have back from the legatee  what he pay and in truth be not bind to pay but voluntary do the Lord  chancellor advice but in the same day in the afternoon the Lord chancellor  dismiss the bill because the executor pay the money voluntary without  compulsion by suit and dly with his eye open when he know that the estate be  in question so he be aware of the danger of the action if the suit for a  legacy be in the ecclesiastical court they make the legatee give security  because when the legacy be pay they can restore c but here the court well  decree a legacy without security unless in case of poverty or the like for  this court can reach the legatee again if there be Cause
case in chancery jefferson against dawson on a plea purchase protect purchaser  of land encumber with a statute purchase in a precedent statute have no notice  of the first statute Lord keeper if he have notice of the second statute  before he be dip in the purchase he shall defend himself by the first statute  whether the same be pay off or no if he can at law do it equity shall not help  he note in case proper for law a man must take the legal process c vern
case in chancery Jointenants c the survivor shall have the whole after the  death of the other before severance vern Chan Rep vern the mother have two  daughter a and b make her will and thereby devise to her daughter b to be lie  out by her trustee in the will name in land and to be settle to the use of the  say b and the heir of her body and if she die without issue then to the use of  the child of a who then have issue the plaintiff and the mother of the  defendant but before the money be lie out in a purchase b die without issue  and then the trustee lie out the in a purchase of land and settle the same on  the plaintiff and on the mother of the defendant joint in fee accord to the  will they be the child of a and they joint enjoy the same for some time and  then the mother of the defendant die before any severance be make of this  joint estate Carthew and now the question be whether the defendant shall have  her mother S moiety or whether the plaintiff shall have the whole by  survivorship and it be decree that the plaintiff shall have the whole and here  the follow case be put videlicet apiece be devise to two legatee and afterward  they take a mortgage joint to both of they for secure the payment of their  legacy with interest and there one of they die it be hold that the other shall  have nothing by survivorship because in this case the mortgagee be trustee for  each other and the mortgage which be only as a security make no alteration in  the case and in the principal case it be hold that if the money have not be  actual lie out in a purchase the defendant will have be entitle to a moiety  thereof for in such case there shall be no survivorship quod notam Carthew er  p
case in chancery juxon contra morris February see Lockner v stride Chan Cas a  officer within the statute of Edward as I take it a surrogate make a  deputation of his office render thereout pound per annum and exhibit a bill to  have a account the defendant plead that the deputation be void by the statute  and ought to have no account it be in effect a farm within the statute curian  after long debate the plea be allow
case in chancery king against Brownlow July matter former examine in the  exchequer not to be examine here suit for tithe a bill be exhibit in chancery  concern tithe and bind of a parish which proceed to answer and replication  then he exhibit another bill in the exchequer and there witness be examine and  now proceed again in chancery and reply the defendant plead the proceed and  examination in the exchequer and rule good as to examination of the same  matter which be examine to there be not to be examine in chancery case in  chancery er p case in chancery de term S mich year king car in cancellar
case in chancery knight contra cook eoden die mistake in a conveyance I S  seize of the reversion after a estate for life of diverse copyhold land and  two acre of freehold land which freehold land be in the possession of Ralph  and the rest in a b c I S assign to I d and surrender the copyhold and I d  assign the two acre of freehold to the plaintiff and inter alian the copyhold  in the tenure of James these assignment be on valuable consideration the bill  charge that this be a mistake James be name for Ralph and that the true  intention of the party that make the assignment be that the copyhold in Ralph  tenure be to be assign and that James have no copyhold there and therefore  must needs be intend that Ralph have because James have none James and Ralph  have both the same surname it be allege that the assignment and possession  have be twenty year but after it appear that it be but four year since the  tenant for life die the Lord chancellor incline at first against the plaintiff  but at last declare that the copyhold can not pass but by surrender only and  not by conveyance
case in chancery LAMPEN contra CLOWBERY Nov devise William Clowbery by his  will give to the defendant item to the daughter of the say oh Clowbery when  she shall attain her age of year or be marry which shall first happen the sum  of pound to be pay her with interest the testator die the daughter legatee die  under age unmarried Clowbery her father her administrator sue and have a  decree for the pound and interest thereof to be account from the death of the  testator and Lampen against who the decree be be executor c bring a bill of  review where on debate the difference be allow by the Lord keeper between a  devise of pound to one to be pay at her age of twentyone or marry there it be  due though she die before twentyone and where pound be devise if or when she  come to twentyone the point be a mere point in law be long debate Mr solicitor  argue that because interest be to be pay therefore the principal must be due  and say that the word transpose be pound with interest to be pay at twentyone  have make it plain and the interest must be intend for maintenance of the  child in the interim the it be say that this be contrary to the word which can  bear that sense without violence and pound and the interest be by the will to  be pay at twentyone or marriage not before twentyone c and he mean it that the  interest compute Viz from his death shall be pay for her portion and this be  best suitable andstands with the word and be rational Mantira c c in will  ratio Tacitus non debet to look at closely send word solum to look on to  withhold many men to be able to move chin testator who our latent therefore  per predicting chin durum be a word to go back the Lord keeper once pronounce  a reversal of the decree but be much press that the intention of the testator  will be clear in the proof he declare he will suspend the decree and hear  their proof
case in chancery Lingones contra Foley land sell where legacy be out of profit  decree that a devise of land to trustee on trust out of the rend and profit to  pay debt and legacy the trustee may sell the land it self this point rise on  sir Henry Lingons will against Foley who purchase and have notice of the will  Henry son of sir Henry Lingones devise land to be sell for payment of debt the  whole estate be encumber the trustee sell Stoke part of the land for pound and  the trustee assign to he several of the encumbrance buy off with his money and  allow good though the estate not whole free thereby case in chancery er p case  in chancery de term sanct trin year king car if in cancellar
case in chancery Lord Ranelagh contra Thornhill Nov S c vern interest on  interest bill of review to reverse a decree for money on account by the master  who report be decree the error allege be that the master have allow interest  upon interest for have make a total of diverse sum pay by Thornhill and  interest for they the master then add other sum after pay and then cast up the  former total which be compound of interest and principal and in the latter  allow interest for the first total c and the Lord Ranelagh be summon to attend  refuse or neglect and move to be hear but because not proper to be move after  a decree not allow by motion but now direct to be examine and rectify as to  that point but the rest of the decree to stand
case in chancery love and other against baker roll and Clutterbuck may S c  Freem hold overrule Lord Portalington v Soulby my king a Subpna serve on one  defendant here order to be good service for the other defendant beyond the sea  the defendant bring a JointAction at Leghorn against the plaintiff and have  there arrest the plaintiff good the defendant baker be here and the other  defendant at Leghorn baker answer here and by order a Subpna leave with he be  to be good service for the other defendant and thereupon a attachment for want  of a answer and upon this a injunction be grant to stay the defendant proceed  at Leghorn now the defendant move to dissolve the injunction and insist it be  a new case the Lord chancellor conceive it to be a dangerous case to stay  their suit there and so deprive they of their remedy to which it be answer all  party may have justice and be full hear in this court but the plaintiff will  be without remedy if the defendant proceed at Leghorn and get possession of  their good and the court declare they will advice with the judge herein and  afterward the Lord chancellor declare he have advice with the judge and that  they be of opinion the injunction ought to be dissolve say quaere for all the  bar be of another opinion it be say the injunction do not lie for foreign  jurisdiction nor out of the king dominion but to that it be answer the  injunction be not to the court but to the party the Lord chancellor
case in chancery meek contra tanton may mortgage party executor the bill be  against the heir of the mortgagor to have payment or hold without redemption  and because the administrator of the mortgagor be not make party the Cause be  open at hear the plaintiff can not be admit to proceed for in all mortgage the  money must go to the executor or administrator and not to the heir
case in chancery Mildmay contra Mildmay c S c vern conveyance in trust by the  husband for his wife baron and feme agreement elopement the plaintiff wife to  the defendant and coward her trustee sue to have performance of a agreement  make under hand and seal by which the defendant grant to coward who executor  the plaintiff coward be alibi rend of his manor of east camel in the county of  Somerset habendum for year if the wife live so long for the sole use of the  wife and if the rend fail by the death of tenant whereby the case in chancery  er p land may decay he will continue payment and enforce her demand because  the ecclesiastical court have give her alimony but less than they will have  otherwise give her in respect of this grant and for further equity that the  defendant have buy in some of the tenant estate whereby the rend can not be  recover at law the objection be saint that the grant be after marriage and  voluntary for her portion be pound she have on marriage a jointure of pound  per annum settle and the grant in question be make two year after and the rend  be duly pay till she undutiful elope from he as he depose in his answer dly  the case of it self be not a case for this court to favour and to decree for  the wife against the husband be to give her power over her husband or his  estate by a voluntary agreement of the husband the Lord chancellor decree that  the plaintiff shall not be bar to sue in her trustee name and that the  surrender or discharge of the rend by the husband shall not be make use of
case in chancery Morley versus Morley February trustee rob the defendant be  trustee for the plaintiff a infant and receive for he pound in gold a servant  of the defendant live in the house with he rob his master of pound and the  pound out of his house the robbery videlicet that the defendant be rob of  money be prove the sum of pound be prove by only the defendant oath Lord  chancellor he be to keep it but as his own and allow it on account so in case  of a factor so in case of a person rob for he can possible have other proof
case in chancery n progers contra the lady Fraser the same day on a plea S c  vern pound the case be custody of a idiot to one and his executor during the  Ideocy mrs Dennis be find a idiot by inquisition the king grant the custody c  of the idiot and of her estate real and personal to sir Alexander Fraser his  executor and administrator during the Ideocy he die progers get a second grant  from the king and sue the lady for the land c she be executrix of her husband  and devisee of the custody which she plead in bar the question be whether the  grant to sir Alexander Fraser be end by his death first it be a trust in the  king and therefore be not grantable to executor and assign second the like  grant be never make before three it can be so grant for if the party die  intestate who shall take care of the idiot therefore the office oh the  Marshalsea can be grant for year and fourthly what estate can the grantee be  say to have the it be say saint the king have not only a trust as in case of  lunacy but a interest for he have and may dispose of the profit of his own use  and grant they over and it be a chattel natural shall go to the executor of  the grantee and it be a special interest not proper a term like man and drake  case where a man have power to enter and take profit till pound pay and corbet  case coke and in case of wardship there be a interest and trust conjoin for  the law trust the king and his grantee to educate and maintain the ware and so  must be do in case of Ideocy as to maintenance of he or her Lord chancellor  say the case of idiot and ware be not alike the wardship be by reason of  tenure the Ideocy by prerogative and say he think the case of Gaolership not  grantable for year too easy slip over but the case be put off for he remember  a defect in the inquisition which find Dennis not a idiot a nativitate some  certain time
case in chancery needler against DEEBLE July the second mortgagee bind by the  account between the first mortgagee and mortgagor mortgagee sue the mortgagor  to pay or be foreclose of redemption a account be direct and settle before a  master and now a subsequent mortgagee who mortgage be make before the former  bill be exhibit sue the first mortgagee and mortgagor to have a new account  suppose the former account to be false and make by consent and fraud but do  not insist on any particular as in such case he ought the Lord chancellor  declare that the account shall bind the second mortgagee without far  examination if the fraud and collusion be answer for the first mortgagee do  all he can and be not bind to seek after the second mortgagee for then it  shall be in the power of the mortgagor to make the assurance uncertain and  endless to the mortgagee it shall suffice to deny the fraud and collusion case  in chancery de term S mich year king car two in cancellar
case in chancery paget contra paget c question Richard v chamber and seaman v  Duill Ves wife be money decree to buy the husband a office c Thomas Lord paget  decease have several son whereof thePlaintiff be one he by good assurance  appoint inter alian pound to be for portion of the young son the plaintiff  proportion thereof come to pound or thereabouts but he become indebt and have  spend pound which he desire one of the defendant the now Lord paget to pay he  out of his portion which be in the defendant hand and to relieve he he be  content to do so as out of the rest provision may be make for his wife and  child to be lie out in land for it be fear that he may waste the rest and  article be enter into accord that the rest shall be so lie out but the  plaintiff be further indebt he sue to have some further proportion for he may  better provide for himself and family if he may be supply with pound to buy a  office and pound to pay his debt the Lord paget submit to the judgement of the  court and be Willing to pay the money into court or as the court shall order  the Lord chancellor propound often to the defendant counsel what sum shall be  pay they say they may not consent the article be that it must be lie out in  land and the wife be concern and no party to the bill the wife happen to be in  court and say she desire the money may be lie out as her husband have pray and  be examine by the Lord chancellor answer accord whereupon the Lord chancellor  decree that pound shall be pay videlicet pound to pay debt and pound to be lie  out to buy a office but not to be pay to the plaintiff himself but for a  office and in the mean time the Lord paget to pay the interest for he do off  er to pay the whole into court or keep it at interest and it be further order  that the plaintiff shall procure the office within month Qure if the office be  buy and the husband die quid
case in chancery Ratcliff contra grave Nov S c vern a executor lend and  receive interest a executor liable to debt and legacy Payable in going to be  and have money of the testator in his hand lend it at profit and receive it  and the profit or interest thereof the debate be whether he shall answer the  interest he receive as asset Lynchs case and other case ante and the case of  Mr Cartwright in this court where it be decree that the executor shall not be  charge and affirm in a appeal in parliament be cite and the reason give then  and now give because the executor not be bind to lend c if he do lend it be at  his Peril and if it be by that occasion lose he shall answer the same out of  his own estate and therefore as he shall bear the loss he shall have the gain  the Lord keeper remember cartwright case for he say he do not like that case  case in chancery er p for say also that when the executor lend it on security  he may secure himself for a small matter finch solicitor my Lord the security  so take may fail Keck it have be take here as a rule that the executor shall  not be charge yet now the Lord keeper decree the executor shall be charge  notam also that this term be declare that where a lease for year be to wait on  the inheritance that it shall be asset as to debt as well where the interest  of the lease be in the hand of a stranger and not in the owner of the  inheritance as when it be in the beneficiary who trust of the inheritance and  the interest of the inheritance in a strange trustee notam contrary to former  resolution
case in chancery rothwel contra sir Charles hussey dame hussey c novemb lease  parole trust in four three lease sir Charles Hussey father of the defendant  Charles c seize in fee make his will and devise the land in question to sir  Richard Markham b b W b and white for one and thirty year in trust to pay his  debt and portion to his daughter and after for his heir and die the will be  prove in common form and sir Richard Markham and two other of the trustee  without white the four trustee by write under their hand authorize rise who be  sir Charles Hussey bailiff at the time of his death to continue and to receive  the rend manage and let the land who by parole let they to one bonnor for  eleven year bonnor assign to the plaintiff who enter and enclose c there be a  action at law bring by the heir and a ejectment seal and judgement in both  action the plaintiff bill be to establish his possession and to be relieve  against the action the equity be because the lady Hussey detain and conceal  the will so as the plaintiff can not make his defence at law by the will be of  land so as the probate be not evidence and in truth the lady have the will and  confess she have a paper subscribe by sir Charles Hussey but know not that it  be her husband be will and she do now produce it in court at hear yet because  the plaintiff Title be but a lease parole the Lord keeper declare he will  never give relief and second for that the lease be a breach of trust be by  authority of three only and he will not give relief to a lease make in breach  of trust therefore he dismiss the bill though it be object that the verdict be  on the heir Title which be contrary to the trust
case in chancery row contra tillier S c Chan Rep portion copyhold surrender on  condition the father seize in fee of copyhold land surrender they by the hand  of two tenant videlicet I S and his own brother tillier father of the  defendant and now dead to the use of his brother tillier and his heir on  condition that tillier pay to Katherine the only child of the survivor when  she come to the age of twentyone pound provide if his daughter die without  heir of her body then tillier the brother shall have the pound the father  survivor die leave his daughter a infant not two year old the daughter at  eighteen year marry the plaintiff and have issue George and die when she be  twenty year and a half the son die a infant the plaintiff husband of Katherine  the daughter and father of the child take Administration to they both and sue  the son and heir of the beneficiary a and the surrender be make for the pound  who insist that the money be not due because the daughter never come to  twentyone accord to the condition pasch the pound decree to the plaintiff the  father give his personal estate of good value to his say brother but nothing  else of his own to his say only child case in chancery er p
case in chancery Scythian plant January the wife be answer not prejudice the  husband testis one by one the wife executrix to her husband marry a second  husband a bill be exhibit against they to discover the trust the husband and  wife disarm in the matter and put in several their answer the husband deny the  trust but the wife confess it the Cause proceed to hear and the plaintiff  prove the trust only by one witness which the plaintiff insist on with the  wife be confession to be sufficient the matter be but in that wherein she be  concern as executrix but the bill be dismiss because the wife be answer shall  not bind the husband ex relation sir I Churchill and sergeant Rawlinson for  accord to the case of paget and paget post the wife be answer alone without  the husband be no answer but where the husband put in a plea in the name of he  and his wife and he swear it though the wife refuse to be swear yet the plea  shall stand as to the husband see Chan c case in chancery de term sanct hill  year king car h in cancellar
case in chancery Scythian plant the same day unreasonable agreement not decree  where the agreement for a marriage which short videlicet within seven week be  have but in the interim the young man have make address to another but the  agreement be reduce into write and not seal and be extreme that the daughter  and her husband will have more than the father indebt and the mother and two  other daughter unpreferred will have leave the Lord chancellor do not decree  the agreement but if the plaintiff can recover at law he will leave they to  that remedy it be refer to the party to agree among themselves else to attend  again
case in chancery sir robert henly contra June guardian not advantage by  bargain decree if a guardian to a infant who land be encumber with arrear of  rend to the value of pound and he have in his hand of the infant estate pound  and buy the pound arrear for pound he shall not charge the infant with the  pound touch the duty and obligation of guardian in equity vide ante Chan c c a  Writ of ne exeat kingdom grant in any case where there be danger of subterfuge  from the justice of the nation though of private concernment case in chancery  de term sanct mich year king car two in cancellar
case in chancery Strickland with contra coker guardian of a infant bind in his  own estate by covenant of the infant the guardian be party to the indenture  Coker be seize for life of the prebend of Alton be a churchlease in trust for  Robert Strickland a infant on a treaty of marriage to he have between the  infant and the plaintiff and pound portion to the infant use a indenture be  make with the consent of Coker guardian or pretend guardian whereby the infant  covenant that the lease shall be surrender and a new lease take and the wife  be life therein for her jointure but though Coker seal the indenture yet there  be no covenant or agreement on his part but be make party only to show his  consent the marriage be have the portion pay the husband die the lease  surrender and the wife be life put in the widow sue Coker to assign for her  life and decree accord and Coker pretend the trust be in the first place to  pay debt to he it be decree the debt shall be pay out of the trust after the  widow death the decree be affirm on a rehear case in chancery de term sanct  hill year king car ill in cancellar
case in chancery WAKELIN contra Walthal December verbal agreement no stay to  execution of a decree a decree be pass the defendant to a bill to execute the  decree set forth a parole agreement in bar to which answer the plaintiff  demurrer and the chancellor allow the demurrer though the agreement be  subsequent to the decree the decree shall proceed and if the defendant will  have advantage of the agreement let he bring a original bill for if he have  advantage by it in way of defence one witness may serve his turn but to a  original bill here if he in his answer deny the agreement one witness will not  convict he so as by this way of answer the plaintiff shall lose the benefit of  his answer case in chancery er p
case in chancery waller against dalt may a young gentleman take up ware c and  relieve Waller a young gentleman and two other employ one Willis to borrow  pound Willis employ Wiltshire who speak to dalt a silkman and buy of he silk  for pound the plaintiff give bind and judgement for the money Wiltshire sell  the silk for pound and keep pound for his and williss pain and pay pound to  the plaintiff the defendant never treat with the plaintiff Anddenied on oath  that he ever treat about the loan of money and depose the silk to be of pound  value or thereabouts but proof to the contrary case in chancery er p decree  only pound and interest quaere for the interest and relief against the  defendant quoad resid see the case vern where three young heir have buy good  of a tradesman and bind themselves to he joint c to pay thrice the value at  their father be death yet each of they be relieve on payment of what be the  value of the good which he separate have and the like case in vern see also  vern and of unconscionable bargain get from heir set aside in equity see young  heir who have sell their reversionary interest in estate at under value  relieve in equity vern one just come of age entitle to a estate of pound per  Ann be draw into a statute for pound on which he receive only be relieve  against the stat vern and a multitude of case be where equity have relieve  against catch bargain and fraudulent or underhand agreement vide vern vern and  note in detestation of fraud equity have set aside not only article agreement  conveyance marriagesettlement will c but even fine recovery judgement and  other matter of record see vern vern c new Eq can case in chancery de term  sanct trin year king car h in cancellar
case in chancery white contra small conveyance voluntary make by a person weak  though no lunatic avoid decree that conveyance make to the defendant by  Elizabeth merchant of a equity of redemption be set aside the bill be ground  on weakness and lunacy of Elizabeth the plaintiff cousingerman and heir to  Elizabeth the defendant cousingerman in the same degree No proof of lunacy but  she be weak of understanding she can read and teach a child to read two day  after the deed she say she have make it to the end the defendant shall have  the land yet because the former communication of such grant be before and no  consideration in the deed but fraudulent prepare and obtrude on Elizabeth it  be set aside by the Lord chancellor where voluntary conveyance be to be hold  fraudulent or not see Chan c c ante post case in chancery de term sanct trin  year king car h in cancellar
case in chancery William barber against William take and Charles Lindsey  January a conveyance for year be not a revocation of a devise in fee but pro  tanto only Matthew Lindsey be seize in fee of the land in question and by will  in write devise they to the plaintiff in fee and after mortgage those land to  the defendant take for year and die the defendant Charles Lindsey be his  cousin and heir and the question be who shall have the redemption the  plaintiff barber or the heir for the plaintiff it be insist that the devise to  he be of the fee and the mortgage after be but a term for year that be a  revocation but pro tanto and not pro toto and the devise do notwithstanding  pass the reversion and consequent the equity of redemption and of that opinion  be the judge but the defendant the heir counsel insist that there be a actual  revocation of the whole will it be direct to be try whether there be a actual  and total revocation the Lord keeper
case in chancery William stride contra edward stride his brother not in issue  yet prove the bill be for evidence of the inheritance which the plaintiff  claim by descent the defendant set forth a Title to a lease make by their  father to he for sixty year but now at the hear show a conveyance to he by the  plaintiff himself which be prove in the book as well as the lease the  plaintiff counsel my self and other allow the lease but pray the write touch  the inheritance for the proof of what be not in issue be idle the proof must  be of what be allege else the plaintiff be prevent from cross examine or  allege to the contrary as if he have a reconveyance release or the like Lord  keeper I shall not decree a inheritance away against what I sea and dismiss  the bill
case in chancery Winkfield contra comb accident testament devise to a child in  ventre sa mere which be bear and die extend to subsequent child in ventre c f  Winkfield have a son and other child marry the plaintiff mother and five year  before he die make his will and take notice therein that his wife be ensient  devise pound to the plaintiff and if the child en ventre sa mere be a daughter  then she shall have pound but if a son then that his executor shall purchase  pound per annum and settle the same on the son and his heir male of his body  and if he die without such issue to the plaintiff the wife be bring to bed  with a son who die in the lifetime of the father then the father die and the  wife ensient with a daughter to who no portion be leave or other provision and  the plaintiff exhibit her bill to have the land purchase and settle on her for  if land be devise in tail the remainder over the devisee die without issue the  remainder shall take place and there be the same reason here chancellor in  case of a devise I can help where the law fix the estate but if you come to  have relief in equity and there fall out a unseen accident which if the  testator have foresee he will have alter his will I shall consider of it here  he mean in case he leave a daughter bear after his death she shall have be  provide for and though it happen that his wife have no such daughter videlicet  case in chancery er p whereof his wife be ensient at the time when he make his  will and to which daughter only the word of the will extend yet here be the  same in effect a have only a daughter devise his trustee shall convey the land  to the daughter in fee the testator recover and after have a son the daughter  shall not carry the land from the son and now the Lord chancellor direct a  bill to be bring whereto the posthum daughter shall be a party and both cause  to be hear together
case in chancery wright against hobbling June plea of account state overrule  though the defendant but a executor and the account state by the testator see  and note the case of the duchess of Marlborough and sir Vanbrugh new case in  law and equity d part page ant Chan Cas a account state and a balance thereon  make whereby pound be due to the defendant testator and the plaintiff recite  the debt by the account and covenant to pay to the testator and now sue to be  relieve suppose that pound to be mention in the account and wherewith he be  thereby charge and that though he be once charge therewith yet at the time of  the account he be not because when he come home he find that his servant have  pay the pound to the defendant testator and that a be so enter in his  accountbook but when he make the account he have not his book the defendant by  way of plea say it be a state account and the balance thereof secure by write  under hand and seal and that he be but a executor know not how to account and  set forth that he believe that his testator upon his account deliver up his  note and voucher and that no state account can stand in court if this or that  particular of it shall be question my Lord keeper overrule the plea and cite  backwel and squire be case but to proceed no far than answer without leave of  the court
case in come banc Jones t Thorold against baily hill car plaintiff need not  set forth who by name commit administration to the defendant salk lev lev see  sir m hale note on f n b d debt against a administrator the point on the  defendant demurrer be whether the plaintiff ought to show the name of the  person that grant administration to the defendant say who demurrer cite cro  James case of wade and Atkinson h old book of entry but the court hold the  allege in the declaration that administration be commit to the defendant debt  is owed law form to be sufficient without show by what ordinary and judgement  be give for the plaintiff
case INGLEHATH against jones in it Hilary term Elizabeth roll in a action for  word if the placie where be make material by the defendant plea the plaintiff  may at his election traverse the place and join issue upon it or may by  general word maintain his declaration post   light b I sand more stram ld ray  action for word thou art a bankrupt knave and a pocky knave and let they hear  witness that stand by and I will prove it the defendant plead that he speak  the word at d in Essex and that at such a place c he have make a accord with  the plaintiff for all trespass action and debate in every place except in  London and have give he satisfaction for they without hoe that he speak these  word in London the plaintiff reply that he speak the word in Londonprout c  without hoc that he make such a accord prout c upon this it be demurrer in law  for it be say the plaintiff must maintain his declaration and be not to  traverse that which be but a inducement to the traverse Glanville the traverse  take in the replication be good for the place where the word be speak be not  material but when the defendant by his plea have make the place of speak  material there the plaintiff have election to maintain his declaration and  that the word be speak there and join issue upon it or may by general word  maintain his declaration and traverse that which be false allege to take from  he his action and he be to he receive to which of the plead he please and cite  Edward pl Edward pl Edward pl and afterward it be adjudge for the plaintiff
case Ingoldsby against johnson a modus to pay one species of tithe in  satisfaction of another species of tithe be have ante more Sav roll ab Leon  stranger wood Inst prohibition for sue for tithe of dry cattle and surmise  that he use to pay the ten sheaf of corn the ten cock of bay the ten fleece of  wool the seven calf and the parson to pay one penny ob and the eight calf if  he have eight and the parson to pay one penny el such usque ten and if he have  under the numher of seven to pay only a halfpenny for every one and so after  that rate for lamb and colt and that it be in satisfaction for the tithe of  all dry cattle and for all other tithe of corn bay and cattle and it be  thereupon move that this surmise be not sufficient for that which he use to  pay be but the tithe in kind and therefore can be in satisfaction for the  tithe of other thing than themselves and this be the opinion of the whole  court but if he have jade this be prescription only for his dry cattle for his  plough or to manure his soil it have be otherwise but this general  prescription can be good for then thereby he will excuse all feed cattle  although he keep or more which be not reasonable whereupon consultation be  award croak Elizabeth er p croak Elizabeth michaelmas term and Elizabeth in  the common plea sir Edmund Anderson Knt chief justice Thomas Walmsley Esq  George Kingsmil Esq Peter WarVerton Esq justice sir Edward coke Knt  attorneygeneral sir Thomas Fleming Knt solicitor general
case inhabitant OF battersea against Westham the session may confirm a order  of removal though it have be previous quash during the same session two  justice make a order to remove a poor man from Westham to Battersea the  parishioner of Battersea appeal to the session and the order of the two  justice modern er p be set aside afterward but in the same session upon  allegation of counsel the session supersede their first order and confirm the  order of the two justice a motion be make to this court and it be allege that  the record be in the breast of the court during the whole session and  therefore they may lawful supersede their own order to which it be answer that  they have once execute their authority they can set it up again the court  affirm the second order of session and quash the first
case INKERSALLS against SAMMS in assumpsit the day upon which the promise be  lie in the declaration be not material and if the jury find a general verdict  accord to the issue and a special matter against it the special matter be void  ante post Jones cro James cro Elizabeth Leon hob stram Com dig Cowp dougl term  Rep assumpsit against the defendant as executor whereas the testator in his  life videlicet upon the October James in consideration of five pound lend unto  he promise to pay c the defendant plead that the testator non assumpsit the  jury find that the testator assumpsit modus et form but that the testator die  such a day videlicet in James so that he be dead a year and more before the  time which be allege in the record and at the first argument the court hold  for the plaintiff that the verdict be that the testator assumpsit modus et  form the find over croak car that the testator die before the time mention in  the declaration be idle superfluous and not material nor be the day of the  assumpsit material and although he be dead before the day mention in the  declaration it be good enough and thereupon it be adjudge for the plaintiff  vide Elizabeth dyer   Goddard case
case Ireland against Goodale Michaelmas term pound Elizabeth in the exchequer  Chamber to say I will prove he forswear import that he be forswear and to add  before such a judge be tantamount to save he be perjure ante plead error of a  judgement give in the queen bench hill Elizabeth in a action for croak  Elizabeth er p word against Goodale the plaintiff there declare whereas there  be a suit hetween Ireland and one I S in the queen bench which be try by nisi  prius and the plaintiff be produce and swear as a witness before sir John  Popham c that the defendant speak these word of the plaintiff to stranger I  will prove he innuendo the plaintiff forswear innuendo before sir John Popham  chief justice and it shall cost I but I will make his ear afraid after verdict  it be adjudge for the plaintiff and now assign for error that the word be not  actionable but all the justice and baron hold that the action be well bring  because the word be very scandalous to say that he will prove he forswear  strODgly import that he fflrmed that he be forswear for otherwise he can prove  it and in say that he be forswear before such a judge be tantamount as if he  have affirm that he be perjure a second error assign be because the defendant  plead a justification and the plaintiff reply de inurid shall proprid c and  the jury find that the defendant speak the word modus et Jormd prout the  plaintiff have declare which be not a good verdict upon this issue for the  justification be part of the issue and a great part lof the judge and baron  conceive ib to he a error but because it be inform that the record be not well  certify they will advice thereof
case Ireland against Higgins Trinity term Elizabeth roll trover lie for a  greyhound and it need not he aver that he be tame a mastiff a hound a object  of hope ni l and a tumbler the law will take notice of levinz Leon bro Ent  Henry pl you   b hob I sand roll Abr Owen cro lev content cro James salk  assumpsit the plaintiff declare that whereas he be possess of a greyhound  which come to the defendant hand by trover and that he promise to deliver it  upon request the defendant demurrer upon the declaration lee argue the action  do not lie for be out of the plaintiff possession he have no croak Elizabeth  property in it be fierce naturce Elizabeth dyer Henry and by a grant of in all  respects good et catalla a dog passes not Tanfield contra he agree that if it  be fierce naturan there be no consideration of the promise but a dog isa thing  that be tame by industry of man and the law regard it as any other hest and be  of as good use and there he four kind of dog which the law regard videlicet a  mastiff a hound which comprehend a greyhound a spaniel and tumbler and he have  see a precedent in Henry roll where in trespass of assault and batter the  defendant justify that I S be possess of a dog ul de good not common with  others and deliver it to he to keep and that the plaintiff will have take it  from he in which he resist he and in defence and custody of his dog he heat he  and the hurt which he have be de son tort demesne c and to this the plaintiff  be put to answer and say de son tort c which prove a property in the dog when  he justify the heat of one in defence of it Edward avowry a replevin lie of a  ferret which be of a more base nature and Elizabeth I S bring trespass for  take of a bloodbound and find for he and he recover l damage and the plaintiff  need not in this case aver the dog be tame for the law intend it as of a horse  and it be adjudge for the plaintiff
case Ireland case a nonsuit in replevin after evidence be not a trial within  Henry c though the jury assess damage for the avowant post Goulds hob Bac ab  error upon a judgement in a replevin in the common plea the declaration be in  easter term the defendant imparle and afterward plead and nothing do more in  Michaelmas term in Hilary term the plaintiff reply and they be at issue after  evidence and before verdict the plaintiff be nonsuit but the jury give a  verdict for the damage the plaintiff assign this for error that it be a  discontinuance the court hold it to be a manifest fault and the plaintiff may  assign it though it be for his advantage and it be hold that though a verdict  be give for the damage yet it be but in the nature of a inquest of office and  therefore it be a discontinuance not help by the Henry c or Elizabeth c as  discontinuance after verdict find the judgement be reverse
case Ireland case in debt on bind the defendant on bring principal interest  and cost into court shall be relieve against the penalty vide ante post salk  Raymond move to bring principal interest and cost into court and to be relieve  against the penalty Montague urge that in this case they will not relieve in  chancery unless the party obligor will pay a debt barrable by the statute of  limitation and insist on the like benefit here this be a equitable motion but  the court will not hear of it but make the common rule note the whole penalty  must be bring into court because interest and full cost be to be tax and one  may have the remnant out immediate by and Ann c in a action on a bind with a  penalty if the defendant bring into the court where the action be depend all  the principal and interest due and all cost expend in any suit in law or  equity upon such bind the money bring in shall be take in full satisfaction of  such bind and the court may give judgement to discharge the defendant of and  from the same see will term Rep stram term Rep term Rep but in debt on bind  with condition to account for money to be receive the court will not stay  proceed or payment of the penalty into court for in such case damage may be  recover for more than the penalty Lord Lonsdale v church term Rep b
case ireton against newton transitory action may be in b r though the party  live in Chester S C keb Cowp wile justice say that action personal transitory  though the party do live in Chester yet they may be bring in the king court  modern er p
case ison against grey to answer ouster to a plea of outlawry roll Rep dyer    b cro car   more salk ld ray debt the defendant plead outlawry in the  plaintiff the plaintiff say nul tiel record the truth be that at the time of  the plea he be outlaw but before the day assign for bring in of the record it  be reverse the court order a to answer ouster
case isted against clarke misnomer SC Lutw SC n Lut SC comb debt on a bind the  declaration be against sir Robert clarke on a bind name he John and it be sign  Robert after non be factum plead there be a verdict find that the defendant  sir Robert seal and deliver the bind and judgement for the plaintiff but this  judgement be reverse in the exchequer Chamber say quaere account a
case IV   b h hob executor debt be bring against two executor they plead that  the testator make another person videlicet a his executor along with they who  have lev side pl swallow versus Emberson side administer and be in full life  at Durham and not name in the writ and they pray that the writ shall abate the  issue in this case shall be try at Durham and a writ shall be award to the  bishop of Durham for the trial of this issue and after the trial to remand the  record to the court out of which the writ issue by the judge in the  exchequerchamber e pl e h e Fitzherbert executor h dyer   a two executor be  make one of they do not administer a writ of debt in this case lie against he  alone who administer for he who refuse to meddle with the estate of the  testator shall not be charge with it Jenkins but where two be make executor  and one of they prove the will and administer alone in a suit for a debt due  to the testator the suit ought to be in both their name for be who refuse or  do not meddle with the estate remain executor to advance the benefit of the  testator and not to his damage where be do not meddle with the estate and he  remain executor during the life of the other although he refuse before the  ordinary
case IV Elizabeth dyer verdict fraud partition elegit dyer b     Plowd a  purchase a manor of b before the say sale make by b to a b have purchase some  tenancies of the say manor be within the say manor and hold of it this manor  descend from a to his two daughter the say purchase of the tenancies belong to  b for they be not parcel of the manor at the time of the sale upon a partition  to make of the say manor although a have afterward purchase they in fee yet  the say tenancies so purchase be not to be divide where the writ be of the  manor only if it be difficult for the juror to find what tenancies the lord  have purchase within the manor they ought to follow having appearance of truth  commendable and not to find the matter special upon circumstance and leave it  to the court for it be a matter of fact and the jury ought to give a positive  verdict by all the judge of England the same law upon a elegit dyer where  fraud covin or other doubtful matter of fact occur to the juror they ought not  to make a special verdict of it but give a positive and categorical verdict
case IV I h Keyleway h remitter recital estoppel a be attaint of treason a  office be find that a be seize of the manor of dale on the day of the treason  commit the king grant this land to b in fee in truth d be in possession of  this land and it be his inheritance b reconvey this land to the king a act of  parliament be make by which it be ordain that the say attainder of a shall be  null the king afterward by patent recite the right of d grant this land to d  and his heir d in this case be remit his ancient right in this manor by all  the judge of England d have not be remit without this recital but estopped by  the acceptance of the say patent from claim any other right than by the patent  h Br case
case IV I h Keyleway patent remitter petition recital b   b a act of  parliament give to the king all the land of which a die seize save to stranger  their right be office be find that a die seize of the manor of dale b who have  right to this manor be put to his petition of right if the king in this case  recite the right which b have grant it to he by patent in fee b be remit and  shall deraign the warranty paramount as if he have recover this land by  petition out of the king hand if the patent have not such recital b will not  have be remit by all the judge this recital and grant amount to a restitution  upon a petition of right if aid act of parliament give the manor of dale  special and by that name to the king Jenkins er p save the right of those who  have right or save the right of stranger this save be void for it be repugnant  and the certainty and the special name of the manor take away the right of the  owner and also the owner be party to the act
case IV the king give a manor to a bishop and his successor to be parcel of  their barony the bishop let we it for life without the king licence the king  shall seize it for the forfeiture if the tenant of the king in capite before  the statute I e ch have alien without licence if be a forfeiture of the whole  but since the statute he shall only pay a fine for the alienation by all the  justice Ordo an overseer be robur republic the French original be deins anns  pass part deal revenue deal vesque fueront pass all roy a say subject if we  add the letter S to the word part as it be necessary to make it the nominative  case to the verb fueront the meaning will be that the bishop within one  hundred and thirty year before our author write lose threefourths of their  revenue but the fact be quite otherwise for the order of bishop consider alone  receive a large addition of revenue within that time and so do the university  within one hundred and thirty year last pass a three part of the revenue of  the bishop have pass to the king and to his subject
case IV Yel SC Brownl SC Carth salk show side mich James Jeffrey and grey  error h Br case hob arbitrement issue replication confession evidence  repugnancy debt upon a obligation to perform a arbitrement the defendant plead  the plaintiff release issue be join upon it and find with the plaintiff he  have judgement affirm in error although the plaintiff do not allege any part  of the arbitrament and a breach of it in the defendant the law require that  when it be plead that no arbitrement be make not where the arbitrement and  breach of it be confess as in this case be impliedly do so of a bind for  performance of covenant and the defendant plead a release and issue be join  upon it for the plaintiff be force by the defendant plea to answer to the  release and have no occasion to show any breach of covenant for the reason  aforesaid in a assize where the tenant plead a release the seize be impliedly  confess this be the reason that where not guilty be plead in trespass a  release can be give in evidence for such evidence and the defendant plea be  contrary a release imply a confession of the trespass and a discharge of it by  the release
case ive against ambrei outlawry reverse for diversity in the name of the  attorney ante dougl error upon a judgement in debt and outlawry thereupon the  error assign be for that the plaintiff appear and declare and prosecute per  Ivonem attornalum suum as the plearoll be but the roll of the warranty of  attorney be to put down Jovem son attorney and for this cause it be hold to he  error and shall not he amend but the judgement and outlawry thereupon be  reverse
case ive against chester in a action for good sell and deliver to a infant it  shall not be intend that they be necessary for his own use but that fact must  be special allege ante post Poph cro Elizabeth roll Rep carter   light salk  Lut Carth stram andr lev term Rep assumpsit by William I have and his wife  executrix of Anthony Horuby against Edward Chester for that the defendant in  consideration the testator will buy and pay for the defendant these ware  videlicet twentyfour yard of lace eleven yard of velvet three yard of broad  cloth and will make for he a cloak promise not only to pay to he such sum as  he shall expend for the say ware but will pay to he as much as he deserve for  make the say cloak and allege in facto that he buy the say ware and lie out  for they twentyone pound and that he make the say cloak and deserve for make  thereof six shilling wherefore for the nonpayment he bring the action second  that the defendant be indebt to the testator in twentyseven pound croak James  er p for a doublet and a pair of hose of velvet make for he and deliver by the  testator and promise payment and have not pay it for which he bring the action  the defendant plead that at the time of these several promise he be within age  croak throw the plaintiff thereupon demurrer and after argument at the bar it  be adjudge for the defendant in regard it do not appear that this cloak  doublet and hose be for himself nor if it have be aver they be for himself for  his own wear yet it not be aver that they be necessary and convenient for he  to wear accord to his estate and degree therefore this promise shall not bind  he and so the action not maintainable vide Edward pl Henry pl Henry pl stone v  Withypole cro Elizabeth mackrel v bachelor cro Elizabeth
case IX cy James sir Thomas Beaumont case slander justice de peace amendment  word speak of a justice of peace plaintiff he for malice and spleen do many  time wrest the law and pervert justice for his own turn without allege any  particular matter or that the word be speak of he after he be make a justice  or any discourse concern his office the plaintiff have a verdict upon this  count and judgement affirm in error the speak of the plaintiff be a sufficient  averment and the count be that he be and for diverse year have be a justice of  peace and it shall be intend that the word be speak of he be in his office
case IX Elizabeth dyer pardon livery office roll Abr a tenant by knight  service in capite die his heir of full age he enter and take the profit before  any office find Elizabeth a Act of parliament pardon all Jenkins er p entry  and intrusion this discharge the mesneissues take and justify the entry and  amount to a livery the entry before the office be pardon all the consequence  of it be pardon livery be make to the heir to justify his entry and a office  find afterward come too late by the court of ware and the judge assist there  if there be a intrusion and a office find of it a pardon after the say office  ought to pardon the intrusion and the mesne profit or else it will not  discharge they for they be vest in the king and be vest they can be discharge  without be mention in the principal case they be never vest for the say pardon  before office find prevent the vest of they h Keyleway if the king pardon to  the heir within age the intrusion and profit take before office find this be  good for the intrusion and those profit but not for the issue take after the  office nor for the value of his marriage
case IX h Keyleway   light a dyer liver general special livery abolish c cap  after office find for the subject in due manner as the law require and proof  of the full age of the heir a general livery be due to the subject of right  and can be deny to he or delay a special livery may be deny for it contain a  pardon for intrusion and mesne rate and such livery serve notwithstanding the  not find of a office for the heir or not sue a writ or though the proof of  full age be insufficient for this special livery be de agreeableness king and  be common use at this day
case IX in the time of James the first e ejection strong exposition de parols  ejection strong de ten promontory pisarum adjudge in error as good as de ten  promontory to sow cum pisis where promontory be a how overwhelmed they ought  to be demand for the water be the whole benefit of they to speak ut vulgus  ninian fineness of texture in jure to disapprove
case IX r corporation precedent the mayor and commonalty of Southampton have a  assignment from the king of a sum of money to be pay yearly to they and their  successor out of the custom of this town and port the mayor alone make a  acquittance upon receive it this do not bind thecorporation in strictness of  law but because precedent be show which allow it it be allow by all the judge  of England Jenkins the mayor and commonalty be one indivisible body the mayor  as mayor can do nothing regular for he be the bead of the corporation  aggregate and be only a part of it but usage and precedent be not to be  neglect in thing indifferent or which be not mala in see restored state  troubled nil rashly novand
case IZRAELL versus NARBOURNE novembris at the roll master of the roll Eq can  ab pl S c bill to be relieve against a bail bind assign by the sheriff by  fraud plaintiff in the action at law must be make a party the bill be to be  relieve against a bail bind set forth that the defendant the sheriff by a  fraudulent practice have be prevail upon to return a to take in hand corpus a  year after the defendant in the action at law be dead and though he be not  amerce for not have the body at the day yet have by a combination with the  plaintiff at law assign this bind and now a suit be commence at law in the  defendant name all which be full make out by proof yet forasmuch as the  plaintiff in the action at law to who and for who benefit the bind be assign  be not make a party the master of the roll refuse to relieve the plaintiff in  this case and the rather for that he have make the plaintiff at law a party to  his bill have never serve he to answer though if he have not be name a party  the defendant the sheriff may have demurrer but order the plaintiff at law to  be bring to hear and continue the injunction in the mean time Vernon chancery  case er p
case jackman against Hoddesdon see Fraser v mason Q b d a lease for year make  by a copyholder unwarranted by the custom or a refusal to pay the lord a  reasonable fine be forfeiture of the estate post roll Abr   light b pale  yellow ten dougl trespass upon not guilty plead the jury be at the bar the  question be upon the forfeiture of a copyhold in Layton buzzard by reason of a  lease for year make by a copyholder and it be hold per curian that a lease for  year of copyhold land by indenture or parole be a forfeiture unless there be  and express custom to warrant it and thereupon it be show on the part of the  copyholder that there be lease make by indenture Henry and div`er time since  some twenty and some forty year since of copyhold land of that manor but the  court hold that be not sufficient for they be of too late time to prove a  prescription which ought to be from time whereof c and the court hold that a  wilful refusal to pay a fine be a forfeiture if the fine demand by the lord he  reasonable where the fine be arbitrable at his will and the jury be to try  whether it he reasonable or not and the custom of the manor be here show to he  that the lord be to seize the land till fine be make with he for it which be  hold a reasonable custom and upon evidence it be hold that if a tenant be  amerce and die before the lord have levy it that it be lose for it be quasi  action personalia a Qure if copyhold be within this statute Cowp croak  Elizabeth er p
case Jackson against bell Michaelmas term James roll if a plaintiff avow a  take damage pheasant under a claim of common between one period and another he  must show that the cattle be put in during the interval Plowd b Lutw replevin  the defendant avow for damage pheasant in his freehold the plaintiff show that  the place where be parcel of a great field call wastefield in Thriskby and  prescribe to have common for a message and two acre in the say field wherever  et after grain et herb ibidem an increase he reap and carry away until what  time the say field or any part thereof be resown and that ante time quo be  after the corn in the say field be reap and carry away from the say place c he  put in his cattle levant et couchant upon his tenement c to use c his common  there c the defendant thereupon demurrer first because he say ante time c and  do not say in which year the field be sow and the corn carry away second it be  not show that the say field or any part thereof be not resown and then it be  not within his prescription vide Edward Damport for the plaintiff move that  the plea be well enough for it shall not be intend to be resown unless the  other show it c a see Geo c S croak James er p but all the court hold that the  plea be not good for he be confine within what time he be to have his common  ought to show that he be within the time otherwise it do not enable he to use  the common wherefore it be adjudge for the defendant
case Jackson against bridge covenant by executor against a person on a  covenant to serve testator or his assign aver that be use the same trade  defendant do covenant to serve the plaintiff testator and his assign for eight  year the question be whether the plaintiff as executor be a assignee in law  for by the agreement it be not fix to the person of the testator for if it be  the executor shall have it and it will be asset in his hand vide Plowd b a and  it be say that if the executor do set up such a trade as the servant be to be  employ in by the covenant it ought not to determine by death of the covenantee  by it be hard to transfer the servant to another service and so it be say it  will be in case of a apprentice a and here it be aver that the plaintiff use  the same trade in which the defendant have covenant to serve he have judgement
case Jackson against hall thou art a pocky rascal hold not actionable case for  word thou art a pocky rascal with a innuendo the French pox and a averment  that in common intendment the word be so understand hold not actionable  otherwise if the averment have be of such intendment in a particular place as  Welsh word and healer of felon in the west country judgement stay
case Jackson against mile Hoc boundary lose roll clarke attorney a declaration  upon a executory promise not state the place where it be perform be have on  demurrer SC salk case upon a assumpsit in consideration the plaintiff will do  c the defendant promise he will pay the plaintiff aver that he do do and show  no place where demurrer and the declaration be hold ill because a  consideration executory be traversable and consequent the place needful c  judgement for the defendant
case Jackson against neal Trinity term Elizabeth roll if the lord of a manor  grant t he inheritance of all the copyhold the grantee shall hold customary  court c ante   b Leon Com dig pale yellow ten t Rep a copyholder must pursue  his licence to lease ante post Owen more cro James Com dig pale yellow ten  dougl t Rep term Rep ejection firm e it be find by special verdict that the  Lord Hunsdon be seize of the manor of parisgarden in the county of Surrey  wherein be diverse cop hold and make a lease of two of the copyhold and of the  court baron for two thousand year save to himself the other demesne and  service the lessee keep court there and a copyholder surrender to the use of a  in fee a obtain licence in court to let it for oh e and twenty year from  Michaelmas last pass he make a lease afterward for one and twenty year to  begin at Christmas follow to the plaintiff who enter and be oust by the  defendant bring a ejectionefirmce and whether this be a good grant by copy and  this lease by the copyholder Allowable or not be the question and all the  court hold that it be a good copy for Anderson say this case have be often in  question for it be the case of Lord Hatton for his tenant of Wellingborough  and of diverse other since that time and it have be oftentimes hold that the  court may well continue as to that purpose for admittance of copyholder for  otherwise every one of his own act may destroy his copyholder estate and  second they conceive that the lease be not warrant by this licence and then no  ejectionefirmce lie upon this lease afterward in Trin Elizabeth judgement for  the defendant upon this point of the lease be give croak Elizabeth er p croak  Elizabeth trinity term Elizabeth in the queen bench sir John Popham Knt chief  justice sir Francis gawdy Knt John Clench Esq Edward Fenner Esq justice sir  Edward coke Knt attorneygeneral sir Thomas Fleming Knt solicitor general
case Jackson against pigot a promise by the drawee of a bill of exchange make  after it be due to pay it accord to its tenor be good S c salk S c Carth S c  ld ray assumpsit on a bill of exchange against the acceptor wherein the  plaintiff declare that one dunkin of Bristol on the twentyfifth of march draw  a bill of exchange modern report on the defendant Payable to the plaintiff  within a month that on the sixteenth of may the defendant accept the bill and  promise to pay secundum course et execution bill on non assumpsit plead and  verdict for the plaintiff it be move in arrest of judgement that the assumpsit  be impossible because make a year after the time of payment of the bill to pay  the money accord to the bill but judgement be give for the plaintiff for it  appear on the declaration that the acceptance of the bill be after the day of  payment the secundum course et execution must be understand to pay the bill  present but if it have appear on the declaration that the acceptance be before  the day of payment by the bill there upon the evidence a acceptance after will  not have maintain the action a a side b sand c cro d Mod e Danv Abr a see  Mitford v Walcott send for post modern report er p
case Jackson against rogers a action on the case lie against a common carrier  for refuse to carry good if he have conveniency so to do action on the case  for that whereas the defendant be a common carrier from London to lymmington  et from that source back and set it forth as the custom of England that he be  bind to carry good and that the plaintiff bring he such a pack he refuse to  carry they though offer his hire and hold by jefferies chief justice that the  action be maintainable as well as it be against a innkeeper for shower KB  refuse guest or a smith on the road who refuse to shoe my horse be tender  satisfaction for the same note that it be allege and prove that he have  convenience to carry the same and the plaintiff have a verdict
case Jackson against SALWAY disturb a watercourse to run to withhold be  sufficient SC skin ante and the case there cite action for disturb a  watercourse with a to run to withhold only and say not to use quaere if not  good a
case Jackson against warren if a distringa omit or mistake the day or place on  or at which the assize be hold it may be amend by the roll roll Rep cro James  salk stram Com dig Mod Mod ld ray ld ray Bac Abr Bac Abr Cowp term Rep see  Edward c Henry c Henry c Elizabeth c Ann c a motion be make in arrest of  judgement for that the day when the assize be to be hold and the place where  be leave out of the distringa and so a mistrial but the court be of another  opinion for if there have be no distringa the trial have be good because the  to swear falsely be the warrant to try the cause which be right and therefore  the distringa be order to be amend by the roll
case Jackson versus FARRANT post Eq Abr pl S c vin Abr c c vin Abr c S c vern  S c vern l l p vern p p p l l l wms l p l wms p l wms p p case tempt Talb p  comens l ves l p atk l p atk l p brown parliament case l brown Rep l p l l e  contra post vern p vern p l p wms p wms p p wms p case tempt Talb p ves p p  atk p l p l p atk l l brown Rep p p those case mark with p be case of portion  or legacy from a parent to a child those with of legacy from a stranger to a  child those mark with a asterisk where the portion or legacy be charge upon  land or a mix fund a portion devise to a daughter out of a real and personal  estate to be pay at without say or marriage the daughter marry and die before  yet by reason of the marriage it be then due marriage be the cause of portion  a portion be devise to a daughter to be raise out of a real and personal  estate and to be pay at the daughter marry and die before leave a child it be  insist upon that the portion be not to be raise nor be ever due because she  die before the time of payment and the marriage in this case be no more to the  payment than any other thing will have be and though it may have be more  reasonable to have have the testator to have limit it to be pay at or marriage  yet he have not so do and the court must judge accord to what be do and not  accord to what have be more reasonable to have be do cur let a account be take  of the estate and then the court will give its opinion but my Lord chancellor  incline strong that the portion be Payable and say the reason of all the case  go that way for they go upon this that there be no marriage that do not happen  which be the cause of the portion this decree be reverse in part in the house  of lord as to the sale of the entail estate but without prejudice to the  general question brown parliament case bro p c and ed see the above case more  ample and accurate state ibidem precedent in chancery de boundary paschae in  curian porter
case jacob ABOABS case the name of Jacob instead of Jaacob a immaterial  misnomer S C keb roll Abr   light cro Elizabeth cro James sand debt upon a  bind be bring against he by the name of Jacob and he plead that he be call and  know by the name of Jaacob and not Jacob but it be overrule
case jacob against dallo a suggestion to prohibit the spiritual court from  proceed on a right to a pew must show whether the church be presentative or  donative a church whether donative or stipendiary may have the cure of soul SC  Mod SC salk S C Mod S C ld ray SC Mod prohibition be move for to the spiritual  court to stay a suit there about the right of dispose of pew in a church the  suggestion be that such a corporation be impropriators of it and time c use to  repair all the pew and ration ind have the disposal of they but because it do  not appear to the court whether it be presentative or donative or with cure of  soul or not they will do nothing in it but they say that a donative may be  with cure of soul as the chapel in the tower of London and that there be also  another kind of church which be neither presentative nor donative but  stipendiary and yet have cure of soul as if there be a impropriation and it  have no vicarage but only a certain stipend be give yearly to he that serve  the cure and that be mere dative and at the pleasure of the impropriator  modern er p modern note likewise it be say that ancient there be no pew in  church but only form and that it have be a good prescription to say that time  out of mind the corporation do repair such a aisle of the church ration pron   interrog  the mayor and alderman sit there for though the right be in the  whole body the enjoyment may be in and enure to a select number
case jacob against DALLOW in case for disturbance of a seat in a church it be  sufficient to lie possession S c salk S c Mod S c Mod S c ld ray suit be in  the spiritual court concern the right of a seat in a church and suggest for a  prohibition that a right to a seat in a church be a temporal matter  determinable at commonlaw but per curium if you will prescribe to a right  against the ordinary you must show a usage to repair the seat but in a action  on the case for disturbance you need only lie possession against any other  disturber and of common right the disposal of seat in a parochial church  belong to the ordinary may v Gilbert a Boothby v Baily b be hold otherwise in  this court in Buxton v baker c upon diversity between a action upon the case  and a prohibition a keb b hob c Buxton v Bateman side lev ray keb modern  report er p
case jacob against DALLOW the ordinary have of common right the disposal of  seat in a church SC salk SC Mod SC ld ray SC Mod a libel be institute in the  spiritual court for disturb in a seat in a church the defendant below come for  a prohibition and suggest a prescriptive right in himself and a prohibition be  grant and declare on and for a consultation the defendant set up a  prescriptive title to himself and traverse that of the plaintiff and upon  demurrer a consultation be award for per curian the ordinary have of common  right the disposal of seat if there be no temporal right set up against it as  the now plaintiff have do here videlicet his prescription and that be now  traverse the plaintiff in his declaration show a prescriptive right to the  seat the defendant plead a usage to sit in the seat and traverse the  prescription and to this plea the plaintiff demurrer and it be contend that  although the plaintiff by his demurrer have admit the traverse of the  prescription yet that the defendant can not have a consultation because he  have plead a usage which be not triable by the spiritual court but holt chief  justice be of opinion that as the plead admit the possession of the defendant  the spiritual court have conusance of the disturbance of such possession and  no temporal right be infringe may settle and quiet it accord to the usage and  a consultation be accord grant by the whole court SC ld key and see Gooche v  bishop of London that there shall be no prohibition until it appear that the  prescriptive right be in question stram a
case jacob against mill in a action for slander impute murder it must be  precise allege that the person be dead at the time the word be speak ante post  SC hob roll ab   cro Elizabeth cro car Com dig on damage several assess but  entire judgement give for cost yet it may be reverse as to the damage error of  a judgement in the king bench in a action for word speak at two several time  the defendant plead not guilty it be find against he and judgement be give for  the plaintiff and several damage be find by the jury one entire judgement be  give for damage and cost and now the error assign that for these word first  mention videlicet he have poison I S a certain I S adtunc death innuendo and  he not aver that he be dead at the time of speak the word for adtunc refer to  the time of the declaration the action be not maintainable and so be the  opinion of all the justice and baron that the action lie not and that the  judgement be erroneous but the doubt be whether it be reversable for the  entire or only quoad the judgement for those word the damage be several assess  by the jury but entire cost and entire judgement give and they all conceive  that the judgement shall be reverse only quoad the damage for the word for  which the action lie not and shall be affirm quoad the cost and the residue  for all the cost be due as well where part of the word be find as where the  residue be find whereupon the judgement be affirm quoad part and reverse quoad  the residue
case James heart be case Cr rescous fine error indictment a be indict for a  rescous of one arrest in London upon a plaint enter for debt by a sergeant at  mace he be convict and fine and imprison without bail or mainprize and to be  bind to his good behaviour error be bring upon this judgement be affirm there  be no occasion for way arms in the indictment by the statute of h and it shall  be presume that the sergeant have a warrant by the entry of the plaint
case james Piers against William gore in a action for word if the declaration  state prediction W dixit de I he innuendo W it shall be amend post stram cro  car Cowp dougl term Rep action for word for call he thief the record of nisi  prius be quod prediction William dixit de a saying beforehand jacobo haec  scandalosa word following he a saying beforehand William innuendo where it  shall be jacobum be a thief the jury find the defendant guilty de within  specificatis this fault be now spy and not before it be move in arrest of  judgement that no judgement can be give upon this verdict and of that opinion  be Tanfield because the verdict be croak throw give accord to that record and  if there shall be any amendment it will alter the verdict which ought not to  be in any case and although the roll in court and the bill upon the file be  show to be good yet it can not be now amend after verdict but Popham Yelverton  and William absent Fenner hold that it be very well amendable for when it be  say at the first quod dixit de eod jacobo haec England word he a saying  beforehand William innuendo this innuendo William be void and it be a apparent  misprision c wherefore it be well amendable rule be give accord and the  plaintiff have judgement
case james vers matthews in c b a plea in abatement shall not be avoid by  another original in a action of trespass the defendant demand oyer of the  original and on the original there appear a fault in the addition of the  defendant which the defendant plead in abatement the plaintiff reply and show  another original and conclude with the traverse without hoc that the action be  find on the other original upon which the defendant demurrer first for that  the traverse be of a matter not allege by the defendant plea for the original  show upon the oyer be no part of the defendant plea but the court give the  oyer second for that the plaintiff ought to have conclude et hoe parat be  verify per record for as the plaintiff allege a original which warrant his  action the comens defendant have nothing to say but that there be no such  original which be matter upon record ought to be try by the record three that  the replication conclude with a demand of damage and for these reason  judgement be give for the defendant comens er p
case james versus greaves Lord commissioner Jekyll diversity betwixt a deed  and a will gain from a weak man and upon a misrepresentation equity will set  aside the first but not the latter in this cause it be say by Lord  commissioner Jekyll that there be a difference betwixt a deed and a will gain  from a weak man and upon misrepresentation or fraud for if a will be gain from  a weak man and by false representation this be not a sufficient reason to set  it aside in equity vide vol gosse v Tracy contra as be determine in the case  of the late duke of newcastle will betwixt Lord thanet and Lord Clare and in  the case of bodvil and Robert but where a deed which be not revocable as a  will be gain from a weak man upon a misrepresentation and without any valuable  consideration the same ought to be set aside in equity vide Bennett v vade atk
case james versus oades master of the roll eoden die a borrow pound of b and  give b a mortgage defeasanced to be void on b s pay a pound per and for year  by quarterly payment court relieve on payment of the pound and simple interest  the plaintiff be possess of a reversionary term for thirtysix year to commence  with the year of the value of about two hundred pound per and when the estate  shall fall into possession in the year apply to the defendant oades a  scrivener to lend he the sum of two hundred pound they come to a agreement for  that purpose vie that the plaintiff shall assign his term to the defendant  defeasanced to be void on the payment of forty pound per and for eight year by  quarterly payment Vernon chancery case plaintiff bill be to relieve pay  principal interest and cost the defendant insist to have the benefit of his  bargain and interest from the time of each quarterly payment and the rather  because he lend his money in on such a remote reversion per cur what be usual  call a Bristol bargain be twenty pound per and for seven year for one hundred  pound but this go beyond it and be extend to eight year videlicet one hundred  and sixty pound for every hundred by twenty pound per and and shall it be  allow of it may be carry to nine year and so on without any stint or bind and  declare it to be a agreement against conscience and decree a redemption on  payment of the two hundred pound with simple interest at six pound per cent  vide berny v Pitt ante p and case cite in note p
case January the last seat before Hilary term a plea must first be remove out  of the way before a plaintiff can have a injunction to stay proceed at law  where a defendant have put in a plea to the plaintiff bill the plaintiff can  move for a injunction to stay the defendant from proceed at law till the plea  by some mean or other be remove out of the way all that the plaintiff can do  be to move that the plea may be accelerate which the court do accord by order  it to be set down to be argue the next day of plead and demurrer
case JAXON against tanner entire damage may be give for different set of  actionable word speak to different person at different time vide post godb  more cro Elizabeth see Bac Abr in notorious facts action for word for that he  say of the plaintiff be a merchant thou art a rogue and a beggarly fellow and  I shall prove you a bankrupt before the next term and for that he say  afterward upon the same day to one John Harris of the plaintiff trust he not  for be will be your undo the defendant plead not guilty and it be find for the  plaintiff and entire damage give by the jury croak car Whereapon it be move in  arrest of judgement by Holborn that these word be allege to be at several time  and for the word speak the first time the action may lie but for the word  speak afterward the action lie not and damage be entire there can be no  judgement for the court shall intend that damage be give as well for the  second as for the first speak when both issue be find for the plaintiff but  for word speak at one time if damage be find the court shall intend they be  give for the word only which be actionable and not for the other but the court  conceive in this case that the word speak at the second time be as well  actionable as the word of the first and aggravate the first word for when he  first call he a bankrupt and I will prove he a bankrupt c it lie for these  word but not for the word rogue or beggarly fellow and when afterward he say  to another trust he not for he will undo you they tend to the same sense  whereupon judgement be give for the plaintiff unless other matter be show to  the court and be another day move again Richardson chief justice conceive  there be not any difference betwixt these word I will prove you a bankrupt and  I shall prove you a bankrupt by such a time and he hold that the action well  lie for any of the say word
case jefferies v Harrison executor of sir thomas travel after Hilary term the  rule in relation to cost to be pay by a executor defendant be the same in the  court of chancery as at law Lord chancellor say in this cause that when a  executor be defendant at law and fail in his defence the rule be that he must  pay cost de good testator si non de good not common with others and as in this  case the executor have misbehave himself by pay simple contract debt  preferable to a bind creditor with notice the court of chancery have no  occasion to vary it from the common course
case jeffre against wood construction of a covenant for transfer SouthSea  stock fazakerly this be a action of covenant for transfer of SouthSea stock  the covenant set forth in the declaration be that notice shall she either give  or leave for the defendant and in the declaration it be say that it be leave  at his house but do not say for he be may leave it in such a manner at his  house that the defendant may never know of it the demand be on the twentyfifth  of march to be transfer the twentyeighth whether by the agreement which be to  be in three day after the demand the defendant have not any of the day the  plaintiff say in the declaration that he attend the twentyeighth if the  twentyfifth be one of the day the three from thence be the twentyseventh and  then the plaintiff attend the day after it shall have be transfer particular  word shall restrain general in covenant lev Branthwaite contra the note in  write leave at his house require he to transfer must be intend to be leave for  he especial when they plead a satisfaction and performance if there be a  election to transfer any of the three day the notice will not take away the  election and he not have transfer the two first have lose his election and  must do it on the last modern report Pratt chief justice we must take the  covenant for the time of transfer favourable for the defendant he have any of  the three day but the demand be proper and will not bind the defendant to the  twentyeighth if the defendant have transfer any of the three day you shall  have set it forth the notice be well enough per curian judgement for the  plaintiff
case jeffries against PAYHEM Trinity term car roll in slander word shall be  construe accord to their common acceptation ante post   roll ab cro James  sayer ld raym action for these word of the plaintiff be a attorney he be a  base cheat cozen knave and have cheat I as never any man be cheat the question  be whether a action will lie for these word for if he have not show that he be  a attorney a action will not have lie and as it be lie bare without any  circumstance it do not appear that it touch he in his profession the court  therefore will advice
case jemi against nourice Trinity term car roll a plank psit on a quantum to  deserve for one pair of glove and a parcel of thread hold sufficient certain  S C keb S C lev S C vent ante lev l style sand comens Mod Mod a writ of error  be bring of a judgement give in the common plea in a action upon a quantum to  deserve for ware sell first one of they be ufnum par chirothecar but it be not  say of what Sort Twisden justice it be good enough however so it have be hold  de plant without say bellow at c de scales without say what book they be  second another be parcella fili which it be say be uncertain unless it have be  make certain by a anglic for though it be agree it have be good ill a  indebilatus assumpsit yet in this case there must be a certainty of the deb  such a general word can be good no more than in a trover Twisden justice if a  indebitatus assumpsit shall be bring for twenty pound for ware sell and no  evidence shall be give of a agreement for the certain price I shall direct it  to be find special a Russell v Collins ante a but parcella fili seem to be as  uncertain as pair of hang b tailor v will ante b the court it be doubtful but  however let the judgement be affirm nisi c modern er p
case JENKES against lion a attorney can plead privilege after imparlance debt  on a bind the defendant plead privilege of the common plea as a attorney there  the plaintiff demurrer because it be after imparlance and hold by the court  that such plea come too late after imparlance judgement for the plaintiff
case jenkins against PLOME cost by executor S c salk S c Mod S c salk S c holt  when a executor bring a action as executor where be need not name himself  executor and it go against he he must pay cost as it be adjudge in the case of  Elways v Mocatto a in the case of Elways v Mocatto the plaintiff bring  assumpsit for money of his testator have and receive after his death by the  defendant to the use of the plaintiff as executor and be nonsuit and it be  hold that the plaintiff shall not pay cost because he can not sue otherwise  than a executor and that it be immaterial whether the money be receive by the  defendant since the death of the testator or before salk Mod ld ray but see S  c cite salk Mod and if this statement of the case be true the doctrine it  contain have be since contradict Wallis v Lewis ld ray modeli v York ante  Jenkins v plumb Mod salk march v journey andr and the rule mention in the  principal case establish Fernley v steel Hutton Nicholas v killigrew ld ray  Portman v meat stram Petrie v hannay term Rep cockerel v Knyaston term Rep a  modern report er p modern report trinity term the seven of queen whether in  the queen bench sir John holt Knt chief justice sir John Powell Knt sir  Littleton powys Knt sir Henry gold Knt justice sir Edward Northey Knt  attorneygeneral sir Simon Harcourt Knt solicitor general
case jenkins against smith word which touch a attorney in his profession be  actionable roll ab hob cro car if word be allege at S and the venire be award  from the parish of S it be a mistrial ante action upon the case by a attorney  for these word thou art a false knave a cozen knave and have get all that thou  have by cozenage and thou have cozen all those that have deal with you after  verdict for the plaintiff exception be take that these word be not actionable  but the court hold the action well lie for they be very slanderous of a  attorney and touch he in his profession but it be then move in stay of  judgement that there be a mistrial for the word be allege to be speak at S  Culham in the county of Cornwall and the venire facias be from the parish of S  Culham which be large by intendment all the court be of that opinion wherefore  a venire facias de to make new be award
case jenkins versus Powell die moon novembris in court Lord commissioner Eq  can ab pl S a g a by will give his daughter pound and afterward give with his  daughter in marriage above pound the testator pay his daughter her portion in  his lifetime be a satisfaction of the legacy the testator devise to his  daughter two hundred pound item I also give her my household good if she shall  not be marry in my lifetime and afterward in his lifetime he give with his  daughter in marriage above two hundred pound and die have not revoke nor alter  his will per cur the legacy be extinguish by the portion after give and elken  head case be cite where payment in the testator lifetime be adjudge a  satisfaction of the like sum devise the case be that one Alexander Hosea not  the father of the plaintiff but be relate to and the executor of the mother of  the plaintiff wife take the plaintiff wife at the death of her say mother and  maintain her but be indebt to her in a sum of money as such executor of her  say mother and be so indebt he make his will and leave her thereby a legacy of  pound afterward he pay the plaintiff wife the sum of pound and on her marriage  with the plaintiff give her a further sum of pound and die and it be in proof  that the say Alexander hose a have take from the plaintiff wife a receipt for  the pound and that he have also make a entry in his book of account whereby he  have express that he pay the pound in full of the legacy give by his will and  of all debt and demand of the plaintiff Reg lib a fol on the head of ademption  and satisfaction of legacy vide husband v husband ante vol p Vernon chancery  case er p
case Jenkinson against main word more ante post action for these word the  plaintiff deserve to have his ear nail to the pillory adjudge that the action  lie
case jennet ux versus bishop all Julii in court Lord keeper No appeal lie to  this court from a decree in a county palatine see the next case the bill be a  bill of appeal and review the cause have be hear and decree in the county  palatine of Chester to this bill the defendant demurrer and after long debate  the Lord keeper allow the demurrer and declare his opinion to be that such a  bill will not lie but if any appeal lie it must be to the king himself a  appeal lie to the duchy court from the court of equity at Lancaster by act of  parliament such dict Addison v Hindmarsh post Ormerod v hardman Ves
case Jenney against herl a bill Payable out of a particular fund be not a bill  of exchange S c stram S c Mod S c ld ray Writ of error on a judgement for the  plaintiff in the common plea in a action on a bill of exchange against the  drawee it be to pay such a sum to the plaintiff out of the money which he have  in his hand that belong to the proprietor of the Devonshire i for a estate  they have purchase of he Wearg solicitor general every bill of exchange shall  be absolute Payable not upon a contingency otherwise it be not negotiable if  he have none of their money in his hand this note be not Payable this be rule  in the case of Joslin v to make faint easter term in the first year of George  the first beside they have not set out any valuable consideration as for value  receive Pratt chief justice the reason that a man shall be bind without the  solemnity of a deed be the consideration and that to be take without proof be  for the conveniency of trade he appoint a person who be never debtor and if he  have money he may pay it but if he have not the drawer be not liable it be the  same case as lassers fortescue justice a bill of exchange can be make Payable  out of a particular fund as be lassers case in all modern report foreign bill  of exchange it be express for value receive it have be hold not necessary to  be express but it must be imply Raymond justice of the same opinion modern  report er p powys justice absentee judgement reverse a see Dawker v Deloraine  will black Rep Banbury v Lissett ld ray Haydock v Lynch ld ray kid on bill a
case Jennings against brag a disseigee out of possession make a lease for year  and deliver it as a escrow to a stranger who deliver it upon the land as the  deed of the lessor queen if this be a good lease post   light   hendl Ro Abr  Com dig Bac ab wood con sheep touch Ejectionefirmtv upon a special verdict the  case be that a dissaisee make a lease for year and deliver it as a escrow to a  stranger command he to enter into the land and then to deliver it as his deed  what do it accord and whether this be a good lease or not be the question and  it be move that it be not for when it be deliver as a escrow and afterward be  deliver upon the land as the deed of the disseizee that have relation to the  time of the deliver it as a escrow to he his deed at which time he have but a  right to the land and his lease be not good as if a infant or feme covert  shall deliver a deed as a escrow and it be deliver after full age or when she  be sole yet it be void for it have relation to the first delivery so turning  where a feme sole deliver a deed as a escrow c and this case be agree by the  court because it be deliver by authority before when she be sole so it be of a  deed of feoff and letter of attorney therein to make livery by a man of sane  memory which be deliver by the attorney when he be non come pos chin yet it be  good because it have relation to the authority before but Anderson say it be a  good lease in this case for it be not his deed until the second delivery at  which tii ne he have good right and power to let it wherefore c say  adjournatur
case Jennings against gower devise of a lease to a and if b suffer he to enjoy  it for year she sb Ifhe executrix but if she disturb he then c shall he his  executor this be not a condition precedent and b be immediate executrix post  SC I Leon winch Ro ab lev   a ld ray dougl t Rep debt as executrix the case be  the testator of the plaintiff devise a term to I Watts and that if Agnes his  wife suffer the devisee to enjoy it three year that she shall have all his  good as executrix but if she do disturb he then he make g I his son his  executor and die Agnes as executrix bring the action within three year  Anderson at first conceive that the action can not be bring within the three  year for this be a condition precedent so that until the performance of it she  shall not he executrix but the other justice hold she be executrix present for  although in grant estate shall not he till the condition precedent he perform  yet it be otherwise in a will for a will shall he guide by the intent of the  party and this shall not he construe as a condition precedent but as a  condition to abridge her power to he executrix if she perform it not for so by  periam the intent appear here by the word subsequent videlicet if she disturb  that then g I to he executor which do prove that in the mean time he intend  she shall he executrix afterward in easter term Elizabeth it be adjudge for  the plaintiff that she be executrix until she disturhed and that the plea of  the defendant videlicet that she have make disturbance be not good without  allege in particular how she disturhed a post croak Elizabeth er p
case Jennings against hawkey Trinity term James roll the plea roll may be  amend by the file at any time SC vent SC lev SC keb SC comb SC Carth debt on a  bind bring against the defendant as executor it be move in arrest of judgement  that it be in the debet and to hold off and therefore nought but because the  declaration on the file be right be shower KB in the to hold off only and the  declaration deliver be right and the transcript send down to be try be right  although the roll make up bear be nought yet it be hold that it shall be amend  it be agree for a rule that the plearoll shall be amend by the file at any  time then another exception be move that this be try at Chester by mittimus  which be a county palatine ought not to be as this declaration be lie and as  to this exception it be adjourn until the next term a see   hut Inst
case jennings against PLAYSTOWE if sheep be take wrongful by distress the  owner in rescue they can justify rescue also the sheep of another which may be  damage pheasant under a suggestion that they mix with his flock and he can not  sever they roll ab   dig rescous whereas he have distrain forty sheep of the  defendant and eighty of Robert Stathams and will have impound they for damage  pheasant that the defendant rescue they all and take and chase they c the  defendant justify the put in of his forty sheep into the place where as common  and that the plaintiff de in an unjust manner svan not common with others  without rational causan take and chase they and that he the defendant will  have take they from he and they run among the other eighty sheep of Robert  Stathams and flock with they and because he can not sever they he take and  chase they c who be eaden rescous transgress it be thereupon demurrer and  without argument adjudge for the plaintiff for although there be some colour  to rescue his own sheep yet he ought not to rescue the sheep of a stranger who  appear not to have any right of common and although he say they flock together  and be can not sever they yet he ought to have say that he chase they to such  a place to have sever they and not that he chase they all away wherefore it be  adjudge for the plaintiff
case Jennings all versus ware all see James v Kerr Ch d field v Hopkins Ch d  explain and distinguish Biggs v Hoddinott f Ch discuss Carrett v Bradley king  b Dec master of the roll a lend money to b on a mortgage and take a covenant  from b by another deed that if a shall think fit b shall convey to a so much  of the mortgage estate as shall be of the value of the money lend at twenty  year purchase covenant decree to be set aside as unconscionable a man shall  not have interest for his money on a mortgage and a collateral advantage  beside for the loan of it or clog the redemption with any byagreement the  defendant ware lend money to neal the groom porter to carry on his building in  cook and pie field and take a mortgage from he to secure sixteen thousand  pound with interest at per cent and in Vernon chancery case another deed  execute at the same time take a covenant from neal that he shall convey to the  defendant if he think fit ground rend to the value of sixteen thousand pound  at the rate of twenty year purchase the bill be to redeem the defendant insist  on that agreement but the master of the roll decree a redemption on payment of  principal interest and cost without regard to that agreement but set aside the  same as unconscionable a man shall not have interest for his money and a  collateral advantage beside for the loan of it or clog the redemption with any  byagreement vide Willett v Winnell ante Vol et vide Powell law mort
case Jennings case alderman may surrender by parole S c Mod in sir Jonathan  Jennings case it be hold per curium that a alderman may surrender his office  by parole for since he may acquire that office without deed videlicet by  election ex naturan rei he may surrender it without deed for whatever may be a  Shaftsbury v Craddock Jones vent skin show duke of Norfolk Alderton salk ante  king v lee post lady Falconbridge v forest stram bar king b Lord griffin v  Buckle barn pale yellow c p duke of Richmond v Costello Mod modern report er p  acquire without deed may be surrender without it Inst a and it be incident to  all corporation to be able to receive such surrender and this judgement be  upon return of a mandamus honeyed wine move for a new writ in order to bring  surrender or not in question the first writ be quash as ill direct and obtain  it with difficulty to try the right
case Jennison against else original of a different term than the placita no  original S c ante want of a original be assign for error and the original  certify be of another term than the placita and no continuance the court will  not allow it for a original cro car Yelv that it must be a original of the  same term with the plead or at least pen the plead
case Jennison against else original variant S c post upon a writ of error the  want of original be assign and one be certify vary from the declaration holt  chief justice say let the variance be ever so great yet since it be so certify  it shall be take for the original in this action
case Jeremy against GOOCHMAN a consideration allege in the preter tense hold  have post roll ab dyer more lev strange assumpsit and declare that in  consideration quod deliherasset et to hand over to the defendant twenty sheep  he assume to pay unto he five pound at the time of his marriage and allege in  facto that he be marry c the issue be non assumpsit and find for the plaintiff  and now move in arrest of judgement because it be for a consideration pass for  it be in the preter tense deliherasset and therefore no cause of action and of  that opinion be the whole court wherefore judgement be stay
case jermyns case a prohibition lie to the spiritual court if they proceed to  swear a parishclerk name by the parson when he ought to be name by the vestry  ante roll ab cro car   palmer march keb lev lev vent salk strange dougl Jermyn  rector of the parish of saint Katherine in colemanstreet and Hammond as clerk  there sue in the spiritual court to have the say clerk establish there be  place there by the parson accord to the late canon that the parson of the  church shall have the place of the clerk where the parishioner disturb he upon  pretence of custom to place a clerk there by the election of their vestry a  Trinity term James roll roll Abr b Musgrave v wharton ante croak James er p  and upon this surmise of a custom the churchwarden and parishioner pray a  prohibition and after diverse motion a prohibition be grant for they hold that  it be a good custom and that the canon can take it away croak throw michaelmas  term James in the king bench sir James lea Knt chief justice sir John  Doderidge Knt sir Robert Houghton Knt sir Thomas chamberlain Knt justice sir  Thomas Coventry Knt attorney general sir Robert heath Knt solicitor general
case JERNENGHAM and Cornwallis Trinity term Elizabeth in the court of ware a  devise of three manor in capite two in fee and a three in tail be good for  those in fee see car c Powel on Dev the case be a man be seize of three manor  of two in fee and of the three in tail all be hold in capite and he devise all  of they to a stran her the question be for how much this devise be good?This  be refer to the two chief justice and they conceive it be good for the whole  two manor which he hold in fee and void for the three for he be tenant in tail  of the three manor and that descend to his issue be a sufficient performance  of the statute of Henry and the intent of it be satisfy croak Elizabeth er p  croak Elizabeth michaelmas term pound Elizabeth in the queen hench sir John  Popham Knt chief justice sir Thomas gawdy Knt Edward Fenner Esq John Clench  Esq justice sir Thomas Egerton Knt attorneygeneral sir Edward coke Knt  solicitor general
case Jerningham versus glass January S c Amb where a wife be executrix of a  former husband the court will grant a ne exeat royal power against her alone  if her second husband shall be go out of the kingdom a motion be make for ne  exeat royal power against the wife of class who be executrix of her former  husband class be already go out of the kingdom and it be doubt by Lord  chancellor whether it can be grant as she be a feme covert and can give no  security and it be adjourn to this day to search for precedent Lord chancellor  one precedent have be produce to I of more versus Meynell may there a bill be  bring against baron and feme who be executrix of her former husband the  husband and wife both reside at ancient the wife return into England alone and  a order have be obtain from Lord Cowper for a ne exeat royal power against the  wife she this day move atkins Lord Macclesfield to discharge the order as she  be a feme covert but he reject the motion and afterward she put in her answer  and then move the court again to discharge the order but the court a second  time reject the motion unless she will give security to abide the event of the  account upon this precedent his lordship grant the motion in the present case  Reg lib a fol atkins er p
case Jerome case a attorney strike off the roll and imprison for sue a capias  in debt without a original Henry pl Inst Litt Rep Inst more brown Sti p Reg  Bac Abr term Rep Cowp Com dig dougl if a attorney falsify or forge a writ he  shall be strike off the roll and fine cro James Mod burr burr Com dig hawk  memorandum this term because one Jerome a attorney have prosecute three  several action of debt every one of they be above the sum of forty pound and  so finable to the king and procure judgement to be enter upon they no original  writ be sue forth he himself have receive the charge for sue the original as  well for the fine to the king as for the say writ as he himself confess upon  his examination and because it be do voluntary in deceit of the king for his  fine and against his oath as attorney that he shall not practice any deceit it  be order that he shall be put out of the roll of atorneys and be cast over the  bar and commit to the fleet but no fine be impose upon he quiapawper and in  the yearbook Henry fol there be the like judgement and it be forthwith put in  execution accord a precedent be show which be enter in the roll Elizabeth that  one Osbaston a attorney for falsify and forge a writ of capias be order to be  put out of the roll and cast over the bar and fine five pound and swear never  to practice after as attorney and to be bring to the king bench bar and  exchequer that knowledge may be take of he that he be not to practice any long  as attorney in those court see saint west Edward c and James c Geo c
case JERRAT against CALDEWELL easter term James roll the style of a inferior  court must show by what authority and state the name of the judge before who  it be hold error of a judgement in Burton upon Trent the first error assign  over as far as be because it be not show in the style of the court by what  authority it be hold videlicet by charter or prescription the second error  because the style of the court be in person seneschallo et ballivo lord paget  and he do not show their name and both these be hold to be error incurable for  in these inferior court the authority whereby they be hold a as likewise the  name of the judge before who ought always to be express b otherwise the king  court can take cognizance of their authority and for these cause it be reverse  vide Edward pl a see strange where this case be say to have be deny a see  stram Leon gilbert eved a post more cro Elizabeth cro car   Owen roll ab Noy  side Com dig Cowp Mod b post Yelv term Rep croak James er p
case JERVOISE versus ocarroll Lord chancellor king a order for appear gratis  imply the word that the defendant shall pray no day over the minute of a order  in this cause be take different in the two register book in Mr Goldsboroughs  that the defendant shall at the hear appear gratis and pray no day over but in  Mr price book it be only that the defendant shall appear gratis leave out the  latter part the order be draw up with the latter part in it that the defendant  shall appear gratis and pray no day over upon which a petitionwas exhibit for  the leave out of these latter word and Mr attorney general insist on the  behalf of the petitioner that the court have give no order for insert they  Lord chancellor ask Mr attorney general what be the import of these word that  the defendant shall appear gratis Mr attorney general these word be take to  supply the want of service of a subpoena that the defendant shall be as much  bind to appear as if prove he have be serve and be no more than admit service  Lord chancellor consent to a order that the defendant shall appear gratis must  mean that he shall appear and be not to make default so that the former word  plain imply the latter for which reason let the order stand as draw up and the  petition be dismiss
case JESOP against pain parson of Upway a modus to pay the ten fleece in lieu  of lock and tithe of wool be good post dougl prohibition pray for sue for  tithe of lock of wool suggest that he pay the ten fleece of wool in  satisfaction for all lock and tithe due for wool draw move that the  prescription be not good because it be but to have the same thing and of the  same nature in croak Elizabeth recompense and it have be rule in the queen  bench to give the ten sheaf in satisfaction of the tithe of the corn and rake  be not sufficient to maintain a prohibition and there in Elizabeth in the case  of shakerly against sir tame Marvin it be hold that it be not any prescription  to have cock of hay for all tithehay the court hold that in this case the  substance of the prescription be good enough and agree to the case of the rake  for that be as fgood corn as any other but lock he not of the same value with  the fleece but in regard of a fault in the suggestion that it be not that they  usual have pay c which be issuable it be not good and therefore they hold that  consultation shall he award
case JESSON against laxon Trinity term car I roll a continuance in a inferior  court until the next court day be sufficient certain cro James roll ab shower  dyer Mod ld raym Com dig Cowper roll ab error of a judgement in Coventry the  error assign be because the judgement be by nothing to say in debt be  discontinue for the continuance be take until the next court which be  uncertain for it ought to be to a day certain as Elizabeth dyer but it be  answer that in Coventry there be no day certain for the keep of their court  for sometime it be hold within a fortnight sometime within three week croak  car er p Jones justice say all their proceed in Wales be adjourn until the  next great session and none know when the great session croak car shall be  hold and this error be assign and overrule in the case of Bythell v Parry and  so Richardson Jones and Whitlock conceive it shall be here but I doubt thereof  the judgement be affirm
case jevon against turner two to know facias of the same testae ill two to  know facias be take out with the same testae but different return the one  returnable in quindena hilarii and another tomorrow purification though there  be different return and at convenient distance yet because they be actual take  out at one time it be judge wrong for per curian thus the party will lose the  benefit of two to know facias which the law give he
case jewel versus Musson Eq can ab pl S c pl S p a creditor agree to take less  than his debt so as the money be pay at a certain day and the money not be pay  at the day he sue for the whole debtor not relievable a creditor have agree  with his debtor to take a sum of money less than his debt so as it be pay  precise by such a day he fail of payment and now bring he bill suggest some  equitable excuse why he do not pay precise at the day and that he tender the  money within a day or two afterward and that the defendant refuse to accept it  and sue for the whole at law Vernon chancery case to this the defendant  demurrer for that the bill contain no equity and insist that when he make a  agreement in favour of the plaintiff he may restrain and qualify it as he  think fit and that the plaintiff have fail of payment at the day the defendant  be not now bind by the agreement or oblige to take less than his just debt  Lord keeper allow the demurrer and say pron  interrog  be dare he be to place  here and there Reg lib b fol so vide Delamere v smith Ch can rise v rise Amb  and the principle recognize in ex part Bennett atk so where a agree to lend b  a sum of money for a year provide b will execute a bind and mortgage for the  same the money be lend and afterward b refuse so to do b shall not have a year  to pay the money but action at law lie immediate for money have and receive by  b such dict by Eldon Lord Chan that June not report Vernon chancery case de  boundary S HILLARII car two in curian porter
case joan Bailey case Administration commit to the debtor in execution do not  extinguish the debt note one John Bailey be in execution the plaintiff die  intestate and the right of administration come to her and a motion be make for  a habeas put to bring her from the compter into this court for that have  administer to her creditor she may be discharge but it be deny for she can not  be thus discharge because non constat de mask neither can she give a warrant  of attorney to acknowledge satisfaction therefore let her renounce the  administration and get it grant to another and then she may be discharge by a  letter of attorney from such administrator
case jobbins case prohibition lev Mod vent comb prohibition be pray to the  court of request for that jobbins administratrix sue in that court complain  that she have take administration of her husband good think that he be out of  debt unless for small sum which he owe to labourer c and that she have pay  those debt and other the like and so administer the good and afterward action  of debt upon specialty be bring against her whereupon she pray a injunction  and have it and upon this matter show a prohibition be grant per totan curian  croak throw trinity term James in the king bench sir Edward Montague Knt chief  justice sir John croak Knt sir John Doderidge Knt sir Robert Houghton Knt  justice sir Henry Yelverton Knt attorney general sir Thomas Coventry Knt  solicitor general
case Jobson against belly in chancery Trinity term a annuity of ayear devise  to a wife be no satisfaction of settle on her previous to the marriage William  Jobson in the year give a marriage bind of one thousand pound to trustee to  the use of his intend wife he afterward marry her and die and by his will give  her a annuity of forty pound per annum clear of all deduction out of the  produce of his estate the question be whether this annuity be in satisfaction  of the bind after read the evidence and hear a few argument from the  attorneygeneral the Lord chancellor say he never know a more frivolous defence  or a plain case that even if the annuity have amount in value to the  purchasemoney of one thousand pound it have not be sufficient because of the  particular pen though he say in some case that may have make the matter more  disputable but in this he have no doubt in direct that the testator estate  shall be liable both to the marriage bind and the annuity for it can not be  intend as satisfaction modern report er p
case jobson case a contingent devise to the next of kin of the name shall go  to a female next of kin of the name at the time of the devise though change by  marriage before the contingency happen ante I vezey Bl Rep bro Ch Cas atk salk  Pigot on recov Jobson devise certain land in Newcastle in tail the remainder  to the next of his kin of his name at the time of the devise the next of his  kin be his brother daughter who be then marry to I S the devisor die the  tenant in tail die afterward witbout issue whether this daughter shall have  the land be the question upon a special verdict and adjudge without argument  that she shall not for she be not now of the name of the devisor but of her  husband name but if she have be unmarried at the time of the devise and death  of the donor although croak Elizabeth er p she have be marry at the time of  the death of the tenant in tail without issue yet she shall have have the land  wherefore it be adjudge accord
case JODDRELL against Heathcot declaration in debt for rend on a demise by  mentionat step forth be ill in debt for rend the defendant declare quid cum  per quandan indenturam fanctam c mentionatum step forth that the plaintiff do  demise c to the defendant c the defendant plead a ill plea to which the  plaintiff demurrer and afterward plead over the counsel for the defendant take  exception to the declaration that mentionat step forth be ill in this case  Raymond to maintain the declaration cite cooker v child a lev a where testatum  step forth be hold well in debt also he say that though it be ill upon a  special demurrer yet it be help by their plead over Pengelly for the defendant  say that the case of cooker v child be debt upon a charterparty which be the  same as covenant which be agree on all hand to be well and in the same case  keb the difference be take and there hold that lie a demise by way of  testatatum step forth be ill he cite likewise Lutw sand and as to the second  exception that it be help by the plea he say that the modern report er p plea  can not admit more than be well allege and that declare in trespass with a  quid cum be ill be cite lev Jones Powell justice hold the declaration ill for  the demise must be allege so certain as that it may be traverse he say it have  be hold well in covenant because the precedent be so and as to the case of  cooker v child of debt upon a charter party that be the same as covenant and  declare in trespass by a quid cum have always be hold ill modern report the  counsellor the plaintiff see the opinion of the court against they pray leave  to discontinue which be grant upon payment of cost
case John coston against thomas coston where there be a negative and  affirmative join the scilicet in a wrong name shall he aid after verdict ante  roll ab YeIV Cro Jac palm style strange Cowp trespass of battery the defendant  plead de son assault demesne the plaintiff reply that the defendant Thomas  Coston heat he de son tort demesne sans iiel cause per psum John Coston  superius instigation and so to issue and find for the plaintiff it be move in  arrest of judgement that this be a default in the plaintiff replication and  not help by any statute for it be substance and there be not any issue at all  join for he traverse matter allege by John Coston whereas it be allege by  Thomas Coston but all the court hold it to be but a misprision and the court  be full they award that it shall he amend
case John fabian against winston Trinity term Elizabeth roll the demand of  rend must he of the precise sum due and in plead it ought to be express when  it be due but a variance as to the duration of the demand be not material ante  Leon Allen   light a Lut dougl trespass for land in Uxbrid ge the Q uestion be  upon the avoid of a lease upon condition for nonpayment of the rend the  condition be that if he do not pay the rend at the feast in which c or within  twenty day after that then c and upon a special traverse the issue be if the  plaintiff by Edm Hedle demand S of rend due to he for halfayear the twenty day  after the feast by the space of half a hour before the sun set and upon a  special verdict it be find that the say Edward Hedle foot soldier S pro To  give back half yearly payment England for halfayears rend prcefato I Fabian  tunc debit pro property prcedirtis and there remain demand the rend by the  space of a quarter of a hour et non plus before the sun set tanquam ad and  after the sunset and that no rend be due but the half year rend due at the  Feast of the annunciation before the question be if this verdict be find for  the plaintiff or defendant?And all the court hold as for the time although it  be not find to he half a hour but a quarter of a hour yet it be a good demand  for be demand well enough for the time it be not material although it he not  precise accord to the traverse but they all hold this demand of the rend then  due be not good for he ought precise to show upon his demand what rend he  demand for if it be due five year before it be then due and therefore he ought  express to show what rend and for what time he demand it and although the jury  find that no other rend be due yet it be not material for the request must he  certain and it be adjudge for the defendant a see Geo c and Geo c S croak  Elizabeth er p
case John ford against julian ford in trespass if the way et arms be omit in  the first declaration it can be amend by the second declaration ante roll ab  lev sand ld ray strange error to reverse a judgement in trespass in the common  plea the error assign be because in the first declaration there want these  word way et arms but the second declaration which be after imparlance  whereupon the issue be join and the verdict give be good and perfect croak  throw Bridgman move that the first be good enough for the writ be recite  therein wherein be way et arms and the omission thereof in the declaration be  the default of the clerk only and therefore it shall be amend but the second  declaration be good the verdict and judgement thereupon be good and not  reversable say non allocatur for the omission of way et arms be matter of  substance which can never be amend and the first declaration be ill which be  the foundation the second be but the recital thereof and if the first be not  good the second will not help it Houghton therefore cite a former judgement  videlicet the case of the bishop of Rochester in waste where the first  declaration be not good although the second be good and judgement thereupon  yet it be reverse and Briggs v sheriff a where a action of battery be bring  and the declaration be quod cum the defendant do assault and beat he without  any affirmance of way et arms and the second declaration be good that the  defendant insultum fecit c yet for this defect in the first declaration the  judgement be reverse and so in winch v Warner b debt upon a obligation and  declare upon a obligation make primo maii and the second declaration be upon a  obligation make good luck maii and the obligation be show c and upon non be  factum find for the plaintiff it be adjudge to be erroneous because the first  declaration be not good so here the whole court be of that opinion wherefore  the judgement be reverse a cro Elizabeth b cro Elizabeth croak James er p
case John full against robert SPACKMAN it deed not he aver in plead that a  award be authorize by and within the term of the submission Yelv sand hob Lutw  debt upon a obligation the condition be to stand to the arbitrament of Thomas  Coleshill of all matter suit quarrel action and debate whatsoever now a      light cro car   b see the question revive upon a writ of diminution post croak  Elizabeth er p depend hetween they be at suit of law or otherwise in  controversy hetween they so as the award he make before such a day c  in write  the defendant plead the arbitrament in write make such a day in this manner  that the plaintiff shall enjoy quiet certain tithe in d without interruption  of the defendant c and that he have suffer he to enjoy they c which be all  contain in the arbitrament and demand judgement c the plaintiff reply that  hesides that the say t Coleshill do by the say write award that the defendant  at a day c shall pay to the plaintiff five pound in full satisfaction of all  account suit at law arrearage of tithe and tithe unjust take at any time from  the beginning of the world to the day of the obligation c and allege that the  defendant do not pay the five pound and so assign the breach c upon this it be  demurrer and the cause be because the plaintiff do not aver that there be any  suit depend c at the time of the submission for if there be not the award be  void and out of the submission but without any great argument it be adjudge by  schute and gawdy be only present for the plaintiff and their reason be that it  shall he intend to he award for matter in suit and a averment needs not for  otherwise every award may he avoid by such nude surmise
case John fuss case in a indictment the want of a addition to the first name  be fatal and if it he for burglary it must have the word nodanter ante hawk p  c c S hale Inst hale saver hawk case in crown law a indictment be against he  by the name of John fuss of Aldrington alian I c dichis John fuss of  Aldrington yeoman qudd felonic et burglari e to break in pieces house and  because there want the addition of yeoman in the first name which be not till  after the alias didus it be rule to he ill as also for that he do not say  nodanter the indictment of burglary be not good gawdy say it be good for the  felony but for the first cause he be discharge and two be say that there be  diverse precedent in this court accord a ante croak Elizabeth er p
case John george and his wife against harvey ante page a action will not lie  for call another a witch unless some act of witchcraft be allege ante post cro  James roll more Com dig this case be now move again by roll for the plaintiff  to have judgement that action lie for these word for say she be a witch  because all kind of witchcraft be punishable by I James c a and be intend to  be such who have conference with a spirit and work by spirit but all the court  seriatim deliver their opinion that the action lie not for call one witch  without allege she have do some act but if it be say that she bewitch any man  or any thing it well lie but to say she be a witch general be not actionable  for it be a common say you be a witch which may be by your tongue or look c  wherefore it be adjudge for the defendant vide hawk v Auge b adjudge accord  and touse v sand mich James
case John george and his wife against harvey to say you be a witch and a  strong witch be actionable see post action on the case for that the plaintiff  have communication at bury with the defendant of his the say plaintiff wife  the defendant say she innuendo the plaintiff wife be a witch and a strong  witch Whitfield move in arrest of judgement that these word be not actionable  unless he have say she commit witchcraft in bewitch some person or his good so  as she shall be punishable by the James c a for the word witch general be but  a word of scold and most common use of bewitch one with his word or  countenance and he say it be so adjudge in hawk v Auge b but it be allege on  the other side by Grimston that in hughs v Farrer c for call one witch and  that she have bewitch his drink it be adjudge that the action well lie but  because it be say there be precedent both way the court will advice d
case John hooper case the addition must he place before the alias didus but  the addition wife in a indictment against a jemecovert be sufficient post Inst  theol b c S more Leon edward pl con hale   light a Inst Com dig f John Hooper  alias Bartholomew carpenter and other be indict upon the Henry c and because  the addition come after the alias it be hold void as to he and the indictment  this eharged in the same indictment one be indict by the name of I the wife of  I S of d and it be move if this be good without any other addition to the wife  of her mystery or place of her habitation?Gawdy hold it be not Clench and  Fenner contra
case John lock and robert lock executor of james lock decease versus Eleanor  lock widow Lord keeper a devise a college lease for twentyone year to wife for  life remainder to his son she pay S per and to his son during her life the son  die in the life of his mother the rend continue during the life of the wife  and shall go to the executor of the son and the wife be compellable to pay her  proportion for a renewal of the lease James lock devise a term of twentyone  year hold of a college in oxon to his wife for life and after her decease to  his son James she pay as to the effect of this word pay in a will vide the  judgement of Hardwicke Lord Chan in Tunstal v Bracken cite in not to Dawson v  killet bro Ch Rep p pound per and to James during her life and not to alien  without the son consent Vernon chancery case James the son die and devise all  his interest in the land to the plaintiff and make one of they executrix bill  for the remainder of the rend and to compel the defendant to renew the lease  per cur the rend be to have continuance during the life of the defendant and  will go to the executor of the son vide the case of Rawlinson v duchess of  Montague next case ndly the devise be to the wife for life pay pound per and  to James her son during her life with remainder to James be a implication that  the widow shall renew and keep the term on foot and there be but seven year of  twentyone to come she be decree to renew and the master to settle the  proportion it be agree to be onethird by the defendant the widow and the  remain twothirds by the plaintiff Reg lib b fol on this point vide nightingale  v Lawson bro Ch Rep Cox and case cite in not to Cleat v Batteson ante vol p
case John mayor against richard heart where a promise be not special the  declaration in assumpsit must state for what cause the debt arise ante hob    more hetley Bulst Bulst Hardr cro car side Poph lev Allen march Carth show  assumpsit for that the defendant be indebt to he in forty pound et such  indebitatus to step out in consideration ind assumpsit to loosen upon request  after non assumpsit plead and find for the plaintiff it be move in arrest of  judgement that the declaration be not good for that he do not show for what  cause he be indebt so that the defendant do not know how to provide he a  answer and it be not a promise in consideration of forbearance till such a day  or such a special promise for that may be good and to that purpose be cite  Buckingham v Cosdes a that for this cause judgement be reverse and all the  court videlicet Doderidge Houghton and chamberlain absent lea be of that  opinion and give rule that judgement shall be enter for the defendant
case John morgan wolf against stepney Hilary tirm Elizabeth roll a writ be  against John Morgan wolf the judgement quod recupere toward proedidum Morganum  and it be amend ante hob vent more hut Brownl ray comb cro car cro James error  of a judgement in a action upon the case for word the error assign be because  the action be bring against John Morgan wolf and the judgement be quod  recupere croak Elizabeth versusprcedidum Morganum whereas that be neither his  Christian nor surname for Johannes Morgan be his Christian name and wolf be  his surname but all the justice except Anderson and Walmsle who hold it to he  error for this cause resolve it to he well enough for it be his name whereby  he be know and parcel of his surname or his entire surname and wolf be but a  addition and there before good enough and judgement well give and if jt be not  good it be clear that it be amendable for it be but the fault of the clerk  which be amendable by the commonlaw or at leastwise by the Henry c a and to  that purpose precedent be show where in point of judgement there have be the  like amendment videlicet hill Elizabeth roll Ognel v joiner where the  judgement be qubd Henry joiner recupere l assess per juralores Elizabeth l  eiden Henry Skinner de increment so his surname mistake and it be amend by  order also mich Elizabeth roll Thomas wile v John Wheeler the judgement be  qubd prcedidus though recupere versus prcediclum thomam where it shall have be  Johan and it be amend and mich pound Elizabeth roll h ssy v read Stafford  wherefore upon these and other precedent show it be award to he amend and the  judgement be affirm
case John Parker case a excommunicate to take in hand be void by Elizabeth c  unless it be return into the king bench and deliver of record to the sheriff  cro James strange peer will salk Tremain John Parker be bring to the bar by  habeas corpus and the cause of his commitment appear to be by virtue of a writ  de excommunicate to take in hand ground upon the chancellor of norwich  certificate into the chancery it be plead that this excommunicate to take in  hand be void and that the party be not lawful imprison because by the  Elizabeth c the writ ought to have be bring into the king bench and to have be  enrol there and deliver in convenient time to the sheriff and all the court  resolve he be not duly imprison and therefore he be discharge
case John raw and Elizabeth pote versus pote Nov Eq can ab pl pre Ch S c a on  his marriage with b settle land for her jointure which be subject to a entail  c brother of a be privy to the entail ingross the jointuredeed have the deed  of entail in his custody and conceal it a the husband devise the inheritance  of the premise to I S afterward die without issue and I S marry the widow c  the brother set up the entail and bring a ejectment I S and his wife bring a  bill to be relieve against this deed of entail decree the wife to hold her  jointure but bill dismiss as to the husband claim under the will it be a  voluntary conveyance Leonard Pote the defendant elder brother upon his  marriage with the plaintiff Elizabeth settle the land in question upon her for  her jointure the defendant be privy to the treaty of marriage and ingross the  jointuredeed and conceal the entail Leonard Pote the defendant elder brother  be dead without issue and have devise the inheritance of these land to the  plaintiff raw the defendant Pote have the deed of entail in his custody make  by his grandfather bring his ejectment and recover the plaintiff bring their  bill for relief and the defendant by answer confess he be privy to the  marriagetreaty and ingross the plaintiff Elizabeth jointuredeed and that he  have then the deed of entail in his hand but do not mention his title nor  discover the ancient deed of entail because Vernon chancery case he apprehend  his brother will dock the entail the court decree the plaintiff Elizabeth to  hold and enjoy her jointure against the defendant and all claim by or under he  and a perpetual injunction against the judgement in ejectment but as to the  plaintiff raw who claim the reversion and inheritance by a voluntary devise  the bill as to he be dismiss dr Amyes case and Charles Clare case cite Reg lib  b fol note this decree be afterward affirm upon a appeal to the house of lord  vide Hobbs v Norton ante Vol Neville v Robinson bro c
case John rogers against gravat parson of saint pretty common or how otherwise  they hold be the question Anderson and Beaumond if it be a term for year in  mary Pagrave the mother and a freehold to the mother and faith the daughter  this term for year can stand with the freehold and therefore it be drown and  they be immediate jointtenants of the freehold and the issue be find for the  demandant but if the term be drown only for the moiety as they say it be clear  that it shall be and she as tenant for year remainder to faith of the other  moiety it be then find for the defendant that they be not tenant modus form  prout c but they hold that they be jointtenants for the reason aforesaid  Walmsley agree that if it shall enure as a immediate devise that the term  shall be extinct and they arejointtenants of the freehold but per adventure  the will be to make it a term in the mother and after the expiration of the  year a freehold accord to the intention of the devisor it shall he construe  that it shall not be a devise of the freehold until after the year expire and  in the mean time the land shall descend to the heir but afterward upon release  of damage thou art a witch and a sorcerer be actionable without show special  damage ante cro James roll Abr Jones lev hawk p c ch action for these word  thou art a witch and a sorcerer after verdict it be move that the word be do  actionable but the court resolve contra for gawdy say if he witeheth man so as  they die it be felony a and if he usewitcbcraft in any other manner he shall  stand upon the pillory so in every respect it be a slander and a good cause of  action wherefore it be adjudge for the plaintiff
case John ROYLEYS case a man son have be beat by another boy the father go a  mile to find he and there in revenge of his son quarrel strike the boy with a  little cudgel of which stroke he die adjudge manslaughter only SC godb cro car    cro Elizabeth hale ld raym saint Tr saint Tr Bac Abr hawk p c foster burr  Cowp John Royley be indict of the murder of one William derman upon his trial  a special verdict be find before justice Daniel which be remove hither by  certiorari whereupon the case be find to be that William Royley son of the say  John Royley fight with the say John derman in the field and the say John  derman beat he so as his nose bleed he thereupon go to his father tell and  complain to he of that battery whereupon he instant go into the field be a  mile distance and find he call he villain and other opprobrious term and  strike he with a little cudgel a of which stroke he afterward die and whether  that be murder or only manslaughter they doubt and pray the discretion c and  all the court resolve that it be but manslaughter for he go upon the complaint  of his son not have any malice before and in that anger beat he of which  stroke he die the law shall adjudge it to be upon that sudden occasion and  stir of blood be also provoke at the sight of his son blood that he make that  assault and will not presume it to be upon any former malice unless it be find  and although the distance of the place where his son complain be a mile it be  not material be all upon one passion so if one hear that his brother or cousin  or servant be fight upon a sudden occasion and he go to the place where they  be fight although a mile or more distant and find the adversary fight with he  and kill he it be not murder but manslaughter wherefore it be adjudge that it  be not murder and be before the general pardon be discharge thereby
case John stow case by Elizabeth c information on penal statute must be within  two year after the offence commit post dougl note a indictment on a penal  statute must pursue the word of it Inst the Edward c be a ordinance and not a  statute say vide salk contra John stow be indict upon the statute of Elizabeth  c because he have erect a cottage within five year last pass and have not  allot four acre of land accord to the say statute de Terris mensurandis a and  have continue it ever since a Edward croak James er p croak throw the first  exception be that this indictment be for erect a cottage within five year pass  whereas every offence ought to be punish within two year by indictment or  information by the express word of the statute of Elizabeth c otherwise it be  not punishable and therefore not good the second exception be because he do  not say that he voluntary continue it which be the express word of the statute  the three exception for that it be express to be by the statute de Terris  mensurandis whereas there be not any such statute but it be a ordinance only  for these cause the indictment be hold to be ill and the defendant be  discharge
case John vita against james vita Michaelmas term and Elizabeth roll on nil  dehet plead if the entry be et preceding defendens similiter instead of  preceding to express grief it shall he amend ante post   a cro James salk Bac  Abr stram to Rep error upon a judgement in Ipswich in debt for twenty pound by  John Vita against James Vita the defendant plead nothing dehet et de hoc to  put down see super native land and the issue be enter elprcedidus jacobus  similiter where it ought to have be Johannes and try and adjudge for the  plaintiff and this be the error assign and all the court hold it to he  amendable by the Henry c which give authority to amend record remove out of  the common plea by error for fault which happen per v itium writer or by the  clerk negligence and this statute croak Elizabeth er p extend as well in  equity to the record of other court which be not remove for error whereupon it  be award to he amend and the judgement be affirm
case John witton against buy a release of all action and demand make by a  lessor to a lessee will not discharge the subsequent arrear of rend but if a  lessee assign all his term and make such a release to the assignee the grow  payment be discharge ante roll ab   Litt   cro Elizabeth side Yelv lev lev lev  debt as administrator of Witton and demand twentyfive pound for that George  Witton be possess of a lease for year and James assign that lease to the  defendant render annual during the term fifty pound at the annunciation and  saint Michael and for twentyfive pound due at Michaelmas James the action be  bring the defendant plead that George Witton James release to he all action  debt duty and demand before the date of that release whereupon the plaintiff  demurrer croak throw it be now move that this duty have accrue after the  release and be a   b   c   d   e ante croak James er p a future duty be not  discharge by this release no more than if the lessor shall release to his  lessee for year all action and demand that be no bar to the rend which accrue  annual by reason of the profit receive because every year be quasi a new duty  Houghton be clear of that opinion for the rend go with the reversion and this  rend be annex to the reversion and attend it be due annual by reason of the  perception of the profit and therefore differ from the case in Littleton a of  a release of all demand which be a good bar of a rentservice or rentcharge but  in this principal case Houghton and all the court agree that forasmuch as the  lessee have assign over all his term reserve this rend it be not attendant on  the reversion but be only due by contract and this release of all demand  discharge this contract and all demand concern it wherefore the release be a  good bar for the rend incur after vide ass pl   a althams case   a hoe case  dyer and in Harcroft v field b a release of all demand be hold to be no bar in  a action of covenant afterward break
case johns against Adam judgement against husband and wife executrix de good  testator si et si non tunc de good nest not common with others be good for she  will be liable after the death of her husband post roll ab Brownl cro car go  dyer salk stram Cowp error of a judgement in the common plea the error assign  be for that in debt upon a obligation against John and his wife as  administratrix the defendant plead payment by the wife after the death of the  intestate accord to the condition of the bind and issue be join thereupon and  find for the plaintiff and judgement give quod recupere debt is owed against  they de good testator et si non c the damage de good nest not common with  others whereas it be a false plea which lie in their own cognizance of a  payment make in their own time the judgement ought to have be for the debt de  good not common with others second that the judgement ought to have be for the  damage de good not common with others of the husband only for a feme covert  can have any good but the court hold the judgement to be well give for as to  the first although the plea be false yet he be altogether a stranger to the  testator and therefore the judgement shall be only de good testator and not as  where he plead plenement administer which be false in his own cognizance  second although the wife have not any good during the coverture yet because  the husband croak throw be charge only in respect of the wife and she may have  good if she have survive and execution may be then take against her therefore  the judgement be good and so be all the precedent as Manne inform the court  wherefore the judgement be affirm
case johns against fillip Michaelmas term pound Elizabeth roll attornment too  late after the marriage of the grantor co li be I Com dig second deliverance  the case be a woman make a lease for life and afterward grant the reversion  for year and before attornment she take I S to husband and afterward the  tenant attorned to the grantee the court resolve and agree that the attornment  come too late a but for some fault in the plead nojudgment be give
case johns against Gittings Hilary term Elizabeth roll a special plea must  reverse and answer the whole of the declaration ante Bac ab Com dig action for  word thou baste play the thief with I and baste steal my cloth and half a yard  of velvet the defendant plead that the plaintiff be his tailor and that upon  the day of c he deliver to he a yard and half of velvet to make he a pair of  hose and he make they too strait ration pron  interrog  he speak these word  thou baste steal part of the velvet which I deliver you without hoc that he  speak any word aliter well elsewhere modus upon which the plaintiff demurrer  for the plea and traverse do not confess any word of slander and then the  traverse be mere void l edward pl Edward pl I Henry pl Henry pl and of this  opinion be the court but a manifest fault be allege in the plea for he do not  answer to the word thou baste steal my cloth so it be vicious and can be cure  and it be adjudge for the plaintiff
case johns against meat debt lie for not set out tithe to which not guilty or  nil dehet be good issue but a who tain action can e bring for this offence  ante post Inst Goulds Noy more hob Bac ab hawk lTermRep B R debt upon Edward c  for not set forth his tithe the defendant plead not guilty and it be find  against he and now move in arrest of judgement first that this action of debt  lie not because a certain penalty be not give by the statute but the Triple  value which be uncertain say non allocatur vide ante Hedle v Shermans second  because the defendant plead not gild which be not any issue in a action of  debt but he ought to have plead non dehet say non allocatur for this action be  find upon the statute upon a wrong do this issue be good enough three because  he bring this action for himself and the queen and the queen can have any  benefit thereof nor be it iven to the queen by the statute but to the party  grieve only and it be hold by the court to be a material exception and  thereupon the court command the judgement to he stay vide pound will c I S
case johns against STAYNAR Hilary term car roll in ejectment if the ouster be  allege after the testae of the original the judgement be erroneous ante post  S C Jones Yelv cro James Leon Leon side hob Carth lev cro Elizabeth show will  Bac Abr stram Com dig error of a judgement in ejectment because the original  writ do not warrant the declaration for the original bear date January car and  the ejectment be suppose January after verdict upon not guilty plead and find  for the plaintiff and judgement enter this error be assign and upon diminution  allege the writ be certify and the defendant plead in nullo be erratum roll  now move that it be good notwithstanding for the writ be returnable tomorrow  purification and the trial be upon the issue join Trin seven caroli and there  do not appear any continuance upon this wherefore it shall be intend that  another original writ be bring which be want and not certify and compare it to  the case of the bishop of Worcester where the declaration be of a lease by  himself in a ejectment and the writ certify be of a lease by his predecessor  and hold that it shall not be intend the original whereupon the action be  bring also where a action be bring and try in Middlesex and the original  certify in London it shall be intend not to be the same original but rather  that it be a verdict without a original which be aid by the statute where  there be no original a a Com dig a it be move again in Michaelmas term and the  judgement reverse post croak car er p
case johns against STAYNAR vide ante in ejectment if the ouster be allege  after the testae of the original judgement be erroneous ante post S C Jones  cro James cro Elizabeth Com dig Bac ab this case be now move again by roll for  the defendant in the writ of error and he vouch the case of calthorp v  Culpeper a where trespass of assault and battery be bring and try in Middlesex  and the bill upon the file be in London it be resolve that it be a declaration  and trial without bill which be aid by the statute wherefore it be there  adjudge for the plaintiff and another precedent Kelley v reynell b where debt  be bring in Exeter and the writ suppose it to be within the county of Devon  after verdict it be hold that the writ in one county can be intend for a  action in another county and therefore it be a trial without a original but  all the court here croak car hold that this judgement be erroneous because  this original be certify as a original in this action which be betwixt the  same party of the same land and of the same term and be take out before the  cause of action it be a vicious and a ill original not aid by any statute and  compare it to bishop case a whereupon they all agree that the judgement be  erroneous and therefore it be reverse
case johns against wilson trespass et thornbush urge ad valentian leg of meat  be sufficient without show the quantity post cro car Allen cro Elizabeth lev  Mod salk stram ld ray Andrews will trespass quare enclosed space to break in  pieces et thornbush urge ad valentian leg of meat after verdict upon not  guilty and find for the plaintiff it be move in arrest of judgement that the  declaration be not good because he do not show the quantity of the load or  load and so it be uncertain as in   Playters case trespass quare pisces urge  to take in hand and of that opinion be the court but they will advice and on  be move again in the end of the term many precedent be show for the  maintenance thereof wherefore it be adjudge for the plaintiff a a   b say vide  Ann c S a say vide bertie v Pickering burr croak James er p
case johns and Robinson against dodsworth verdict against two and separate  damage the plaintiff may sign judgement against both for the damage of one and  so waive off the damage against the other without release they error of a  judgement in a appeal of mayhem in Durham the error assign because the  plaintiff declare there in a appeal against they that they with a three a see  Neal v jews freeman contra l c b Parker ms a cro Elizabeth croak car er p make  the mayhem they plead several plead whereupon several issue be join and  verdict for the plaintiff and against John upon the trial fifty croak car  pound damage be find and against Robinson one hundred pound damage and the  plaintiff pray judgement against both for the one hundred pound damage and  cost and have it and now error be bring and assign because the plaintiff have  judgement for the one hundred pound damage and do not release the damage for  the fifty pound but the court conceive it to be no error for the judgement be  for the one hundred pound by the election of the plaintiff it be a waiver of  the other damage and he can have both therefore be needs not release the  damage of fifty pound whereupon the judgement be affirm
case johnson against Adam and other in replevin for good catalla et averia a  conusance of all and justification for part be bad S c comb S c Mod S c holt  in replevin for take live cattle and several stack of bay c the defendant  plead bene understand deception averiorum et catallorum in loco pillage  because to say quod averia pillage c but say nothing as to the chattel but  they conclude and pray judgement averiorum et catallorum curian it be ill for  though they make cognizance of the whole yet they do not answer the whole so  that they be short in their justification if the distress be entire and it be  wrong in part it be bad for the whole modern the matter be what judgement we  shall give whether to abate the avowry or that the plaintiff shall recover and  have judgement final certain it be ill to acknowledge the take of all and to  justify but for part we will consider what judgement to give
case johnson against allen one tenant in common may maintain ejectment against  the other per curium if two tenant in common be and one of they do actual oust  the other a he may maintain a ejectment against he and he shall not be admit a  defendant without confess lease entry and ouster and in that case the  plaintiff shall only recover his purparty pro undivided and shall be put in  possession of no more and in such case the sheriff shall give the same  execution as he will do of rend upon assize and there can be no mean profit at  all recover in case of tenant in common but if one enter only upon another  claim only as tenant in common and the other bring a ejectment it will be hard  to enforce the defendant who have do nothing but as tenant in common to  confess lease entry and ouster b and here it modern report be rule that there  shall be a confession of lease entry and ouster in case it shall appear to be  a actual ouster upon evidence at the trial by not and it be agree that to  obstruct one to make the utmost profit of his moiety will amount to a ouster  but not to consent to have the rend raise upon the tenant will not a but see  now the statute of Geo c the Geo c and the case of Mitchell v Oldfield term  Rep a see accord Fairclaim on the demise of Empson v Shakleton burr do on the  demise of fisher and tailor v Prosser Cowp b hob   light modern report er p
case johnson against altham plead S c ante Parker chief justice deliver the  resolution of the court to be that the judgement of the court of common plea  shall be affirm petit judgment de billa be the form of plead in abatement  modern report petit judgment de narration the form of plead in bar demand  judgement of the declaration be understand to be demand judgement of the case  in the declaration the demand judgement of the bill be modern report er p as  much as to say since the declaration be your case which it be always suppose  to be you have bring a wrong bill in this case there be no bill upon the file  and the declaration be the very first step in the cause which undoubted be  erroneous for every cause must begin either by writ or by bill neither of  these two form of plead be proper not petit judgment de billa for there be  none not judgment de narration for it be not the case in the declaration but  the want of a bill that be the error the defendant therefore in the original  action shall have conclude his plea thus petit judgment si responders to turn  the war thither to withhold
case johnson against awbrey vicar of Bradfield in herk to make the tithe hay  of the first crop be a good modus for non payment of tithe for the latter  maths ante post I roll Abr cro James cro car Inst ld ray Eq can ab Peer will  prohibition for tithe claim of bay of the latter maths and allege a  prescription that in consideration the occupier of that meadow have use to  make the hay of the first maths into cock and to set forth the ten cock for  the vicar they have use to he discharge from the payment of any tithe for the  latter maths William move for a consultation because the suggestion be not  sufficient for he do no more than the law require but the   t hold it to be a  good prescription and reasonable coke cite one NicAols case to he adjudge in  this court that tithe shall not he pay for the rake of corn unless it can he  aver that they be foul rake and covinous to defraud the parson Szc Godolphin  Rep
case johnson against barley distress for rend grantee for life of a rend take  a lease for five year of the land the five year expire the uestion be whether  the grantee may afterward distrain for the arrearage incur during the five  years?And all the court hold that he can not
case johnson against burton and shut Trinity term Elizabeth roll a  justification to trespass by authority of the sheriff must traverse the county  ante   b Com dig trespass of battery in such a parish and ware in London the  defendant justify in the county of Cambridge and arrest he there by warrant  from the sheriff there and traverse the battery in the parish and ware in the  county mention and for this cause it be demurrer and adjudge for the plaintiff  that the traverse be ill to traverse the place but he ought to have traverse  the county
case johnson against davy Trinity term car roll in ejectment if the original  writ appear to be of another term and between other party than those in the  declaration it shall be intend not the writ on which the plaintiff declare  ante hob Mod cro James Mod barn Com dig Bac ab in notorious facts Cowp  ejectment of six message one hundred acre of land three hundred acre of  pasture c upon not guilty plead the verdict be find for the plaintiff Grimston  move in arrest of judgement that this suit be by original writ and the  original do not warrant the declaration for the original be of one message and  sixty acre of land and so vary from the original in the number of the message  and the land but roll for the plaintiff say that this shall not be intend the  original upon which the plaintiff declare but that there be another original  which warrant this declaration which be now embezzle and it shall not be  intend to be ground upon the writ which be now show first because the writ  bear testae that April returnable Paschae and this declaration be in Trinity  term and here be no continuance upon this writ second because the writ be  against the defendant and a copyholder and in this declaration there be no  name of the copyholder wherefore it shall be intend that this declaration be  ground upon another writ now want and this want be aid by the statute of  Jeofails and all the court absent Richardson be of the same opinion and rule  give for judgement for the plaintiff
case johnson against gabriel and HELLAMY Trinity term Elizabeth roll follow in  re Francis Ch a fine levy by a devisee in fee in remainder before he attain  the age at which the devise vest will bar his heir post SC   S C Leon cro car  sheep touch cruise on fine Ejectionefirmce the case upon special verdict be  grant be seize in fee of the land and devise it to his wife for life and when  John grant the son of his brother come to his age of twentyfive year then he  shall have it in fee John before his age of twentyfive year levie a fine to a  b and after his say age of twentyfive die and it be adjudge that his heir  shall he bar by this fine levy by he and so it shall he if the land have be  give to he in tail and there shall be no averment that part ad that which  divides nothing to have c and this be find by verdict shall bar as well as if  it have be plead as a estoppel a croak Elizabeth hilary term Elizabeth in the  queen bench sir Christopher Wray Knt chief justice sir Francis gawdy Knt John  Clench Esq Rohert Sebute Esq justice sir John Popham Knt attorneygeneral sir  Thomas Egerton Knt solicitor general
case johnson against morgan queen if debt will lie upon a agreement in write  to pay the debt of another where the sum be uncertain though capable of be  ascertain Jones lev Fost Com dig strange debt upon a bill which be by these  word he it know c that f William Morgan do acknowledge myself to he indebt to  I Johnson for all such sum of money as a d my brotherinlaw do owe the say I  Johnson and aver in fact that then a d owe unto he c Walmsley and Kingsmil  hold it to be a good bill and the action well ground thereupon with this  averment for it be thereby reduce to a certainty and although it he uncertain  in the word of the bill yet when it may be reduce to a certainty it be well  enough Anderson and Glanville contra because it ought to be certain what and  to who he owe it and here to say that he owe that which his brotherinlaw owe  be void for he can be indebt for his brother debt for the debt of his brother  be not thereby digcharged notwithstanding but Walmsley say that the word  tantamount that he be indebt in such a sum as his brotherinlaw owe and yet  thereby the debt of his brother be not determine and the like case be adjudge  in this court easter term Elizabeth wherefore c Adjournatur croak Elizabeth er  p
case johnson against nailer Writ of execution not amend it be a writ of  execution bear testae in vacation and it be move to have it amend and the case  of smith v Harwood in new Jones and dyer be cite but the court will not grant  the motion
case johnson against pay a action by bill lie on the Elizabeth c by the party  grieve notwithstanding Elizabeth c post ante Leon roll ab Inst cro car hawk ld  ray burr Cowp and see note a leigh v ken t Rep bill of debt upon the Elizabeth  c of perjury after verdict it be move in arrest of judgement that by the  Elizabeth c no suit shall he upon a penal statute but by information or  original action so this bill be not maintainable but it be thereto answer that  in the same statute be a proviso where the action be give to the party gr  ieved and not to he who will sue general that he may sue as before wherefore  upon view of the statute it be hold to he maintainable and adjudge for the  plaintiff
case johnson against ryson No prohibition for suit for a mortuary not have  plead there be no custom S c ld ray libel be in the spiritual court for a  mortuary allege due by custom the suggestion set forth the statute of Henry c  and that there be no custom in that parish for the payment of mortuaries per  curium there be no colour for a prohibition since you have not plead for a  mortuary be a thing within their jurisdiction and if there be any room for a  prohibition it will be for want of a custom and then that ought to have be  plead and he compare it with a modus kill for which there be no remedy but in  the spiritual court and the case of hind v bishop of Chester a be not like  this for the statute except a mortuary and a mortuary be a mere ecclesiastical  right for which there be no remedy but in the spiritual court and though a  writ of annuity may lie for a pension by prescription and so recoverable at  commonlaw yet it may be sue for in the spiritual court against the opinion of  coke b which opinion have be frequent explode since and the rule for a  prohibition be discharge c
case johnson against sir henry row in prohibition on a discharge from tithe if  the defendant plead a agreement with the abbot that the discharge shall not  extend to the land when in the occupation of lessee and traverse the discharge  without show title ill the abbot the inducement be bad post hob cro Elizabeth  cro James Jones prohibition for that the prior of the salutation of the order  of the Carthusian be seize in fee of a house and grange call Bloomsbury in the  parish of saint Giles and of such land in the tenure of the plaintiff and that  he and all his predecessor until the day of the dissolution hold they  discharge croak car of tithe and so seize the Henry surrender they to the king  and plead the statute of Henry c and convey the interest from the king to the  plaintiff c the defendant plead that saint may it be agree betwixt the master  of the hospital of Burton lazar and the say prior that when the land of the  manor of Bloomsbury be in the hand of the tenant or fermors of the prior that  tithe shall be pay and when the land shall be in the hand of the prior himself  that they shall not pay tithe but then they shall have six kinegate in such a  pasture of c in lieu of the tithe and convey the possession of the hospital to  the king by surrender and from the king to the defendant and traverse that the  plaintiff now hold the land discharge of tithe c the plaintiff thereupon  demurrer and it be adjudge for he that the plea be ill and no good inducement  to the traverse for he make no title to the master of the hospital for tithe  but only pretend a agreement but do not entitle he to the tithe nor show that  he be seize of they in fee nor do show any thing for which they may make such  a agreement also he do not show the agreement to be by write and the  inducement of a traverse ought to be always sufficient whereupon it be adjudge  for the plaintiff
case johnson against sir John Aylmer Michaelmas term James roll in slander a  innuendo in the recital of the word that a particular name mean the plaintiff  be not sufficient certain the declaration must express allege that they be  speak of he ante   b roll Abr Cowp action for that the defendant haec  falsehood et scandalosa word following dixit et to make public videlicet Mr  price you do my Lord Burleigh wrong that you do not apprehend Jeremy Johnson  innuendo the plaintiff for a felon and seize his good for he innuendo the  plaintiff have steal a sheep from wright of Rirsby innuendo John wright the  defendant plead not guilty and find against he and damage assess to fifty  pound after verdict it be move in arrest of judgement that the word be too  general lie to maintain the action for they be not allege to be speak of the  plaintiff in the writ or count but only in recite the word he say innuendo the  plaintiff and the innuendo without express allege the word to be speak of the  plaintiff will not maintain the action and the court be of that opinion  wherefore it be adjudge for the defendant croak James er p
case johnson against tuck Michaelmas term Elizabeth roll it will be a mistrial  if only one venire be award where two issue be join in different parish say  vide post note a page ante assumpsit which be suppose to be in the parish of  saint mary Le bow in London the defendant plead to part non assumpsit and to  the other part a release in the parish of saint magnus London and issue be  join upon both and one venire facias award to try both issue and this be de  viceneto de bow and find for the plaintiff Egerton solicitor move in arrest of  judgement that it be a mistrial for the venire ought to be of both place for  it be agree that the plaintiff may have if he please several venires and may  have at his election but one venire facias and he rely upon Henry pl but it be  move that it be a good trial for the issue which be at bow and a  discontinuance for the other Henry pl but the croak Elizabeth er p opinion of  the court be that inasmuch as the venire facias wasawarded for trial of both  issue this be a mistrial in all and can be good for one but in Henry pl the  question do arise for that it do not appear that the venire facias be award to  try both the issue and judgement be stay and they say he may take a venire  facias de to make new if he will
case johnson against underwood the style of a inferior court ought to show by  what authority it be hold ante post   more side Com dig to Rep Cowp salk Bac  ab error of a judgement in Leicester in assumpsit the error assign be because  in the style of the court it do not appear by what authority the court be hold  videlicet whether by custom or by virtue of letter patent from the king and  although it be allege that it need not because there be a action commence and  prosecute there they well may take cognizance of their own jurisdiction  without be insert in the style of the court and here in the certificate it  needs not to be show because the writ suppose it to be there prosecute betwixt  the party secundum experience villae prediction a and so the court take  cognizance by what authority the court be hold and the record be remove shall  be hold to be accord to their authority yet the court hold that the  jurisdiction ought to be show but they will advice vide Edward pl dyer
case johnson against west in a plea of foreign attachment to debt on bind it  must be aver that the money attach be parcel of the money mention in the  condition S c bar king b action on bind to part of which tender and refusal be  plead to the rest the custom of London be set forth and that accord thereto  the money be attach in the defendant hand before the day of payment in the  condition but judgement be give upon the attachment after the day in the  condition mention the case all seem to be that debt is owed in prsenti solvend  in going to be may be attach but not condemned before the day of payment a see  cro roll Abr side   Ent Lut a but the court decline give judgement on that  point but give judgement nisi in two day for the plaintiff it not appear nor  be aver in the plea that the money attach be parcel of the money in the  condition of the bind and it may be other money
case johnson executor of hill versus not eoden die in court Lord keeper ante  case if a heir sell a reversion in the life of his father at a undervalue the  court will not in favour of such a purchaser decree a specific performance of  a covenant for further assurance hill buy of the defendant not in the lifetime  of sir Thomas not his father the reversion of a house at Richmond at a  undervalue by reason of the contingency that if the defendant not have die in  the lifetime of sir Thomas his father hill have lose all his purchasemoney and  after the death of sir Thomas not who die about ten year after this contract  be make not bring his bill to be relieve against the bargain and be relieve by  Lord Nottingham but upon a rehear before the Lord keeper that decree be  reverse now this bill be bring by Johnson the executor of hill set forth that  not the defendant be only tenant in tail and have covenant to make further  assurance and pray he may be compel to perform his covenant in specie and be  decree to levy a fine Vernon chancery case er p Vernon chancery case upon the  hear the Lord keeper deny the plaintiff any relief and say upon the first hear  on not bill he think it a hard case though he do not see sufficient reason to  set aside the contract but as to the plaintiff bill he say a contract which  carry a equity to have it decree in specie ought to be without all objection  Phillips v duke of buck ante and say the practice of purchase from heir be  grow too common and therefore he will not in any sort countenance it and  dismiss the bill and leave the plaintiff to bring his action of covenant at  law batty v Lloyd ante and case cite in not there et vide Waller v dalt Ch can
case joiner against lambert dissent of a copyhold do not toll entry but the  heir may surrender before admission   cro Elizabeth Leon kit pop to Rep to Rep  trespass the case be the lord of a manor seize a copyhold without cause and  grant it to another in fee the grantee die seize and his heir be admit the  first copyholder die his heir enter and surrender to the use of a stranger the  question be whether his entry be good or no and it be resolve that a dissent  of a copyholder shall not take away the entry of another copyholder who have  right second that the heir enter without admission his entry be lawful and be  in his surrender be good
case joiner against Pritchard if a declaration say that the defendant  prosecute to be et thus far attendance it shall be intend at the time when the  action be commence Mod salk stram ld ray term Rep a action be bring upon the  statute of Richard c for prosecute of a cause in the admiralty court which do  arise upon the land it be try before the chief justice in London and a verdict  for the plaintiff Mr Thompson move in arrest of judgement for that the action  be bring by original in which it be set forth that the defendant prosecute to  be et thus far attendance c in curian Admiralitat now the attendance be  subsequent to the original and so they have recover damage for that which be  do after the action bring curian these word thus far attendance must refer to  the time of sue forth this original like the case of a covenant for quiet  enjoyment and a breach assign that the defendant build a shed whereby he  hinder the plaintiff that he can not enjoy it thus far which word must refer  to the time of the action bring and not afterward judgement be give for the  plaintiff
case JOLLIFF versus crew Eq Abr pl S c Eq Abr c S c salk S p e contra vern a  legacy Payable at a certain time shall notwithstanding carry interest only  from the time it be demand per Lord keeper though a legacy be devise to be pay  at a certain time yet it shall not carry interest but from a demand make  otherwise of a debt and cite Robinson versus Holmes in c b where land be  devise upon condition to pay such a sum of money at a certain day the  nonpayment at the day be adjudge no breach without a demand and refusal  precedent in chancery er p
case jones against beau office of register of llandaff may be grant to two S c  Mod S c salk S c show S c Carth on a issue out of chancery it be find that the  bishop of llandaff in Wales in the year grant the office of the register which  be several time grant to two since the statute of Elizabeth and no grant to  one only prove before the statute to sir r Floyd and the plaintiff and the  plaintiff claim the office by force of the grant and it be agree that if such  grant to two have be good at commonlaw it will not be defeat by the statute  for it allow a grant to two where the usage have be so and the constant usage  since be good evidence of its have be so before modern report er p but it be  argue that such a grant have be void at commonlaw for this be a judicial  office which can be grant to two in reversion a   a the office of chief  justice be not grantable to two but per curian contra a judicial office may be  grant to two as well as a ministerial one and no inconvenience more in the one  case than in the other the office of a judge may be well grant to two if these  two chancellor differ the bishop may sit himself and their authority cease
case jones against powell to say of a attorney he can read a declaration be  actionable without special damage S C ray S C vent S C lev S C keb more godb  side cro Elizabeth roll Abr cro car hob latch Brownl vent lie strange Wilson  term Rep word speak of a attorney thou can not read a declaration per quod c  the court the word be actionable though there have be no special damage for  they speak he to be ignorant in his profession and we shall not intend that he  have a distemper in his eye c judgement be give for the plaintiff
case jones against SWEETAPPLE error can be assign of a bind take for  appearance that it be not say to be per nomen viscount for he may have plead  the statute error of a judgement in debt upon a bind in the common plea the  error assign be that it be a bind for appearance take by the plaintiff  multicolored duty and it be no where say that the plaintiff be a sheriff but  only that be take the bind per nomen viscount holt chief justice then you  shall have plead the statute a and that matter and now you be too late and  judgement be affirm b
case jones against the bishop OF Llandaff prohibition to the spiritual court  on suit there to deprive a chancellor prohibition grant to the spiritual court  because the bishop article against his chancellor for insufficiency and other  misdemeanour and pray that he may be deprive which they have no power to do  and they deny sutton case a to be law a Yelv a cro car S c godb S c latch S c  Noy S c palm S c light Rep modern report er p
case jones against the earl OF bath the court will not put off a trial at bar  on the absence of a witness a trial at bar be appoint in this cause on  Wednesday the twelve of November and the day before the trial the plaintiff  move to put it off because he want a witness to prove a deed the court deny  the motion thereupon the next day the attorney refuse to bring in the writ it  be only a contrivance of he to prevent a nonsuit but the court order the roll  to be bring in that they may take notice there be such a writ and the counsel  of the defendant inform they that chief justice hale have commit a attorney  for the like practice which be likewise do now
case jones against wait a recovery of land lie within a liberty be good  although they lie in two distinct town within the liberty S C Mod under the  name of lever v Hosler post vent vent Freem cro James cro car Com dig Bac ab  cruise on fine cruise on recov will Cowp ejectment Shrewsbury and cotton be  town adjoin sir Samuel Jones be tenant in tail of land in both town Shrewsbury  old woman cogon be both within the liberty of the town of Shrewsbury sir  Samuel Jones suffer a common recovery of all his land in both will but the  praecipe be of two message and close thereunto belong these be in Shrewsbury  and of c mention those in cotton lie and be in the will of Shrewsbury and the  liberty thereof the question be whether by this recovery the land lie in  cotton which be a distinct will of itself not name in the recovery pass or not  sergeant Jones argue against the recovery and he cite the case of 41onk v  buller a cro James roll Rep a and Fadeley veaston b cro car godb Jones l b the  writ of covenant he say upon which a fine modern er p be levy be a personal  action but a common recovery be a real action and the land itself demand in  the praecipe there be no precedent be say of such a recovery he cite the case  of baker v Johnson c Hutton c which he say be a case in point and resolve for  he but the court be all of opinion that the land in cotton pass and give  judgement accord Ellis justice say if the recovery be erroneous at least they  ought to allow of it till it be reverse
case jones against Willson if a administrator declare on two count one on a  promise to the intestate the other to himself as administrator and be nonsuit  he shall pay cost for the whole a action be bring by a administrator and he  declare upon two count one upon a promise to the intestate in his lifetime the  other upon a promise to the plaintiff himself and name himself administrator  in both and upon the trial the plaintiff be nonsuit the question be whether he  shall pay cost Powell justice holt chief justice absent say that these two  count can not be join a see accord Tate v whiting ante Hooker v quilter will S  c stram Petrie v hannay term Rep Jennings v Newman term Rep a and if a entire  judgement have be give judgement shall have be arrest but it be a question  whether it may not have be make good by take judgement upon one count only b  see mason v Jackson lev Athee v hear cro car Harris v hannay b r h Tate v  whiling ante b but in this case the modern report plaintiff must pay cost c  cockeril v Kynaston term Rep c because the nonsuit go to the whole and so it  be rule by Powell powys and gold justice
case jones BOUGETT march the that a person aggrieve by or interest in a  sentencein the ecclesiastical court may have a commission of delegate though  lie be no party to the original suit Mr Bougett institute a suit in the  ecclesiastical court upon a contract of marriage against mrs Ann Jubert who  pen that suit intermarry with the appellant a sentence be pronounce in favour  of the contract a child of that marriage be bear and the wife be dead Mr Jones  who with the child be very much interest in this sentence though no party to  the original suit petition for a commission of delegate to review the sentence  on the statute of the Henry upon cite several authority from the canon and  ecclesiastical law where person aggrieve by and interest in a sentence may  have a commission of delegate to review though no party to the original suit a  commission be direct
case jones vers Moseley in b r vide above p and the case there cite deed to  lead the use of fine the case before mention be now argue by Mr Broderick for  the plaintiff and by Mr web for the defendant and Broderick insist that the  indenture of the saint of January although it may not be good as a indenture  yet may be take as a deed poll and be sufficient to declare the use of the  fine which not be levy pursuant to the indenture of the that of January but be  variant from it in the circumstance of time any other deed or averment be  sufficient to declare the use thereof which for that reason shall be govern  here by the deed of the saint of January web on the other side say that the  deed of the saint of January be between husband and wife be void for the  husband can make a covenant with his wife and be void as a indenture it can be  take as a deed poll but he think that the principal point in this case be  whether the indenture comens of the that of January be not sufficient to  govern the use of this fine the indenture recite that whereas a fine have be  acknowledge c the say party shall levy the say fine of such and such land next  Hilary term and the fine be levy of the same parcel and between the same party  the same Hilary term for the indenture bear date within Hilary term which  begin on the d of January then it be to be consider whether the word next  Hilary term shall be intend of Hilary term next after the caption of the fine  or of Hilary term next after the date of the indenture the most benign  construction in this case ought to be make ut res to greater extent to be  strong c and as the word next may be apply either to the caption of the fine  or to the date of the indenture it ought to be apply here to the caption of  the fine forasmuch as by such application the whole conveyance will be good  but otherwise it will be destroy comens de term sanct hill will III in b r
case jones versus basset Eq Abr c S c treatise on plead in can by the infant  come of age administration durante those inferior in rank tate cease and suit  by such administration be thereby determine so that the infant can go on  therewith but must begin anew unless a decree to account be have in which case  the infant on a bill bring for that purpose may be allow to go on therewith a  person who be administrator durante those inferior in rank tate of two infant  and entitle to a share of the intestate estate in his own right bring a bill  for a discovery and account and proceed so far as to examination of witness  and then get his own share and let the suit drop precedent in chancery after  the infant come of age it be move to have the benefit of these proceed and to  carry on the cause my Lord keeper think it reasonable if it can be do that  they may not be turn round to begin all anew but think the suit quite dead and  at a end by the infant come of age whereby the administration durante those  inferior in rank tate determine and ask the bar if any such thing have ever be  do it be answer that the like have be do once by my Lord chancellor summer in  the case of Davis versus Davis where a administrator durante those inferior in  rank tate proceed to a decree and account before the master and then the  infant come of age and pray it be allow to go on though much oppose but here  it will not be grant for davis case have proceed to a decree and though the  plaintiff there be administrator durante those inferior in rank tate yet it be  cum testament fastening which by he make some difference and the infant there  have bring a bill to have the benefit of the say proceed and offer to be bind  by they
case jones versus jones easter term see Wilkinson v folk l I Ch SC ante Semb  if the objection by the defendant in the original cause for want of party to  the supplemental be not make in the first instance it be too late to do it  when the cause come on again where it be put off only for want of formal party  in order that the decree may be complete this cause come before Lord Hardwicke  upon the equity reserve a objection be start that the plaintiff have not make  the defendant in the original bill party to a supplemental bill bring after a  decree in the original cause Lord chancellor overrule the objection a  supplemental bill proper so fail be a bill bring for any new matter arise  since the fill the original bill brown v Higden atk and before the original  come to a hear and there the defendant to the original ought to have be make  party to the supplemental bill but when the cause come to be hear if the  objection by the defendant in the original cause for want of proper party to  the supplemental be not make in the first instance Llewellyn v Mackworth atk  it will be too late to make the objection when the cause come on again if it  be put off only for want of formal party by the court in order that the decree  may be complete in a decree to account if during the account any party shall  die and a devisee of that party or any other formal party as trustee which be  the present case shall be want a bill to bring they before the court be not in  the strict sense of the word a supplemental bill but rather a supplemental  bill in the nature of a bill of revivor and to such a bill it be not necessary  to make the defendant in the original bill party nor when the pause come on to  be reheard can those defendant object for want of party
case Jonson against mere what come after scilicet if repugnant may be reject  cro James price and market price be the same in this case it be resolve where  a scilicet come and the matter have be well without allege what come after the  scilicet there if what come after it be repugnant to what come before it shall  be reject as here a modern report agreement be between the plaintiff and  defendant that the defendant shall send he so much of the best indigo by the  first ship that shall come within two month after his arrival at Jamaica and  in allege breach it be lie that such a ship come from thence within two month  scilicet such a day which day be after the two month there what come after the  scilicet be unnecessary and also repugnant it shall be reject so in ejectment  if one declare of a lease make such a day and that postea scilicet such a day  which in truth be before the day mention in the lease a second that price and  market price of a thing be the same for that be the price of anything for  which it can be sell
case jordan against CLEABOURNE easter term Elizabeth roll the same exact  description be not necessary in a ejectment as in a prCeci e but it will not  lie for land by any description without show the numher of acre say vide ante  post lie lev palm cro car more Owen   salk ld ray Str b r h burr Bac ab dougl  Cowp ejection firm of the three part of a close call Gatehouse close after  verdict for the plaintiff it be allege in arrest of judgement that a ejection  firmce lie not of a close although a name he give to it for it be in the  nature of a praecipe of land which ought to be of a certain numher of acre  Popbam and gawdy it be but a personal action and a trespass in its nature and  although a hahere fac possession lie upon it yet a name be give to the close  the sheriff may well take cognizance of it and in Elizabeth it be so adjudge  Clench and Fenner contra for all the precedent be that it shall he demand by a  certain numher of acre el adjourn in the same term in palmer v Burgundy which  be enter Trinity Elizabeth roll a ejection firm e be of a garden call minchin  garden of a meadow call dale meadow andof a piece of land call minchin piece  and be find for he plaintiff it be move in arrest of judgement that a ejection  firmce lie not of a piece of land without show the numher of acre vide Henry  pl Edward brief Heil pl and adjudge that the ejection firmm be well bring but  upon a writ of error the judgement for this cause be reversed Nota easter  Elizabeth roll in pen man will ejedione loyal de un virgald terrce adjudge in  the exchequerchamber that itlieth not
case jordan against Fawcett in debt against a executor a plea of judgement  recover and no asset ultra without allege in what court and the time when be  have on general demurrer S C side a S C vent S C keb error of a judgement in  the common plea a action of debt be bring in the common plea against a  executor who plead several judgement but for the last judgement that he plead  he do not express where it be enter nor when obtain to which plea the  plaintiff demurrer and bad judgement Coleman hold it well enough upon a  general demurrer Twisden justice it be not good for by this plea the plaintiff  be tie up to plead nothing but nul tiel record he may if the judgement have be  plead as it ought to have be have plead perhaps obtent perf raudem the  judgement be accord affirm
case jordan against jordan the promise in a assumpsit must he to the plaintiff  himself and not to a three person and the declaration must show how the debt  grow due I roll ab post assumpsit and declare whereas he sue a writ of latitat  against the defendant intend to sue he for a debt of forty pound direct to the  sheriff of wilts and deliver it to I S to procure a warrant from the sheriff  to arrest the defendant and I S accord obtain a warrant that the defendant in  consideration the say I S will forbear to arrest he assume to I S to appear in  the queen hench at the day contain in the writ or to pay the debt and for  nonperformance of this promise he bring the action the defendant plead non  assumpsit and find against he and it be now allege in arrest of judgement  because he do not show how the debt grow due nor in facto that there be any  such debt due second because he declare of a promise make to I S and not to  himself and for this cause principal it be hold to he ill and adjudge for the  defendant croak Elizabeth er p
case jordan against lyster in a action for call a merchant a bankrupt qubd to  be mercator per magnum tempas be sufficient post cro car cro James Bac ab  action for word what art thou a bankrupt and waste a bankrupt after verdict  coke move in arrest of judgement that the declaration be uld m to be mercator  per magnum time c but say not he be I a merchant at the time of the speak the  word and therefore the declaration be insufficient and the word here be  interrogative and not direct but the court hell the declaration to he oh d be  allege that hemasper magnum tem put a merchant c and that his answer to the  interrogation be adirect affirmance but they will advice c
case jordan against martin easter term car roll if a landlord seize cattle for  a henot or distrain they for rend he need not show that they be levant el  couchant S C keb show sand sand   light post Nels Lutw to Prec in Ch ld ray  exception be take to a avowry for a rentcharge that the avowant have distrain  the beast of a stranger for his rend do not say that they be levant el  couchant Coleman the beast of a stranger be not liable to a distress unless  they be levant et couchant roll distress reignolds case Twisden justice where  there be a custom for the lord to seize the best beast for a henot and the  lord do seize the best beast upon the tenancy it must come on the other side  to show that it be not the tenant beast Kelynge chief justice the cattle of a  stranger can be distrain unless they be levant el couchant but it must come on  the other side to show that they be not so the court therefore give judgement  for the defendant a it be say S C keb that judgement be give for the plaintiff  a
case jordan against Powell easter term James roll the statute James c may be  plead to a general indebitatus assumpsit but not to a special promise or to a  accuse computasset SC Carth SC comb case for labour and work as a attorney in  suit and for money lie out c and a accuse computasset c the defendant plead  the statute James c a and that no bill or note have be deliver under band the  plaintiff demurrer and urge that in special action of the case such plea be  ill and so be eveling v Lavermore Allen shower KB unless debt or indebitatus  general be bring but a accuse computasset be out of the statute and ill and  therefore ill as to the whole judgement for the plaintiff b
case jordan against THOMKINS Indebitatus assumpsit lie for diet find for a  three person indebitatus assumpsit for meat drink and lodging find for a three  person it be move in arrest of judgement that indebitatus assumpsit will not  lie but that it ought to have be a special action upon the case but per curian  it lie against he upon the contract as if a desire b to cure the horse of c  and that be a will pay he so much a indebitatus will lie against a and only  against he but they agree that it will not lie for money win at play but a  special assumpsit and the the plaintiff have judgement
case joseph versus mott Eq c S c salk case tempt Talb S c cite ib S p l wms  wms and n post brown parliament case a decree in chancery against a executor  prefer to a judgement all law against he be prior in time a man make his will  and die indebt to several person by bind more than his personal estate will  pay a bind creditor of the testator bring a bill against the executor to have  a discovery and account of the personal estate and a satisfaction of his debt  at the hear the executor make default so there be a decree against he for a  account and satisfaction out of the asset nisi c before the decree be make  absolute another bind creditor of the testator bring a action of debt at law  against the executor upon a bind he appear and because he can not plead this  decree at law suffer judgement to go against he by default and the account be  carry on before the master the question before he be whether he shall allow  this judgement on the account and he be in doubt report the matter special to  the court for their direction the master of the roll be of opinion that the  decree must be prefer and it come now to be reheard before my Lord chancellor  he be of the same opinion de boundary S HILLARII in curian porter
case Josselyn against lacier a bill require the drawee to pay so much out of  the grow subsistence of the drawer be not a bill of exchange and a promise to  pay it secundum course bill will not support a action S c ante S c fort stram  will Parker chief justice deliver the opinion of the court in this case two  point be considerable first whether this be a good bill of exchange we be all  of opinion that it be not a bill within the custom of merchant it concern  neither trade nor credit it be to be pay out of the grow subsistence of the  drawer if the party die or his subsistence be take away it be not to be pay  modern report it may be never pay and yet his credit unimpeached it be not  Payable to order nor for value receive it do not appear whether the party that  be to receive it be to receive it upon account of a former debt or be to  receive a bounty as to the second point videlicet whether if the bill by  custom of merchant be not a good bill of exchange it may not be support by the  promise all of we be of opinion that it can for as to that matter it stand  thus quorum prmissorum ration c and in consideration ind he promise to pay c  the word ind plain refer to the bill as support by the custom and consequent  if that fail the consideration must do so too the judgement be reverse modern  report michaelmas term the second of George the first in the king bench sir  Thomas Parker Knt chief justice sir Littleton powys Knt sir Robert Eyre Knt  sir John Pratt Knt justice sir Edward Northey Knt attorneygeneral John  fortescue aland Esq solicitor general
case jourdan case information for a rescue in the park information be file  against Jourdan a ensign of the guard for rescue one arrest by a chief justice  warrant in the park
case JURDAIN aqainst steer a b and c be joint tenant for year c let we her  part to b and then a and b join in a lease for year of the entire land queen  if a declaration in ejectment can be maintain on this lease post   light b a  Owen more Leon will Cowp ejectment upon a lease by Richard Blackalley and  Christopher Blackalley for three year of the entire land upon not guilty plead  the case by the evidence be discover to be that Christopher and Richard  Blackalley and one Waltham daughter to Richard be jointtenants for year  Waltham let her part to Christopher afterward Christopher and Richard join in  this lease to the plaintiff and he declare upon a joint lease by both and  whether this declaration be good be the question Fleming chief baron before  who it be try by nisi prius in the county of Devon rule that the declaration  be well maintain by this lease but notwithstanding to satisfy the defendant  counsel he cause the case to be draw up by the counsel on each side in order  that it shall be move to the court of king bench where the case depend and if  they doubt thereof then the record shall not be certify the jury give their  verdict accord to his opinion for the plaintiff and now this matter be move  Popham and Fenner hold that this lease well warrant the declaration for upon  the matter they both let the entire and upon this general count it be good but  Yelverton and William contra because the court suppose that both let the  entire as jointtenants for so it be intend by the general count which appear  to be false for they two let two part joint and the one of they have a three  part as tenant in common let that only and so the declaration ought to have  show the truth and the special matter and because it be difficult they use in  such case to make a lease and the lessee to make a second lease and the second  lessee to declare general and so all the matter shall come in evidence  wherefore adjournatur
case justice Fenner against fisher trespass may he maintain without show title  and therefore though the plea confess and avoid the plaintiff title it be  sufficient if the replication traverse or deny the matter allege by the  defendant ante post   a cro James Fost stram trespass the defendant justify  for that Jo wright be seize in fee and let to he for year that the plaintiff  claim by colour of a deed of feoff where nothing pass enter c the plaintiff  reply by protestation that wright be not seize in fee pro plea say quod non to  send down upon this issue be join and find for the plaintiff it be now move in  arrest of judgement that the plaintiff have not make any title to himself in  his replication but all the justice hold it good enough for in this action a  man need not make any title to himself but otherwise in a assize or other real  action also by the defendant plea that the plaintiff enter by colour of a deed  of feoff in that he do admit he to he tenant at will whiA be not destroy and  it be adjudge for the plaintiff v Edward Edward Edward trespass
case justice williams against vaughan the issue of the capias against the  principal need not be recite in to know facias against bail but the time of  his death must be show post more Poph Lut Mod Bac Abr Bac Abr to Rep to know  facias against the defendant as bail for one Gouch the to know facias recite  that judgement be give against Gouch in debt and that he have not pay the  condemnation nor render himself to the Marshalsea accord to the bail the  defendant plead that the principal be dead before the to know facias bring and  thereupon the plaintiff demurrer because he allege not when he die nor that he  die before the capias award against he the whole court for this cause hold the  plea to be ill and although exception be take to the writ of to know facias  because it be not mention therein that the capias be award yet it be hold to  be good enough and the clerk say their course be oftentimes to omit it in the  to know facias and the court hold that the course of recite or omit it be good  enough for it be not of necessity to be recite a post b see the opinion of sir  Orlando Bridgman chief justice oh b mich term car in goodin v Wakefield side  con and Mr justice buller nisi prius p say I be strong incline to think that  in these day the court will in support of the action hold the case of Adam v  goose to be good law  By and car c after verdict judgement shall not be stay  or reverse for a mistake of the day month or year when the right day month or  year be once true allege in the declaration croak James er p
case juxon ux vers Naylor in b r amendment where it shall be side salk latch  barn Richard bring king b Com dig ld raym ld raym burr burr Cromp bring a  become facias bear testae on a day out of term and whether it be amendable or  not be the question and it be grant that a writ of enquiry be amendable godb  for there be the roll by which it may be amend comens so a venire facias cro  James Yelv more hard infra p a c for there be a award by which it may be amend  and in the present case the court will amend the become facias if it can but  there be no award upon the roll for the become facias by which the amendment  can be make rule in this case appear to be that the process which have not the  roll for warrant the amendment can be amend Com dig title amendment c term Rep
case juxon versus brian my Lord keeper declare his opinion in this case  without debate that where land be devise to trustee to raise money for several  purpose and they raise the money out of the profit the land be thereby  discharge and the person concern must resort to the trustee
case ka GEANES against portman the consent of one jointtenant that the other  shall occupy and take the profit of the land to his own use be a lease at will    light a the case upon special verdict be I Geanes the husband of the  plaintiff and t g be jointtenants for life the reversion to h Portman I Geanes  by the assent of t g occupy the land alone and take the profit alone to his  own use and sow the land to his own use and make the plaintiff his executor  and die and afterward t g make his wife executrix and die she sell the corn to  the defendant who take it and the plaintiff bring trespass croak Elizabeth  upon motion all the court agree for the plaintiff for by this assent that I g  alone shall occupy the land and take the profit to his own use this do amount  to a lease at will which one jointtenant may make to the other so the  plaintiff have good title but if he have say to his companion I will not  occupy it this have not been material for he do not by this assent that his  companion shall have all nor give anything by this to his companion
case KAMPSHIRE versus young march the court of king bench be the proper court  to examine into the partiality of the arbitrator as the award be make a rule  of court there which the plaintiff may have do by show cause why the rule for  a attachment on the nonperformance of the award shall not be make absolute a  award be make a rule of the court of king bench accord to a submission for  that purpose and a attachment have be grant for not obey the award the  plaintiff here have bring a bill suggest fraud and corruption in the  arbitrator and pray that the award may be set aside the defendant plead the  award in bar to the plaintiff bill and insist it be a fair and just award Lord  chancellor say to the plaintiff counsel why do you not proceed in the court of  king bench the proper court to examine into the partiality and corruption of  arbitrator which you may have do by show cause why the rule for a attachment  on the nonperformance of the award shall not be make absolute I remember say  his lordship but one instance in this court of a bill bring for this purpose  which be in the case of John ware SC Ves state from the register book see also  Chicot v Lequesne Ves Alardes v Campbell atkins er p bunb Lingood v croucher  post Metcalfe v Ives ante vol note but as the answer of the defendant to this  bill be very lose and general and there be a express submission to amend any  error which the arbitrator may have make inrespect to the mutual account  deliver in to they by the party let the plea stand for a answer with liberty  to except
case keat against barker a plaintiff since Henry c can discontinue or be  nonsuit after verdict as he may at commonlaw a action be bring against the  defendant for six year wage due to the plaintiff for his salary be a steward  there be a verdict for the plaintiff at the assize in Berkshire and only seven  pound damage give it be move to discontinue the action and that the postea may  not be bring in say non allocatur for after a general verdict the court will  not suffer the plaintiff to discontinue his action it have be allow after a  special verdict and a argument at bar earl of Oxford v Waterham cro car a so  likewise after a join in demurrer but not after argue such demurrerLord howard  case side Robinson v Banbrough side but on special circumstance and payment of  cost the court will permit a discontinuance after demurrer argue Jones v pope  side SC sand b but the statute Henry c ordain that after verdict a plaintiff  shall not be nonsuit which be otherwise at commonlaw for if he do not like his  damage he may be nonsuit modern er p
case keat versus allen Lord keeper Oct Eq can ab pl pre Ch case anon S c bind  give to the wife father in order to obtain his consent to the marriage of his  daughter to repay part of the portion if the daughter die without issue where  the daughter be entitle to her portion by a collateral ancestor bind set aside  as a marriage brocage bind the plaintiff keat on his marriage with the  defendant daughter with who he receive one thousand two hundred pound as a  marriageportion be oblige by the defendant in order to obtain his consent to  his daughter marriage to give bind to pay the defendant two hundred pound to  the use of the defendant son if the plaintiff wife die without issue or the  issue if female die before eighteen or marriage if male before twentyone and  the wife be dead without issue the bill be to be relieve against that bind as  undue obtain the pound portion be give to the plaintiff wife by a aunt and as  the father give her no portion there be no reason for he to require or exact  such bind upon the contingency before mention the plaintiff enter into a  recognizance in the nature of a statute staple to the defendant in the penalty  of pound for secure payment of pound to the say defendant daughter or to the  issue of her body lawful beget by the plaintiff if she or any of they shall  survive the plaintiff r l per cur it be in nature of a Brocagebond and decree  it to be deliver up to be cancel and the defendant to refund what have be pay  for interest but without cost unless the defendant delay to perform the decree  and in such case to pay cost Reg lib a fol note the reason of the decree do  not appear vide on this point Drury v hook ante Vol and case cite in not there
case keel against morris the administrator of the assignee of a lease be  liable for a breach of the covenant to repair although the assign of the  lessee be not mention in the covenant for it run with the land post covenant  against the administrator of the assignee of a term general in his own name  upon a covenant in the original demise to repair and a breach in his time and  agree that this covenant run with the land and bind the possessor without the  word assign   and dean and chapter of Windsor case more cro Jo and he shall  not say I shall not be charge for my own wrong for want of asset for it be his  own act to administer and he be presume to have know the covenant annex to the  lease as well as executor under pain of devastavit be oblige to take notice of  their testator debt by bind and give preference of payment to they and be may  have discharge himself by assign over before breach and by the same reason  that he shall be charge for the rend de good Tropriis so he ought here for the  damage Inst a executor or administrator shall be punish for waste whether  voluntary or permissive though Triple damage be recoverable in it and    hargrave case Allen and judgement be give for the plaintiff nisi before the  end of the term
case keen against cope Hilary term Elizabeth roll a lease by tenant in tail  for three life pursuant Henry c with collateral warranty do not make a  discontinuance or bar the entry in remainder   light Noy Vaugh   a dyer b in  marge more Com dig Bac Abr Cowp dougl term Rep what shall he a warranty for  the feoff life only   light ejection firm a special verdict be find that  though Jennings be tenant in tail remainder to John Jennings though Jennings  the first tenant in tail make a lease to the defendant and two other for their  life accord to the Henry c with warranty a and die without issue John Jennings  in the remainder be his brother and heir who enter and let to the plaintiff  for year upon who the defendant enter and eject he el si c the sole question  be whether this warranty shall bar he in the remainder to enter or not for the  lease not be a discontinuance be warrant by the statute determine by his die  without issue and it can bind he in remainder for he can have the rend reserve  and then the estate be determine and the warranty with the estate and it shall  not bar he in the remainder wherefore it be adjudge for the plaintiff note the  lessor do not warrant it for he and his heir but ro reddituprcedicto he  warrant it against he and his heir and for this cause also it be hold that it  be a warranty for his life and be determine by his death
case Kellan against MANESBY a action lie for say thou art a thief and have  steal my corn and may be allege to be speak of the plaintiff in present time c  without say in audits c vide post Noy cro Elizabeth cro car lev Com dig ld ray  Cowp action for word for that the defendant on the first of January Elizabeth  in present time et hearing quamplurimorum to put under domini king speak these  word of the plaintiff thou art a thief and have steal my corn after verdict it  be move in arrest of judgement that the declaration be not good because the  speak be allege to be Elizabeth in present time to put under domini king who  peradventure none of they understand those word and otherwise it be not any  slander Sed non allocatur for those word be but of form in a declaration and  not material if they have be altogether leave out and it shall not be intend  but that they well understand the word second that the declaration he speak  those word of the plaintiff thou art a thief c appear to be ill for they be  speak to the plaintiff and not of the plaintiff say non allocatur for be speak  to the plaintiff they be speak of he and be all one three it be move that for  these word a action lie not because it may be he steal his stand corn which be  not felony nor cause of action as if he have say thou art a thief croak throw  for thou have steal my apple a action lie not for it shall be intend of apple  grow a but it be hold that the word be actionable for steal corn be intend  reap corn and in the worst sense wherefore it be adjudge for the plaintiff
case KELLEND against white Trinity term car roll in ejectment if the defendant  plead a prior title by devise and descent and that he be seize of the land  until the plaintiff seize he a replication confess the seize but plead a fine  in bar without answer the seize be bad ante Jones r Cr ejectment of a lease  make by John Arundel to the plaintiff the defendant plead that long time  before the lessor have any thing to do I white grandfather croak car er p of  the defendant be seize in fee of that land hold in soccage and devise it to t  white his son the defendant father in tail who enter and die seize which  descend to the defendant whereupon he enter and be seize in tail until the say  John Arundel enter upon he and seize he and let to the plaintiff the plaintiff  confess the seize of I white and the devise in tail but plead a fine with  proclamation to bar this entail and convey title to the lessor of the  plaintiff and upon this plea the defendant demurrer Maynard show the cause to  be because the seize be the material part of the bar and the entail be but a  inducement thereto and therefore he ought to confess and avoid the seize  allege or traverse it roll for the plaintiff maintain the replication because  it convey a special estate to the defendant and a descent thereby and it  suffice to avoid that entail allege and in proof thereof he rely upon Heliars  case   but all the court absent Brampston hold that this replication be  vicious for it be but argumentative and be no express confession and avoidance  and it ought to answer the material part of the bar which be the seize and he  ought not to answer unto it by argument and it be not like Heliars case for  there both claim the same term which can be gain by any unless by grant and  there entitle himself by a former grant from the same person by who the  defendant claim it be a good confession and avoidance of the last assignment  whereupon it be here adjudge for the defendant
case Kelley versus berry Lord chancellor moon Feb Eq can ab pl S c a  remainderman in tail in a voluntary settlement bring a bill for the discovery  of the deed and it appear the entail be discontinue the court will not relieve  he post case the plaintiff be a remainderman in tail in a voluntary settlement  and the bill be for discovery of the deed but it appear to the court that the  entail be discontinue the court will not relieve the plaintiff there be mere a  entry of dismissal without cost Reg lib a fol so bounce v Phillips post
case Kelsall v bennet march the that a devise the estate in question to b in  tail remainder to c in fee the bill bring by the heir of the body of b for  deed and write and possession the defendant plead he be a purchaser for a  valuable consideration from c and have no notice of plaintiff title where  defendant claim under a conveyance in which there be a estate tail prior to  the estate under which he purchase it be incumbent on he to see if that estate  be spend and therefore overrule the plea the bill set forth that a make his  will in which he devise the estate in question to b in tail remainder to c in  fee and be bring by the heir of the body of b against the defendant for deed  and write and to have possession of the estate the defendant plead that he be  a purchaser for a valuable consideration from c that the plaintiff father live  in Virginia at the time of the purchase that c be in possession of this estate  and that he have no notice of the plaintiff title for that c at the time of  the purchase make affidavit that b be dead abroad without issue and therefore  insist he be a purchaser without notice who may protect himself by plea atkins  Mr attorney general for the plaintiff both party claim under one will and it  appear by the plea that the defendant know the plaintiff father be alive or  that the plaintiff himself if there be such a person must of course be entitle  beside it be a denial only of the knowledge of the plaintiff be in be not of  his title which they be bind to take notice of at their peril Lord chancellor  if the defendant claim under a conveyance where there be a estate tail prior  to the estate under which he purchase it be incumbent on he to see if that  estate be spend the question here be therefore whether a purchaser can protect  himself by plea without denial of notice of the plaintiff title denial of  notice be what give he power of protect himself by plea plea overrule
case kelsock against Nicholson Michaelmas term pound Elizabeth roll if one of  two executor deliver a bind due to the testator to a stranger in satisfaction  of his own debt the survive executor can recover it back by detinue Noy dyer  roll Abr more dyer Bac Abr in note detinue of a obligation a special verdict  be find that the plaintiff and one ji Stephenson as executor to I S have a  obligation wherein a b be oblige unto their testator in Stephenson one of the  executor in satisfaction of his proper debt to the defendant by word only  devoted to el deliheravit that obligation to the defendant and die the  plaintiff be survive executor bring of detinue for this obligation Qucere for  the justice do not give any great opinion therein but seem to he divide a
case kemp against andrews Jointenancy must be plead in abatement and not in  bar S c lev S c show S c Carth S c salk S c holt S c ray in trover the  plaintiff declare that n I S and himself be possess that the other die and  that the good come to the defendant hand c the defendant plead that they be  joint merchant and no survivor by law among they and so pray the plaintiff as  to the joint good may be bar demurrer and judgement for the plaintiff for  though no survivor a   light a a yet the plaintiff have right to a purpart and  jointtenancy ought to be plead in abatement and not in bar
case kemp against barnard Hilary term car roll a lease for year of crown land  under the Exchequerseal be good post ante roll ab cro James   b I and Com dig  upon a special verdict the question be whether a lease by the king under the  Exchequerseal of land usual demise to one for life remainder for life  remainder to a three for life reserve the usual rend shall be good or not  Maynard for the defendant very much urge that it can not be but under the  great seal for a freehold can pass from the king but by patent under the great  seal but all the justice hold that lease for life under the Exchequerseal be  of land usual lease and reserve the ancient rend be Allowable and good for the  king benefit that his land shall not lie unletten and Jones affirm that all  the baron of the exchequer say that it be their course to demise as well for  life as for year and it have always be so allow and of their course there this  court shall take conusance as it be in lane case a and for this cause rule be  give that judgement shall be enter accord unless c
case Kempton against BARTELLS judgement reverse for the want of the word cum  other being under oath in the entry of a tale on the record ante Yelv Com dig  error in the exchequer Chamber of a judgement in the king bench the error  assign for that in trespass the party be at issue and try by nisi prius the  record be enter in this manner ad who diem c I S I d c of the principal pannel  to come et being under oath exist et because remaining do not appear c W n I n  c de to make new to put at who ad reality de infracontent dainties triati et  being under oath to say super sacrament suum c omit these usual word simul cum  other juratoribus primus impanellat and for this cause it be a verdict only  give by those of the tale and not by those with who they be swear and all the  judge and baron be of this opinion wherefore it be reverse croak James er p
case ken against a record in trespass way et arms be not remove by a writ of  error on a judgement in trespass on the case error of a judgement in trespass  way et arms in the common plea and the writ be of a judgement in a plea of  trespass upon the case per curian it be no good writ to remove the record for  though trespass general and upon the case may be lie way et arms yet there be  very great diversity between their nature the one be ground upon the very  unlawful act the other upon the whole circumstance of the case modern er p but  it be agree that if right instruction have be give to the officer who make out  the writ and that be make out by affidavit they will amend by the statute of  Henry c S and per curian the defendant can move to quash the writ until it be  enter on the roll and be appear to it and the writ be quash nisi
case ken versus Bridgman Eq Abr c S c c S c a matter examinable and already  determine at law yet equity may give relief in it a recover a judgement  against the defendant father and the plaintiff the sheriff bailiff levy pound  of good in the possession of the defendant father the defendant bring trover  against the plaintiff pretend the good be his because the landlord have seize  they for rend and sell they to he but on evidence the sale be prove fraudulent  and that the father be in possession all along and pay tax for the farm and  good c and therefore the judge give direction to the jury to find for the  defendant at law but because he have not prove a copy of the judgement as it  be hold he ought for that only reason the jury find against he and now he  bring this bill for relief and a demurrer to a on argue be overrule then by  answer he insist on his property under the bill of sale and recovery at law  where the matter be proper triable and rely on that without examine any  witness but the plaintiff full prove his case as before and that the judge  alter his direction only for want of proof of the judgement and disprove the  precedent in chancery defendant answer in some particular and a perpetual  injunction be grant against the judgement and the defendant to pay cost for  though it be examinable at law so it be in equity and the plaintiff have set  out the whole matter and prove it to be true if it be true the defendant may  have disprove it precedent in chancery er p
case Kendrick against BARTLAND continuando lie after a nuisance abate yet  damage shall be recover for what be do before S C Freem side cro James Mod Mod  stram ld ray the plaintiff bring a action on the case for stop the water go to  his mill with a continuando c the defendant plead that the stop be contra will  and that tali die which be between the first and the last day lie in the  conlinuando the plaintiff himself have abate the nuisance and so he have no  cause of action to this plea the plaintiff demurrer baldwin sergeant who argue  to maintain the plea do not rely upon that part of it where the defendant say  that the stop of the water be involuntary because he do the thing it can not  be contra will but the question will be whether the plaintiff have any cause  of action to recover damage after the abatement of the nuisance and he say  that he have abate it before the action bring and count for damage after the  abatement for which he have no cause of action and this he have confess by his  demurrer but the court be of opinion that it be not a good plea and take this  difference between a qubd permittal or a assize for a nuisance and a action on  the case for the same for the end of a qubd to let pass or a assize be to  abate the nuisance but the end of a action on the case be to recover damage  therefore though the nuisance be remove the plaintiff be entitle to his damage  that accrue before and it be usual in action of this nature to lie the  continuando for long time than the plaintiff can prove but he shall have  damage for what he can prove and so here he shall recover the damage which he  sustain before the abatement and thereupon judgement be give for the plaintiff  modern er p
case kenn against drake a information on Elizabeth c shall be sue in the  county where the offence be commit post hob cro car Ven Com dig hawk stram  Cowp in point information on the Elizabeth c because he use the trade of a  spurrier in London not have be apprentice in that trade b the space of seven  year after verdict exception be take because by the Elizabeth c S the  information ought to have be bring before the justice of peace where the  offence be commit and can be bring here nor in other of the king court and of  that opinion be Fenner Yelverton and William but they will advice because it  be a common case and concern many information see James c and Bac Abr a cro  Elizabeth by car c S no lease estate or interest either of freehold or term of  year or any uncertain interest not be copyhold or customary interest of in to  or out of any message manor land tenement or hereditament shall be surrender  unless it be by deed or note in write sign by the party surrender or their  agent lawful authorize by write or by act and operation of law a this case  come on again in Trinity term James and after diverse argument at the bar and  by the bench the judge be unanimous of opinion that the acceptance of the  second lease be not a surrender of the first post croak James er p
case KENSON against read Hilary term Elizabeth roll a exception in a deed of  what have before been express aranted be void ante roll ab hob cro Cat  trespass the case upon a special verdict be the queen have the rectory of  Greenwich to which the manor of d do appertain and grant themper nomen  rectorim and all the land tenement underwood and hereditament to the same  helonging friends are living always el entirely reserve omnibus young fig tree  kind of water fowl el maheremiis de et super prcemissis and if by these word  kind of water fowl the underwood which be before let express be except or not  be the question winter for the plaintiff argue that the underwood be except  foster contra for the underwood be grant by express word can be except no more  in the case of the queen than of a common person for the exception of that  which be express grant be void otherwise it be of a thing that passes only by  implication and here the word young fig extend to kind of water fowl tree c  and so nothing be except but young fig tree c and not the underwood and so be  the opinion of the court that a exception in the queen grant can be of that  which be before express grant and her intent here be apparent by the word  young fig to except only the great wood and it shall he refer as well to the  tree as to the rest and it be adjudge for the defendant a Plowd croak  Elizabeth er p
case KENSY against richardson Trinity term Elizabeth roll plead  Ejectionefirmce the defendant plead that the lessor of the plaintiff be  copyholder in f thou of that land parcel of the manor of h which be in the  queen possession by reason of the wardship of one b and that the lessor  surrender to the use of the defendant in fee who be admit accord and that  afterward the lessor enter upon he and expel he and let it to the  plaintiffprout in the declaration and the defendant reenter as lawful he may c  hereupon the plaintiff demurrer and it be adjudge for the plaintiff that the  plea be ill for there be not any confession and avoidance of the lease allege  by the plaintiff for the action be bring as of a lease of land at the  commonlaw and this plea prove that the land be copyhold land and a copyholder  can make a lease for year unless by custom or by licence of his lord which  ought special to he show and the defendant here have plead a lease by a  intruder upon the queen possession which be not good nor any confession of the  lease allege wherefore it be adjudge for the plaintiff
case KENTICK against PARGITER if the lord of a manor surcharges a stint common  the commoner may justify take the cattle surcharge as damagefesant ante post  SC Yelv SC roll Abr SC Noy ass pl roll ab Yelv   style Lut Lut Freem ld ray Bl  Rep trespass de enclosed space to break in pieces the defendant justify the  take of the cattle damage pheasant pretend a custom that the plaintiff be lord  have the place in which c entire to himself until Lammasday and that afterward  it be common for the tenant so as the plaintiff can then put in three horse  only and because the plaintiff after Lammas have put in more than three horse  the defendant take they damage pheasant issue be join upon the custom and find  for the defendant it be move in arrest of judgement that the defendant can not  take the cattle damage pheasant because he be only a commoner and the place  where be the plaintiff soil so as his own cattle can be damage pheasant upon  his own ground but by Fenner and Wirliams the take the lord cattle damage  pheasant be good for the lord be to be exclude by the custom for all but only  his stint and may well by such a custom be restrain and limit nor have the  commoner any other remedy to preserve their right and benefit in feed their  cattle but by take the lord cattle if he offend the chief justice and  Yelverton doubt thereof for although the commoner have gain by the custom the  sole feed of the lord soil yet they ought not only to have show the custom but  also the usage to have distrain the lord cattle damage pheasant when he exceed  his stint a a see the case of hall v Harding burr Bl Rep croak James er p
case kenton against Wallinger alter a record of the spiritual court be a  offence of temporal cognizance for which a action on the case will lie ante  king I roll Abr f n b action upon the case whereas sentence of excommunication  be against one Harris the instrument whereof be deliver to the defendant be  curate of the parish where the say Harris and plaintiff inhabit to publish in  the church that he malicious have raze out the name of Harris and put in the  plaintiff dame and read it in the church whereupon he be enforce to he absent  from divine service and to he at the expense to procure a discharge for  himself the defendant plead not guilty and find against he and it be move in  arrest of judgement that a action lie not for this matter for it be spiritual  whereof the temporal law take not any regard but the whole court resolve that  the action be maintainable for croak Elizabeth er p although the  excommunication he spiritual and so be the denounce thereof yet the raze and  alteration thereof be mere temporal for which a action well lie at the  commonlaw wherefore it be adjudge for the plaintiff see Henry c and I hale
case Kercheval against smith and other the statute James c and James c give  double cost to churchwarden c do not extend to matter of ecclesiastical  cognizance ante post SC Jones action on the case against they because they be  churchwarden of present the plaintiff falsely et wickedly upon a pretend fame  of incontinency upon not guilty it be find for the defendant and move that  they may have double cost croak car because they be trouble and vex for matter  which do concern their office but it be resolve it be not within the statute  for it be mere ecclesiastical and the maker of the statute never intend to  give double cost but where man be vex concern temporal matter which they shall  do by virtue of their office and not for presentment concern matter of fame
case KERCHEVER against wood venire error of a judgement in the common plea the  error assign be for that in debt upon a obligation payment be plead at oh d  mum mansionalem Redorie de MuchHadham in kertfordid and issue thereupon and a  venire facias be award de vicineto de MuchHadham whereas it ought to have be  de vicineto Rectorice de MuchHadham but all the court absent Popham hold that  MuchHadham be here intend a will and the rectory of MuchHadham and the will of  MuchHadham be all one wherefore the venire facias be well award and the  judgement be affirm vide Henry
case kerry against bower a plaintiff may attach a debt recover in his own hand  ante roll Abr dyer Brownl hearing complaint for that the defendant recover  against he this debt in this court and be in debt to the plaintiff in another  debt he attach it in his own a by Geo c and Geo c all proceed in law be now to  he in English croak Elizabeth er p hand in London and upon this bring the  hearing complaint and it wasclearly hold the hearing complaint do not lie for  the inferior court can fetch this debt out of this court and this debt be not  attachable as it be adjudge in sir John parrot case and execution be award
case kersey against Lovet the entry of the plaintiff in ejectment between the  nisi prius and day in banc do not abate the writ ante lev venire facias error  in the exchequerchamber of a judgement in the king bench in a ejectment a now  by will and mary c S and Ann c S to receive steal good be felony vide hawk p c  b vide post pl croak James er p the error assign be because the plaintiff  himself betwixt the verdict at the nisi prius and the day in banc enter and so  have abate the writ it be thereupon demurrer and now he will not insist upon  that error but move another error not assign because the venire facias be  returnable die loveliness post crast Purific say non allocatur for so it be  always intend and so be all the precedent wherefore it be affirm
case KETSEYS case a lease to a infant be not void but voidable only and if it  be beneficial to he he be liable to a action of debt for the rend reserve post    light roll ab Bulst godb side Bac ab Com dig vern burr dougl debt bring upon  a lease for year for arrear of rend against Richard the defendant in bar plead  infancy at the time of the lease make whereupon the plaintiff demurrer the  sole question be whether a lease make to a infant be void and it be object  that it shall be void because it may be prejudicial to he who have not  sufficient discretion for the manage of the land and the rend may be great  than the value of the land but the court hold it to be voidable only at his  election for if it be for his benefit it shall be no way void but the infant  at his election may make it void by refuse and wave the land before the  rentday come for then no action of debt will lie against he but in the  principal case it be not show that the rend be of great value and the  defendant be of full age before the rentday come therefore it be adjudge for  the plaintiff V sheep law en bro
case key versus bradshaw lord commissioner March April Eq can ab pl S c bind  in common form for payment of money but prove that the agreement be that the  obligor shall marry such a man or shall pay the money due on the bind court  relieve against the bind marriage ought to be free and without compulsion post  case the bill be to be relieve against a bind draw in common form for payment  of money but prove to be make on a agreement that the plaintiff shall either  marry her servant or shall by way of forfeiture pay he the sum of money  mention in the condition of the bind the court decree this bind on debate to  be deliver up to be cancel it be contrary to the nature and design of marriage  which ought to proceed from a free choice and not from any compulsion the case  in the register book state the defendant not as the servant of the plaintiff  but as a person represent himself to the plaintiff as possess of a  considerable estate whereas he afterward appear to be a very poor man and that  in consequence thereof the match break off the defendant have obtain judgement  on the bind on which he be also decree to acknowledge satisfaction Reg lib a  fol cock v Richard Ves Vernon chancery case er p
case KEYLEY against man Trinity term car roll a royal proclamation be not bind  unless it be under the great seal and therefore it ought to be so plead ante  post roll Rep   Inst Com dig covenant for not building of a house where the  defendant covenant that he will erect three house upon such land demise to he  unless he be restrain by the king proclamation c the defendant plead that such  a day and year the king make a proclamation to restrain building the plaintiff  thereupon demurrer and the cause show be because a proclamation be plead and  no place express where the proclamation be make and so no visne if issue shall  have be join thereupon also because it be not plead to have be make sub great  seal England otherwise it be not good and all the court be of this opinion  upon the first motion because a proclamation bind not unless it be under the  croak car great seal and if it be deny there can be no issue thereupon but  only nul tiel record which can be unless he plead it to be sub great seal but  afterward be again move Jones and Whitlock seem to doubt thereof because when  it be plead that such a proclamation be make it shall be intend duly make as  in rescous it be return quod fecit warrantum although it be not plead to be in  write yet it shall be intend but it be thereto answer true it be when it be  but by way of inducement but otherwise when it be the substance of the plea  whereupon it be adjourn a cro James croak car er p
case kid against dr watkinson mandamus for a parishclerk a mandamus be grant  to restore a parishclerk he be elect by the parishioner and displace by the  parson a Reg v wall post and the case there cite and king v churchwarden of  Kingscleer lev Anonymous march Rep a
case kiffin against Willis and crying Euhan a release to one defendant of all  action c will discharge a codefendant in trover S c comb trover be bring  against two defendant one plead not guilty and a verdict against he the other  plead a release of all action c and have a verdict for he modern sir William  William move for judgement against the other defendant who be find guilty but  it be deny because the trover be joint a release of all action discharge both
case Kilbey against WEYBERG attorney one attorney have promise to accept a  declaration from another be compel upon motion and affidavit of the fact to do  it
case Kilbourn against trot a variance in the sum hetween the to know facias  against bail and the record against the principal be fatal error of a  judgement in the common plea in a scirefacias upon bail the error assign  because the action be bring croak Elizabeth for S and the bail be bind in a  reconusance of S accord to the course of the court the judgement be croak  Elizabeth er p against the principal and he not render his body a to know  facias issue against the bail suppose it to he for S d and so mistake the sum  and for this variance it be hold to be a manifest error and not amendable  wherefore it be reverse
case KILDERTON against Wilkenson attachment shall go against undersheriff for  not return a writ a undersheriff return a become to make and a sale set forth  be sue out after two or three rule upon the sheriff to make a return and  failure therein a attachment be grant against he the court declare they never  will grant it against the highsheriff for not return the writ and such a rule  the same term in the like case against the undersheriff of York
case killigrew versus killigrew eoden die Eq can ab pl S c outlawry no bar to  the suit of a executor the bill be to be relieve touch a debt due to the  plaintiff as executor the defendant plead a outlawry of the plaintiff in bar  but the plea be overrule the plaintiff sue in autre law as executor Reg lib a  fol vide   Litt a Bac ab p see Hix ux v Harrison bull caroons case cro car  swan ux v porter hard contra of excommunication for the executor can proceed  in his suit until he be discharge from the excommunication go off ex vo  edition n b the cause be enter in the register book in the name of killigrew v  lady Sayers
case kinaston against more Hilary term car roll trover for money out of a bag  be good after verdict but damage for the conversion only and not for the take  can be give ante post roll ab cro Elizabeth cro James   light b Allen Dany  Savil Clayt Mod stram Com dig Bac ab term Rep error in the exchequer Chamber  of a judgement in the king bench in action of trover and conversion of diverse  good and among other thing of l in money count upon not guilty lead a verdict  be find for the plaintiff and entire damage give the error be assign because  trover and conversion can be of money out of a bag but all the justice and  baron agree that it well lie for although it be allege that money lose can be  know and so whether it be the plaintiff money whereof the trover and  conversion be as be the charge of this action yet the court say it be find by  a jury that be convert the plaintiff money for the lose be but a surmise and  not material for the defendant may take it in the croak car er p presence of  the plaintiff or any other who may give sufficient evidence and although he  take it as a trespass yet the other may charge he in a action upon the case in  a trover if he will the plaintiff have good cause of action wherefore the  judgement before well give be now affirm the justice and baron say that this  action lie as well for money out of a bag as of corn which can be know
case kindler against LEVERSAGE ambiguous word shall he take strong against a  grantor and heneficially for a grantee Plowd Cowp replevin the case be a seize  of the land make a lease at will render six pound per annum and by another  deed recite this again he grant the same redditumb to the defendant for his  life the lease at will determine the question be if the grantee shall have  this rend for his life accord to the word of the grant?and resolve he shall  for the same shall he take for ankle videlicet the same in specie videlicet  six pound per annum as in the queen patent of a grant of easden lihertates to  Islington quas London c this be not the same but tale lihertates and it be  afterward adjudge for the avowant that the rend shall continue during his life
case king against bag Trinity term James roll in the exchequer Chamber  judgement in slander reverse because the word do not import felony vide SC  ante cro car cro Elizabeth post error of a judgement in the king bench in  action for word Mr I d be rob of forty pound and a hundred mark worth of plate  and Alice bag innuendo the plaintiff and t S have it and for that they will be  hanged  Upon not guilty plead and verdict and judgement for the plaintiff it  be now assign for error that a action lie not for these word for he do not say  that she steal it and it may be they come to it by lawful mean and although he  say they will be hang for it those word by themselves will not maintain a  action and they do not enforce the first word wherefore the judgement be  reverse
case king against coke easter term car roll to a plea of book property a  replication show a lease for year the date of which be antecedent to the  defendant title need not traverse that the place where be the freehold of the  defendant S C Jones dyer cro James trespass quare enclosed space to break in  pieces foot ambulando et averiis cull c the defendant justify because the  place where at the time when to be solum et book property of John marquis of  Winchester and so justify by his command the plaintiff reply that this land be  parcel of the manor of AbbottsAnns and that William marquis of Winchester be  seize in fee of the say manor and levy a fine thereof to the use of himself  and Lucy his wife for their life the remainder to Lord Edward paulet for a  hundred year if he live so long William Lord marquis die and Lucy his wife die  and that Edward Lord paulet enter and let to he for oneandtwenty year who  enter and put in his cattle and aver the life of the say Edward Lord paulet et  hoc c hereupon it be demurrer because this replication do not answer nor  confess and avoid the freehold of the say John marquis of Winchester allege in  the bar but all the court hold that the bar be a bar at large the title in the  replication be at large his claim but a lease for year be a sufficient and  good replication without answer to the freehold wherefore it be adjudge for  the plaintiff
case king against fitch Trinity term car roll in waste for several waste in  several place entire damage may be give ante post roll ab Bulst dyer   lev  stram Com dig Cromp prac bull n p in inquest of office there may be more or  less than twelve juror f n Br Finchs law hale   light note roll Abr Com dig  Com dig error of a judgement in waste in the common plea where judgement be  upon default of the defendant that a writ of enquiry of waste shall be award  Maynard assign for error first because the waste be assign in three house two  garden c upon the writ of enquiry waste be find in the house and garden and  entire damage give and it be allege that several damage ought to be give for  every of they so that it may appear to the court what damage be in every of  they for if it be small in any of they videlicet under d it be so little that  the court will not adjudge it waste and be assign in several house it ought to  appear to the court how much be the waste of every of they by itself  particular vide Henry pl say non allocatur for when the sheriff and jury have  have the view and give damage for the waste it shall not be intend petit  damage in any and the usual course be in all precedent to find entire damage  the second error because upon the writ of enquiry of waste thirteen juror be  return to be swear where there ought to be but twelve for it be not like to  other writ of enquiry where it be usual to have more than twelve at the  sheriff pleasure for that be but a mere inquest of office but here it be a  verdict and in nature of a verdict whereof a attaint lie vide Henry pl et  adjournatur a a vide post croak car er p
case king against grimes and thompson if two be indict for a conspiracy the  acquittal of one be the acquittal of the other Mod ld ray the defendant be  indict for be common pawnbrokers and that Grimes have unlawful obtain good of  the countess of c and that be together with one Thompson per confederationem  et cunning do detain the say good until the countess bad pay he twelve guinea  Thompson be acquit and Grimes be find guilty which must be of the first part  of the indictment only for it can not be per confederationem with Thompson it  be therefore move in arrest of judgement that to obtain good unlawful be only  a private injury for which the party ought not to be indict modern to which it  be answer that a plain fraud be lie in this indictment which be sufficient to  maintain it and that though one be acquit yet the jury have find the other  guilty of the whole but the court be of opinion that the acquittal of one be  the acquittal of both upon this indictment and therefore it be quash
case king against MARBOROUGH and craker in the exchequer Chamber Hilary term  James roll appearance by attorney if one of two defendant be a infant be error  ante keb sand cro Elizabeth Mod lev fitzg strange error of a judgement in the  king bench in a ejectment the error assign be because craker one of the  defendant at the time of the judgement be within age and appear by attorney  where it ought to have be by his guardian the judgement be upon verdict and it  be thereupon demurrer for it be say that this be not error but quoad he within  age but all the judge and baron hold in regard the damage and cost be entire  that the judgement be reversable for both and so be reverse
case king against rumball a testator devise all his land to his wife for life  remainder to his three daughter equal to be divide and if any of they die  before the other then the other to be her heir and if they all die without  issue remainder over adjudge that they all take vest estatestail ante post SC  roll ab SC more SC roll ab   Mod ld ray vern   light bl burr peer wms Fearne  Cowp dougl term Rep a testator devise land to his son after the death of his  wife and if his daughter outlive their mother and brother and his heir that  then they shall have it this convey a estatetail to the son I S seize in fee  of soccage land devise it by these word item I give to my wife Joan all my  house and freelands for her life and after her death to my three daughter  equal to be divide videlicet to Joan Avice and Alice and if any of they die  before the other then the other to be her heir equal to be divide and if  theyall die without issue then to three other name in the will c the sole  question be what estate the daughter shall have?And adjudge by the whole court  to be a estatetail S ass Henry Counterfeit beresford case   and in web v  herring a a man devise to his son after the death of his wife and if his  daughter outlive the mother and the brother and his heir that then they shall  have it it be resolve to be a estatetail in the son for it be impossible that  the son shall die without heir as long as his sister be alive and therefore  the intent of the devisor shall be construe to extend to the heir of his body  and so to be a estatetail Houghton put this case a man seize of three message  have issue three daughter and he devise one house to one another to the second  and the three to the three daughter and if his daughter die without issue then  to remain to a stranger the one die without issue quaere whether the stranger  shall take it present or shall expect until all be dead without issue
case king against sharp and another to a to know facias against bail a plea  that the principal die before the return of the she sa instead of any can sa  be bad S c salk to know facias against the bail to which the defendant plead  in bar that the principal die before the day of the return of the capias ad to  give satisfaction against he which may be the alias capias for he do not say  ante return alicuj short catalog de capias c and upon a special demurrer to  this plea and this modern matter be show for cause for he may die before the  return of the alias capias ad to give satisfaction whereas the condition be  break by the return of the first capias the plaintiff have judgement although  it be insist that this plea be in bar be good to a common intent but the court  be of opinion that the word alicuj be necessary which be omit the plea be ill
case king against shore word which impute double deal to a law er be  actionible yely error of a judgement in the common plea in a action for word  whereas the plaintiff be a attorney the defendant speak these word of he he be  a paltry fellow his credit do begin to crack he do deal on both side judgement  be give for the plaintiff the error assign be that a action lie not for these  word but all the court resolve that it be maintainable for the last word he do  deal on both side touch he in his profession and be very slanderous as if one  say to a lawyer he be a ambodexter there can be a great slander wherefore the  judgement be affirm
case king against sir EUSEBIE andrews late sheriff of the county of  Northampton Trinity term James roll in a action for a escape if a verdict be  find that a former sheriff make the arrest and not the defendant yet if it  appear that the prisoner be legal in custody the plaintiff shall have  judgement side   Popham cro Elizabeth Leon hard strange action upon the case  for suffer one Burdet to escape who be indebt to he in seventyone pound and  arrest by virtue of a latitat sue by he intend upon his appearance and bail  give to declare for that debt where he be arrest by sir John Iseham the former  sheriff and leave in prison the defendant suffer he to go at large without  find surety for his appearance upon not guilty plead all this matter be find  by verdict that the say sir John Iseham arrest he and at the day c return  faint c and afterward in exit ab duty his deliver he to the defendant as a  prisoner for this cause and the defendant suffer he to go at large and without  argument it be adjudge for the plaintiff for this permission to escape be just  cause of action for he by this mean be defraud or delay of his action and  although it be find that the other sheriff return faint c which be more than  be in the first declaration yet that be not material to the plaintiff he  remain always in prison and that be to excuse his bring the prisoner at the  day wherefore it be adjudge for the plaintiff see the Geo c S
case king against Woolaston bind a discharge of assumpsit ante debt upon  several assumpsit the defendant plead that he have give a bind for the same  and on demurrer judgement for the defendant a
case king case Hilary term James roll judgement reverse because the sheriff  have return the habeas corpora after a supersedeas deliver Yelv cro car cro  Elizabeth Bac Abr hawk p c term Rep error for that a writ of habeas corpora  with nisi prius be award a writ of supersedeas be grant and deliver to the  sheriff for stay the return of the writ and he notwithstanding return the writ  of habeas corpora at the assize whereupon the trial be have and judgement  accord and it be hold to be a manifest error as the proceed in a inferior  court after habeas corpus deliver without a procedendo wherefore it be reverse
case king vers harris in c b a attachment returnable before the full term if  after the essoinday which be strict the first day of the term be hold good   g  barn prac Reg S c a attachment which issue for a contempt be make returnable  on Wednesday next after and by sergeant chapel it be move to quash it for  although the essoinday be the day before the term do not begin till the Friday  which be the day of appearance comens the process ought not to have be  returnable before and consequent it be void and ought to be set aside as a  writ returnable at a day out of term sergeant wright this be not returnable at  a day out of term for the essoinday be the first day of term and in I Bulst it  be hold that a judgement may be give on the essoin day and that when give in  full term it relate to the essoin day that a judgement upon a inspection of a  infant make on the essoinday be good for the party may appear on the essoinday  although the quarto die post be the day of grace allow they before which no  default shall be record but if the defendant do appear on the essoinday his  appearance may be record and he may then plead and judgement may be then give  and justice William say that here a difference appear between the testae and  return of writ for a return may be on the essoinday though a writ shall not  abate if return on the quarto die post comens er p and croak say if a man be  bind to appear on the first day of term he may appear on the essoinday so it  be resolve that judgement by confession h James relate to the essoin and so  precede a recognizance acknowledge Jan the day before full term cro car Hett S  c a the writ in this case be order to be quash prac Reg barn
case king versus ballett Eq can ab pl S by the statute of fraud the trust of a  fee be asset at law but the trust of a term be not note by the statute of  fraud and perjury the trust of a inheritance be make asset at law but the  trust of a term be not vide stat car cap sect io and as to the trust of a term  Davidson v Foley bro Ch Rep and by clause where judgement be obtain against  the testator the sheriff may take the TrustEstate in execution
case king versus king all at the chancellor house Lord chancellor if a bill be  bring to be relieve against a deed fraudulent cancel b the defendant and to  have another deed execute the plaintiff need not make oath of the loss of the  deed because he can have no remedy at law though the deed be in his hand vern  Chan Rep see the follow case the plaintiff charge by his bill that the  defendant king his father be tenant for life of the land in the bill name  remainder to the plaintiff his son in tail that his father have fraudulent  cancel the deed of settlement and sell the estate to one of the defendant and  pray a discovery and to be relieve to this bill the defendant the purchaser  demurrer because the plaintiff by the course of the court ought to have make  oath of the loss of the deed and Mr lutwych for the plaintiff insist that this  case be not within the reason of that practice for this bill be to be relieve  against a deed which have be fraudulent destroy or cancel and to have another  deed execute and the plaintiff can have no remedy at law if he have the deed  and the Lord chancellor be of the same opinion and overrule the demurrer
case king versus MARISSAL October SC post ante vol in note before execution on  a judgement obtain against d on a action upon a promise of marriage he by  mortgage convey his whole effect to the defendant court will carry it no  further than to allow the plaintiff to redeem the defendant the plaintiff be  draw in by a promise of marriage to suffer one dupin to lie with her he  afterward marry another woman she bring a action against he and recover pound  in damage dupin in order to defeat the verdict convey his whole effect by way  of mortgage to the defendant before execution on the judgement note the land  comprise in this mortgage be leasehold the verdict be obtain in Trin term and  judgement enter the mich term follow execution be sue out and the sheriff make  a assignment of the premise in trust for the plaintiff who by her bill pray  that in case any thing be real due to Marissal on his mortgage she may be  permit to redeem the bill be to set aside the conveyance as fraudulent the  defendant admit the verdict in June and that the conveyance to he though date  on the that of September follow be not execute till the that of October dupin  himself be go to holland atkins Mr solicitor general counsel for the plaintiff  lie a stress upon its be atkins er p date a very little time before execution  be take out which be a circumstance to show the fraud he cite vern crane  versus drake and other and Newgent versus Giffard November before Lord  Hardwicke Tr atk the defendant answer be only as to his belief with what view  dupin execute this deed Lord chancellor if you want a answer to this part you  shall have interrogate he more particular I be clear of opinion the plaintiff  can carry it no further than to redeem the defendant and his lordship decree  accord Reg lib a fol vide Shirley v Watts atk
case Kingdon against barne letter patent must he plead under the great  Seal Ante   b I term Rep error of a judgement in the queen bench in trespass  for take of certain corn the defendant justify the take as his proper good and  plead a special justification the plaintiff make title to they by seizure for  that king Philip and queen mary by their letter patent enrol in chancery to  hand over el to go away vitlce de Launceston liberty of a market c and show a  special cause of seizure as a officer there upon which it be demurrer in law  and judgement for the plaintiff and the error assign be that he plead that the  king and queen by letter patent grant c but say not sub great seal with her  litter and this be clear hold a error for if the grant be not under croak  Elizabeth the great seal it be not good and though he say enrol in chancery it  be not good for any patent may he enrol there and there before the judgement  be reverse
case Kingsdale against man execution upon ha fa poss be not complete till  actual possession give S c salk possession be deliver by to have facias  possession about nine oh clock in the morning and towards six oh clock at  night the plaintiff be forcible turn out of possession and this matter be set  forth by affidavit the court hold first that upon a to have facias possession  it be not a complete execution until the sheriff or his bailiff deliver the  possession to the party and be go away second that if immediate after such  execution the defendant turn he out of possession it will be a disturbance of  the execution d for which a attachment ought to go but here they doubt whether  after so many hour distance it can be look upon as a disturbance of execution  and therefore the rule be to show cause why a attachment shall not go Powell  justice quote a case in the common plea where upon a entry upon the plaintiff  the same day he have execution the court grant a new to have facias possession  to which holt chief justice answer so they may if the first execution be not  return run eject a otherwise not quod curian to go away modern er p
case kingston against herbert a to know facias ought to go to all the  tertenants before a common recovery be reverse but the grant the writ be not  ex necessitate law but discretionary in the court SC Mod SC comb motion to set  aside a judgement of reversal of a common recovery by this court on a writ of  error bring here because there be no to know facias to the tertenants it be  strong debate and of all hand agree to be very inconvenient that it shall not  be to the tertenants because otherwise a purchaser may be deprive of his  assurance without notice there be urge Edward pl dyer that the tertenant can  be party to the writ of error that they have a record exemplify of the  reversal that the reversal be long since videlicet in the thirtyfifth year of  Charles the second that the want of such to know facias be either error in  fact or on record that in truth it be discretionary in the court if they will  award it a Lutwich report that the judgement be reverse on the authority of  the follow case Shotbolts case dyer field v Winlow cro Elizabeth panton v  Charles more Watkins v Oliver Owen cro James maly v shepherd cro James and sir  Edward ashley case Brownl and he say all these case be strong and direct to  the purpose SC Lutw shower KB er p that none can be make party to the writ of  error but those that be party to the action the court upon this motion be of  opinion that award it to the tertenants be not ex necessitate but  discretionary a
case KINNION against davies Trinity term car roll a action on the case for  know keep a dog use to bite sheep c must aver that the party know he be use to  bite sheep ante roll ab dyer   b hob cro James vent latch lev Lut salk strange  ld raym Com dig Bl Com error of a judgement in the common plea in a action on  the case for that the defendant a certain dog ad to bite sheep consuet at  Hindon scienter to hold back et to watch which say dog such a day and place  one hundred sheep of the plaintiff then and there find tam violently momordi  that twenty of they die of the say bite and the other be much hurt judgement  be give there by default Grimston assign for error that the declaration be not  good for be do not show accord to the usual course quod sciens camem  prediction ad to bite sheep consuet scienter to hold back for it may be that  be know keep the log and yet know that he be use to worry sheep which be the  main point of the action all the court absent Brampston upon read the  declaration hold that it be not good whereupon rule be give that the judgement  shall be reverse unless c
case kirby against TOWERSON a endeavour to procure a to consent to marry the  defendant be a good consideration in assumpsit but a particular act must be  state SC ray assumpsit that if the plaintiff will endeavour to get jane  consent to marry the defendant he will pay he ten pound and he aver that he do  persuade her et act  omnibus manner who to be able the question make be upon  the word to be able because uncertain but because he have lie a particular act  of persuasion it be hold good be after verdict and judgement be give for the  plaintiff
case Kirkby against coal Hilary term Elizabeth where mutual promise be make at  the same time a assumpsit will lie post hob Jones Leon Cowp ante assumpsit and  declare that whereas a certain communication be hetween he and Cooper for the  masting of certain hog for the plaintiff in consideration that the plaintiff  give to Cooper three shilling for every hog well masted the defendant assume  that they shall he well fat and redeliver to he to which promise he give  credit do deliver to Cooper one hundred and fifty hog to he masted and for  that fifty of the hog which be not redeliver to the plaintiff he bring his  action after verdict Tredway do allege in arrest of judgement that there be no  consideration to charge the defendant for he have no benefit but Godfrey  allege for the plaintiff that the promise be the cause of the contract and be  make at the time of the communication it shall charge he otherwise perhaps if  it be make at another time and it be adjudge in smith v Edmund where two  merchant be indebt one to the other croak Elizabeth and they agree to deliver  all their bill and bind into the hand of the defendant he do assume that he  will not deliver they till all action be determine hetween they and  notwithstanding he have deliver to one of they and the other party bring his  action and it be adjudge maintainable yet he have no benefit by keep of they  yet that be not material for the action be ground upon the promise and deceit  so here and of that opinion be Wray and Clench because the promise be at the  time of the communication gawdy justice be of the contrary opinion
case Kirkham against wheely in a action who tam the defendant may plead  privilege in the negative S c ld ray S c salk S c salk S c salk S c comb  action who lamb the defendant plead that he be a attorney of the common plea  and that all atorneys of the common plea have not be sue anywhere else than in  the common plea the plaintiff demurrer a but it be now settle that a action  against a common carrier on the custom of the realm and a action of trover may  be join in the same declaration Dickson v Clifton will Bedford v Alcock will  mast v Goodson Bl Rep and brown v Dixon term Rep modern report er p and it be  say that he shall not have plead it in the negative and that he shall have  make a full defence whereas be only say go for sale et to say and this be for  the king as well as for the party he may sue in what court be please per  curian plead in the negative be well enough because there be jurisdiction  enough give thereby to the common plea if indeed it have be a exception  issuable in fact the negative can not have be so well because a affirmative  ought to be set forth to make a traverse but here the matter be not  traversable not be triable per pais but a matter in law second go for sale et  to say be a sufficient defence accord to Henry three the king may sue in any  court but a informer can and a prosecutor who tam have be look on as no other  than common informer a for in case the plaintiff shall die there be a end of  the suit and the king be entitle to a recovery but for another exception it be  afterward adjudge insufficient Qure what it be
case kirle against CLIFTON Michaelmas term James roll if a release of error be  plead the judgement shall be nil to take in hand per breve SC comb SC salk  Writ of error bring error assiorned release plead the plaintiff ought not to  have judgement affirm because there appear to be error though it ought  therefore to be as a bar to the plaintiff yet it ought to be a nil to take in  hand per breve Q if any cost then for the defendant on error
case KIRSLEY all versus duck ux may one possess of a term for year in land  grant the land to a without mention any term it be void for uncertainty one  seize in fee may create a term for year to commence after his death without  issue but one possess of a term for year can out of that term carve a future  term to commence after the determination of a estate in tail a man possess of  land for a term of two thousand year in in consideration of pound true pay and  of natural love and affection r l grant the land to duck and his wife without  mention any term to the use of Kirsley the grantor r l for life and to the  heir of his body and in default of issue to the use and behoof of duck for one  thousand eight hundred year the remainder of the say term of year at a yearly  rend r l the question be whether the limitation to duck be good it be agree  the first limitation void for uncertainty it mention to grant to duck ux and  not say for what estate or term if termor grant the land the grantee be but  tenant at will contra if he devise it the whole term passes Germain ux v  orchard salk but for the defendant it be insist that the limitation to duck  and his wife in default of issue of Kirsley for one thousand eight hundred  year be a good limitation as a interest termini a man may grant a term Vernon  chancery case to commence upon failure of issue or expectant on a estatetail  to which it be answer that a man may carve such term out of his inheritance  but one that be possess only of a term for year can carve any future term out  of his term for year to commence after the determination of a estatetail first  because such a estatetail be deem a great and more durable estate second it  will create a perpetuity not to be bar by any common recovery a trial at law  in ejectment be order but by the statement in the register book the question  above do not appear to have be argue Reg lib a fol
case Kirton against williams and three other Trinity term Elizabeth roll a  special plea in abatement and the general issue be only allow together in  felony ante Popb SC Owen SC more SC Noy hawk salk case in crown law in a  appeal of mayhem three appear one of they plead nul tiel in a thing nature as  the four name and quoad the felony not guilty another plead misnomer and to  the felony not guilty the three plead not guilty to the plead of the two first  the plaintiff demurrer Tanfield move that it be not any plea to plead in  abatement and also not guilty in any case but where the life be in jeopardy  which be allow in favor vitce but here this action be but in nature of  trespass and of that opinion be the whole court for Popham and Fenner say when  one plead in abatement and also in bar of the action the plea in bar waive the  plea in abatement of the writ unless it he where the life be in jeopardy in  case of felony and that be in favor vitce afterward the court award that the  plead in abatement be oust and the plead of not guilty shall only stand
case knight against bourn judgement in trover reverse cro James ld ray to Rep  action upon trover of a horse the judgement be quod recupere horse for  financial loss whereas it shall he financial loss only and the judgement be  reverse
case knight against FORTIPAN Michaelmas term Elizabeth roll surrender by  copyholder for life and a infant in remainder do not bar the entry of the heir  to he in remainder post   Leon more Com dig cro car pale yellow ten term Rep  trespass the case be a copyhold be grant to one for life remainder to a infant  in fee they join in a surrender to a b who be admit tenant for life and he in  the remainder die and the heir of he in the remainder enter and if he may  enter or shall he put to his dumb to be infra tatem be the question and it be  argue by Tanfield and Atkinson and the entry be adjudge lawful for a surrender  be but a conveyance by matter of fact and no high and the heir may enter and  bring trespass before admittance
case knight against harvey administrator of harvey Hilary term James roll a  mistake of the date in a declaration of debt on bind be amendable after plea  plead Cowp dougl term Rep to debt on bind if the defendant plead judgement  recover on a impossible day and the plaintiff reply per fraud on issue join  thereon and verdict in his favour the plaintiff shall have judgement ante post    a   cro James cro Elizabeth hob raym sand salk Mod Carth ld raym Lutw burr  term Rep debt bring in Hilary term James upon a obligation of eleven pound  date may year vicessimo king nunc the defendant imparls and in easter term a  see SC   Copy p croak car er p car the declaration and plea of the defendant  be enter and he declare therein upon a obligation date may year king nunc  afterward by order of the court the say declaration be amend and make king  James the defendant plead thereunto a judgement upon another bind of one  hundred pound date year quarto king nunc which be mistake for it ought to have  be king James and that he have riens en say maines but only to satisfy that  judgement and thereupon the plaintiff join issue that the say recovery be make  by fraud and covin and find for the plaintiff this term the defendant move in  arrest of judgement that this plea be repugnant and impossible that a recovery  shall be year quint king nunc and therefore the issue join thereupon be nought  and no judgement can be give in this case but all the court conceive that  forasmuch as there be a default in the defendant plea although the plaintiff  have join issue thereupon which be find to be false and the defendant have not  confess asset in his hand but only for that judgement yet the plaintiff have a  good declaration shall have judgement whereupon it be adjudge for the  plaintiff
case knight against JERMIN see the commencement of this case ante a action on  the case will lie against one person for a malicious prosecution ante f n b  cro James roll Abr roll Abr cro car   hawk ld ray stram Bl Com wood Inst term  Rep term Rep it be now move again by coke and he say this malicious intention  and endeavour before the bill exhibit be to he punish although the indictment  be lawful to he prefer by any one for the queen the word here and in a  coinspiracy be all one and as a writ of conspiracy lie against two so here  against one and it be here allege to he do malicious and here he cause the  indictment to he write before he come into the court which be not the office  of awitness and where malice be his oath do not excuse he but if he have do it  by the command of the court it have be otherwise Edward ass Hen gawdy justice  if the defendant do it upon good presumption he ought to plead they as that he  find he in the house and c or the like cause of suspicion but no such thing be  plead otherwise every one shall he in danger of his life by such malicious  practice Wray chief justice agree croak Elizabeth trinity term Elizabeth in  the queen bench sir Christopher Wray Knt chief justice sir Francis gawdy Knt  John Cleneb Esq Rohert Sebute Esq justice sir John Popham Knt attorneygeneral  sir Thomas Egerton Knt solicitor general
case knight against lodge Hilary term Elizabeth roll in action where it be not  necessary to allege a title in the declaration none need be show in the  replication but it be sufficient for the plaintiff to traverse or deny the  matter allege by the defendant ante post Popb fort ejection firm of a lease  make by Edmund nevel who call himself Lord Latimer the defendant plead that  long time before the lessor of thp plaintiff have any thing queen mary be  seize thereof in fee injure coronce juice England and by her letter patent  give it to sir Thomas Hastings and Winifred his wife and to the heir of the  body of Winifred that sir Thomas Hastings die that Winifred take to husband  sir Thomas Barrington that the reversion descend to the queen who now be that  sir Thomas Barrington let it to the lessor of the plaintiff for life who let  it to the plaintiff that afterward sir Thomas Barrington die and that the  defendant as servant to the say Winifred enter and oust the plaintiff Bl hoc c  the plaintiff reply that the lessor of the plaintiff demise unto he for year  prout c and that the defendant eject he issue hoc that sir Thomas Barrington b  ante   Jones Dy er croak Elizabeth er p let to the lessor for life prout c and  hereupon the defendant demurrer because he take a traverse without make any  title and without a inducement the court hold it to he well enough for the  defendant have avoid the plaintiff title and the plaintiff traverse the chief  matter which avoid his title and it be not necessary to make a title in a  ejectionefirmce or in trespass but where land be demand it be otherwise yet  the better way have be to say that he be seize in fee and demise c but it be  well enough as it be
case knight against parry partowner of a ship the majority may send her out  without consent of the rest SC Carth SC holt SC comb on motion for a  prohibition the case I do not take a it be hold by holt chief justice that in  case of partowners of a ship if the majority do send out a ship they shall be  liable to those who do not consent in case there be a profit but the majority  then be answerable for all hazard but if a profitable voyage who shall have  conusance or jurisdiction of shower KB it be the quaere agree that if they  take bail by way of stipulation they may proceed against executor there in  their own way b
case knight against Symmes a ejectment for five close call Faldowne contain  ten acre be not sufficient certain say quaere SC Mod SC salk SC holt SC comb  SC Carth ejectment for five close of pasture and arable call Faldowne contain  ten acre after verdict it be move in arrest of judgement that it be too  uncertain not say how many of the one nor how many of the other martin v  Nichols cro car express in the case and cro and savil case   one close call  Dovecent close contain three acre ill and the case of week v sparrow cro James  admit Savills case for law because not say what whether land meadow or pasture  there good because say and clause peremptory or urgent call d contain three  acre terre cro car ejectment de house repositor England a warehouse ill  because not know by that name in the law Harper case   Yelv Owen more style a  say vide roll Abr Plowd   cro Elizabeth cro car Bac Abr a see Geo c S shower  KB er p e contra it be urge that it lie for a close if a name be give to it  cro Elizabeth cro James cro car Leon side but afterward hold per curian to be  ill in the principal case and judgement be arrest because not sufficient  certainty a
case knight versus BAMPFEILD all eoden die in court Lord keeper Eq can ab pl S  c a jointure make of a equity of redemption the husband become a bankrupt and  the assignee of the commissioner state a account with the mortgagee if the  jointress will be relieve against this account she ought in her bill to assign  particular error but leave give to amend the bill a man make a mortgage and  after forfeiture for nonpayment of the mortgage money he marry and convey the  equity of redemption to trustee to the use of himself for life remainder to  his wife for her jointure and afterward become a bankrupt Vernon chancery case  er p the commissioner assign this equity of redemption in trust for the  creditor and the assignee state a account with the mortgagee the jointress  bring her bill to be relieve against this account allege it be not fair state  but that the assignee by combination with the mortgagee have allow more money  than be real due on the mortgage the defendant plead this state account Vernon  chancery case Lord keeper the assignee stand in the place of the husband and  the account by they state ought to be as conclusive as if it have be state  with the husband and the bill be not right in charge a general fraud in the  state of this account but the plaintiff ought to have assign particular error  in the account however he give the plaintiff leave to amend her bill the plea  be allow Reg lib a fol say vide tailor v Haylin bro Ch Rep where the bill be  dismiss so in Johnson v Curtis on appeal from the roll bro as to the length of  time permit by the court to bar the open of settle account vide Robert v  Kuffin atk and case cite in not there
case knightly Robinson all plaintiff Burdett hutchinson all defendant Lord  chancellor Jeffries November the king have grant a duty upon seacoal for the  king life to the Lord townsend the defendant be farmer of that duty and the  plaintiff insure the defendant that the duty shall not determine before  Michaelmas and that if it do they will pay the defendant the several sum of  money subscribe on the policy without abatement and without question what the  defendant may lose thereby and without a far dispute plea or pretence  whatsoever the duty determine by the king death in February and the premium  pay to the plaintiff be three guinea per cent for insurance the defendant  Burdett have recover at law of the plaintiff knightly the sum of pound be the  sum Vernon chancery case subscribe by he the bill suggest that though the duty  do expire by the demise of the king yet there be no interruption or stop of  payment of the duty but his present majesty do declare by proclamation that  tonnage and poundage shall be collect as in his brother time and that thereby  the patentee and the defendant under he do enjoy the duty till Michaelmas or  make some composition touch the same and so be not damnified and therefore  pray to be relieve against the policy and verdict which the defendant insist  upon by plea and though it be so express that in case the duty expire before  Michaelmas the plaintiff will pay the subscription without abatement c as  aforesaid yet the Lord chancellor overrule the plea and order the defendant to  answer but the benefit of the plea reserve till the hear without cost on  either side Reg lib a fol and that a court of equity will relieve against the  strict breach of a policy of insurance where it appear that no real loss have  happen to the party insure vide sadler company v Badcock atk Lynch v dalzeel  in the house of lord march bro par can et vide Goddart v Garrett post godsall  v boldero east
case knipe against edwin if the high steward of Westminster name one person to  be bailiff and the dean and chapter name another the court will grant a  mandamus to the appointee of the high steward but without prejudice to the  dean and chapter SC comb a mandamus to the dean and chapter of Westminster to  admit the defendant to the office of bailiff there upon the nomination of the  duke of Ormond who be high steward and it be insist that he can not have a  assize because he have neither any seize or freehold before admittance e  contra it be the dean and chapter and not the high steward who usual appoint a  person to this office for of common right they who have a franchise or modern  er p to turn in a lathe narrow places have also power to put in a bailiff  which the dean and chapter have in this case and accord they have always grant  this office and when the person be in he be style ballivus decani et little  head c and it be they who be to answer for his miscarriage a mandamus be a  prerogative writ and usual grant where the public justice of the nation be  concern but here be a dispute between two person about the right of nomination  to this office and knipe be admit by the dean and chapter and swear into it so  that he have a freehold for life and this writ be never yet grant to try title  if Edwin have any prejudice he may bring a action on the case as a clerk may  against a archdeacon who refuse to admit he but can have a mandamus but see  march a curian a action on the case will not put the man in possession of the  office for by that he shall only recover damage a mandamus be grant but  without prejudice
case knoll against palmer a return to a elegit that the sheriff have divide  the land but can not deliver it by reason of a extent be no bar to a ne  execution post roll Abr cro James pale yellow ex see Bl Com direct contrary  hob ld raym dougl the case be move by Atkinson that in debt after judgement  the party pray a execution by elegit which be grant the sheriff do return that  he have divide the land by oath c but he can not make execution for the land  be extend upon a former statute and thereupon the plaintiff pray a eavias ad  satisfac endum and have it and thereupon Atkinson pray a supersedeas because a  capias be not to he award after a elegit especial if the sheriff return he  have land but if the return be nothing it be more doubtful for when the  plaintiff have elect the high execution and the defendant have land which may  he deliver he can resort to a low execution gawdy justice he may have  execution by capias for this be the high execution which can he for it concern  the body and the difference be that after a capias he can have a elegit nor  other execution but after a elegit if he he not satisfy he may have a eapias  and so be the hetter opinion of the book Edward pl Henry pl Edward process  Edward v Br execution and the statute which give the elegit do not restrain  the execution at the commonlaw the other justice seem to agree with he but  they will advice afterward knoll be take by can pias he pray remedy upon it  but all the justice hold it well award and they can not help he although his  case in equity as it be open deserve favour
case knoll against richardson a action will not lie for building a wall by  mean of which a prospect be destroy S C keb vent ray Mod side lev   hob hut  Poph salk Com Mod Mod ld ray error of a judgement in the common plea in a  action upon the case for obstruct a prospect simpson the stop of a prospect be  no nuisance and consequent no action on the case will lie for it aldred case    be express that for obstruct a prospect be matter of delight only and not of  necessity a action will not lie Twisden justice why may not I build up a wall  that another man may not look into my yard prospect may be stop so you do not  darken the light the judgement be reverse
case knot and knot executor of knot against barlow easter term Elizabeth roll  a release by a infant without consideration be void ante   b more and t Rep  debt on a obligation make to the testator the defen daunt plead a release  inade by one of the plaintiff the plaintiff reply that this release be make  without any consideration and he who release be within age at the time of the  release make it be thereupon demurrer and adjudge for the plaintiff that it be  a void release be by a infant without consideration
case kren against kirby if a copyholder in reversion enter upon the tenant for  life he be a seize and a surrender by he be void S C Danv S C Mod post more  Leon roll Abr cro Elizabeth Leon Bac Abr term Rep term Rep ejectment the  lessor of the plaintiff claim under a surrender make to he by William Kirby  who have a estate in the land after the decease of his father but enter during  his life and thereby become a seize and his estate be now turn into a right be  make the surrender to the lessor of the plaintiff all which be find by special  verdict at the trial and it be adjudge that the surrender be void modern it be  pretend at the trial that the father who be tenant for life have suffer a  common recovery in the lord court and so his estate be forfeit for which the  son may enter and then his surrender be good but the court answer that without  a particular custom for that purpose the suffer a recovery will work no  forfeiture of the estate but if it do it be the lord and none else who can  enter and so judgement be give for the defendant modern er p
case Kynnersley against barnard Hilary term Elizabeth roll in trover the  conversion be traversable but it must be of the identical thing allege to have  be find burr action upon the case sur trover of a horse and sell he and  convert the money to his own use the defendant confess that it be the  plaintiff horse and that one I Courtnal croak Elizabeth find and deliver he to  the defendant to restore upon request whereupon he redeliver he to the say I  Courtnal before the action bring without hoc that he sell he and convert the  money to his proper  it use and be thereupon demurrer p because he ought to  have plead the general issue and he can not traverse the conversion but all  the court hold although it he doubt in the book Henry pl Henry pl Edward bro  action sur Le case and dyer yet forasmuch as in this action the substance be  the conversion and without it the action can be find that it well may he  traverse but in regard he have here traverse the conversion of the money to  his own use which be not material allege in the declaration but be superfluous  and by his traverse have make it to he part of the issue the traverse  therefore be ill in that point and the demurrer be upon the traverse it be  adjudge for the plaintiff
case l e e dyer f n b wilcocks case a make a feoff to the king of certain land  which be not record the king take nothing by this deed a escheator find a  office of this feoff make ut above and not record and return it so into  chancery if the land be in the king hand the chancellor upon motion will by a  supersedeas restore a to the land if king have grant it to another a to know  facias shall be award against the patentee and the chancellor shall restore a  for it appear in the chancery that the say office patent and deed be all void  Jenkins a deed to the king of certain land acknowledge before a judge or  master in chancery and deliver into court and not record by the neglect of the  king officer be good to the king a deed make to the king by the word carolo  king or king England passes the inheritance to the crown without the word  successor a devise land to b and his heir b die afterward a die the heir of b  shall take nothing for the word heir in this case be a word of limitation  where livery be make within the view the entry ought to be in the life of the  feoff and feoff in a exchange if neither enter in their lifetime the exchange  be void if one enter and the other not and this last one die the heir of he  who do not enter may enter and avoid the exchange but he who have enter before  can avoid the exchange before the entry of the say heir but after it he may  enter into his own land which be give in exchange upon a render by fine to a  and his heir or a covenant to raise use upon a grant and agreement perform or  to be perform and the conusee or covenantee die before entry or such  performance the heir of the conusee and the heir of covenantee may enter after  such performance for the land be bind with the fine and covenant
case l Elizabeth   teys case   b   b h a Br fine husband and wife levy a fine  to b of several manor and b by the same fine render one of these manor to the  husband and by another render in the same fine render it to the wife this  render do not make the fine erroneous but the second render be void for it be  repugnant to the first and there be the same law for fine as for other  instrument the former part shall stand where the latter be repugnant to the  former in a will if in one part of a will a manor be give to one and the same  manor in the same will be give to another they be jointtenants No man shall  allege that for error which be for his advantage as the conusee in the  conusance or the recoveror in the recovery but in the render of a fine where  he to Jenkins who the render be make have more disadvantage than advantage he  shall reverse it for error as where a father have two daughter and he levy a  fine sur conusance de law come Ceo to a and a render the land to the father  for life remainder to the elder daughter in tail remainder to the young in  tail the young daughter after her father death may bring error to reverse this  fine in the name of both and the elder shall be summon and sever and in this  case the young sister shall assign error for the fine be more to her  disadvantage than advantage for if there have be no render in the fine the  young daughter and the elder have be coparceners
case l h h h chattle parliament perquisite c cap the manor of dale hold of the  king by knight service be grant by act of parliament to a a tenant who hold of  this manor by knight service die his heir within age a have the wardship of  this heir and grant it to b a be afterward attaint of treason the heir be  within age a office be find of this matter and the manor vest in the king the  king grant the say manor to his mother for life and the first act of  parliament be repeal and make as if it have never be by which mean a never  have any title to this manor and the grant of this wardship be thereby Jenkins  er p become void the king mother shall have this wardship and not b for now a  have nothing in the manor ab beginning and so his grant to b be void by all  the judge where a have judgement in a precipe quod To give back of a manor  against b and afterward a tenant by knight service of this manor die his heir  within age and b reverse the judgement b shall have the ware so of a disseizee  if he enter within five year into the manor of which the seize be make and die  seize for their title be by wrong in both case in the case of a purchase make  by a villain or where the recoveree Jenkins grant a copy of copyhold land it  be otherwise although judgement be reverse or the disseizee enter yet the  recoveree and the seize shall have the say purchase where a seize grant a copy  and the disseizee shall avoid it see my repertory title chattel in case of the  mortgage of a manor of which tenant by knight service die seize his heir  within age before the day of redemption and redemption be make at the day the  chattel vest in this case shall be divest
case l I h plead monstrance de law traverse a office be find after the death  of the Lord Dacres that the say lord hold the manor of dale of the king by  knight S service in capite and die his heir within age this office be return  into chancery the second son of the say lord tender a traverse in chancery to  the say office and have the manor to farm upon security give accord to the  statute and by way of monstrance de law he plead that a recover the say manor  from the say lord in his lifetime by a writ of right and that afterward and  before office find he enter into it and give it in tail to he the second son  and traverse the Lord Dacress die seize this plead be hold insufficient for it  begin with a monstrance de law and conclude with a traverse which be repugnant  for it deny what it have confess by all the judge of England in this case  because the second son have not show when a enter it shall be take most strong  against he that he enter after the death of the lord if so the Lord Dacres die  seize for it shall be take most strong against he that plead it if he die  seize the second son ought not to have traverse that which he have confess by  his plead the law reject impertinent and repugnant plead
case l mich James Ashfield versus Wrensford relation dyer there be no  confession there as in this case a be bind in a obligation of to Edward  Wrensford Edward sue this bind the defendant plead that before the make of  this bind colloquium condition to be touch a quantity of corn sell by a to b  and that it be agree between a and b before the make of the say bind that the  say corn shall be measure and that the say bind shall be enter into cuidan  Edwardo Wrensford and that it be deliver as a escrow to be a deed upon the say  Jenkins measure and that no measure be have and so non be factum and issue be  join upon this and find against a the plaintiff have judgement affirm in error  for the word cuidan Edwardo Wrensford be to be understand of the obligee and  not of a stranger for the defendant in his plea have plead the condition of  this bind and have plead that before this bind be make and this bind be the  bind in suit sue by Edward Wrensford a bind can be deliver to the obligee as a  escrow
case lacker against Harcourt a attorney defendant have no privilege to change  a venue from a foreign county to Middlesex but if he lie his action in  Middlesex it shall not be change without special cause SC Carth SC holt case  against the defendant lie in somersetshire I move to change the venue upon the  account of the defendant privilege as a attorney and clerk in court and to  have it lie in Middlesex and show several rule wherein it have be do as for Mr  Bathurst and urge the practice for it and the reason of that practice  videlicet their suppose constant attendance on the court here but deny by  chief justice holt et the to be silent for that they have no such privilege  for the plaintiff in a transitory action may lie it where he please but if a  attorney be plaintiff in a transitory action and he lie it in Middlesex the  defendant shall not change the venue upon the common affidavit a
case lacy against lacy performance of a promise make in consideration of the  previous performance of another promise need not he aver assumpsit that  whereas the defendant be possess of a lease for year the reversion to the  queen in consideration of ten pound pay by the plaintiff to he in hand and of  ten pound to he pay to he upon the procure of a new lease to the plaintiff the  defendant do promise to surrender his lease and to procure a new lease to the  plaintiff before the end of Trinity term and that he have not perform it upon  non assumpsit plead it be find for the plaintiff and it be say in arrest of  judgement that the declaration be not good because he do not allege he be  ready to pay the other ten pound at the end of Trinity term say non alliTcatur  for it be not to he pay till the defendant procure the lease so he be to do  the first act and the plaintiff have judgement
case lacy against reynolds in a action for word the relative fact must he  positive aver post I roll ab cro James yely hut march lev b ob upon a have  justification judgement shall he give by confession though the issue be  misjoined post roll ab salk IBurr stram ld raym action for word which be he be  as very a thief as any be in Warwick gaol and aver that I S be their a  prisoner in Warwick gaol condemned for hor estealing and it be clear hold that  for these word action do lie with this averment but not otherwise after  verdict this matter be allege in arrest of judgement that the defendant do  lead the bar gubd quidam ignolus come to Warwick and there out the purse of I  n and the plaintiff screen this he do receive and comfort and by reason of it  speak the word the plaintiff reply de injurid sudproprid and upon this issue  be join and Iound for the plaintiff it be allege that the issue be ill join  for this matter do not prove the plaintiff a thief although it do prove he a  felon The court hold that the issue be not well join but they conceive that  inasmuch as he have b this confess the croak Elizabeth word although the issue  be misjoined and a mistrial yet this be as void and the court shall give  judgement upon his confession and the plaintiff shall not have his damage tax  by the court but shall have a new writ to inquire of damage and it be so  adjudge vide Edward pl a vide vol term Rep where Mr justice buller be report  to have say that this case be too lose report to he rely on croak Elizabeth er  p
case lacy against smith in trover as administrator it need not he show that  the person who grant the administration be ordinary ante post salk Cowper  action sur trover and declare as administrator to I S and that administration  be grant to he b that a b official to the bishop of Peterborough and show not  that he be ordinary of the place or that the grant of administration do belong  to he and this matter after verdict be allege in arrest of judgement but  because diverse precedent be so and that such declaration have be allow the  court do give judgement for the plaintiff
case lady cavendish against MIDDLETON Trinity term car roll a action of  assumpsit will lie for money pay by mistake which the defendant ex level  ground et good ought to refund Jones roll Abr show Mod vezey Moses v MFarlan  burr burr dougl term Rep term Rep action upon the case whereas the say lady by  Ralph buck her servant have buy of the defendant twelve beast for fourscore  pound pay for they twenty pound in hand and be to pay sixty pound residue at  the end of the croak car month which twenty pound the say Ralph buck immediate  pay and the sixty pound residue he pay for the plaintiff to the defendant at  the end of the month and after die that the defendant after the say buck death  demand of the plaintiff again the say sixty pound affirm it be not pay unto he  whereupon the plaintiff if to hold toward to his assertion pay unto he the say  sixty pound where in fact he have receive it before and upon this deceit the  action be bring sergeant crew move in arrest of judgement after verdict upon  not guilty plead and find for the plaintiff that this action lie not but she  ought to have bring a action of account as for money undue receive but all the  court conceive that the action well lie although the plaintiff may have bring  a action of account a whereupon it be adjudge for the plaintiff
case lady Gargrave against gervase Markham habeas insert in a writ to two  instead of to have be not error hetley Com dig Bac ab Bac ab dougl to Rep the  exigent on outlawry for debt must be conformable to the original ante cro  Elizabeth Yelv dyer term Rep Eum instead of she will vitiate a exigent keb  style Com dig Bac ab Cowp term Rep after judgement the want of proclamation in  the county where the defendant live be not error error to reverse a outlawry  in debt after judgement the first error assign be because the writ of exigent  be direct to the sheriff of the city of Lincoln the writ be quod capias corpus  he ita quod habeas corpus he where they be two sheriff the writ ought to have  be to take in hand et to have say non allocatur for they both be but one  officer to the court and although in the end of the writ it be ita quod to  have there hoc breve yet there be no repugnancy for it be good both way a  second error assign be because in the original writ and all the proceed she be  name Agnes Gargrave of Kingsley in the county of York and in the exigent she  be name late of Kingsley a three error because the writ mention quas  recuperavi versus the dawn where it ought to have be she and it be hold that  these two last be sufficient cause to reverse the outlawry a and for these  cause it be reverse croak throw a four error assign be because there be not  any proclamation in the county where she inhabit say non allocatur for it be  not necessary in a exigent after judgement when she have once appear but upon  the first process only
case lady head versus sir Francis head may the deposition of the prochein any  of the plaintiff can be read for the plaintiff he be liable to cost SC ante  post the defendant counsel object to the read the deposition of jane Genew the  wife of John Genew for the plaintiff as he be the prochein any of the  plaintiff and liable to the cost the court allow the objection
case lady lane against PLEDALL on non be factum to debt on a bind date  November a verdict find that the bind be not execute till November be good for  it include the substantial part of the issue post   hob roll ab   dyer Bac Abr  ld ray debt upon a obligation which be set forth to be make November Elizabeth  the defendant plead non be factum the jury find a special verdict videlicet  that it be date November Elizabeth but be not seal or deliver until the  November Elizabeth et si super totan means the court shall adjudge it for the  plaintiff they find for the plaintiff et si c the court on its be hereupon  move without any difficulty resolve that this verdict be find for the  plaintiff for the issue be general non be factum it appear to be his deed but  peradventure by special plead he may have help himself wherefore it be adjudge  for the plaintiff a
case lady plate against plummer Trinity term James roll in the exchequer  Chamber a bill bring in b r after the bailpiece file be good for the fill  relate back to the first day of the term SC jenk SC roll ab SC hob vent salk  Bac ab Cowper dougl note note and see Tidds practice of the court of king  bench c p error of a judgement in the king bench in debt upon a obligation the  error assign be because the bill be file that February and the bail be file  that February so as the bill be before any bail and it do not appear that the  plaintiff be in custodian mareschalli yet forasmuch as the bill whensoever it  be file have relation to the first day of the term and the day and fill be not  material therefore this error be disallow and rule give for assurance of the  judgement
case lady POINESS case eoden die in court Eq can ab pl No injunction to quiet  possession but where the party have be in possession three year before fill  his bill or where the cause have be hear and the merit determine the lady  Poiness trustee have contract to sell her estate to one person and she herself  have actual sell it to another this trustee disturb the purchaser in his  possession and it be now move for a injunction to quiet the possession of the  purchaser but it be answer that such a motion never be make to have a  injunction to quiet the possession for a defendant who have no bill in court  and that before the cause be hear a injunction for quiet the possession be  only grantable where the plaintiff have be in possession for the space of  three year before the bill exhibit upon a title yet undetermined or in case  the cause have be hear and judgement pass upon the merit of the cause by the  court and therefore the Lord keeper deny the motion vide harr Ch prac vol and  case cite there the saint article of the charge against cardinal Wolsey be  that the say Lord cardinal have grant many injunction by writ and the party  never call thereunto nor bill put in against they vide Inst p Vernon chancery  case er p
case lady Ratcliff against SHUBLEY Trinity term Elizabeth roll it be  sufficient if word of defamation he substantial prove cro James hob Bl Rep  action for word she be as very thief as any that robbeth by the highwayside  upon not guilty plead the jury find that he speak these word she be a worse  thief than any that robbeth by the highwayside the question be if upon these  word find by the verdict she shall have judgement the court hold clear that  the word in both case be actionable but gawdy and Fenner hold that the word  find do not agree with the declaration for the jury do not find that the  defendant at the time mention in the declaration speak the word in they  verdict so it may be he speak they at several time and differ from bridge case  dyer where the jury find he speak part of the word but not all for there they  do acquit he of the residue and the word be of one sense Wray contra as very a  thief and a worse thief be all one
case lady rich against lord Richard what shall he consider a breach of  covenant post cro car cro James Lit Rep wood con ld ray Ch Rep sheep touch  Cowp I term Rep covenant the case be Lord rich covenant that certain land  convey to the plaintiff for her jointure be of the value of one thousand pound  per annum and so shall continue notwithstanding any act do or to he do by he  croak Elizabeth the action be bring for that the land be not of the yearly  value of one thousand pound and it be adjudge against the plaintiff for the  word notwithstanding any act extend as well to the time of the covenant make  as to time future and though they be no then of that value the covenant be not  break except some act do by he be the cause of it
case lady shore versus Billingsle eoden die Eq can ab pl S c surplus of a  personal estate bequeathe to a and b it be a joint devise and shall survive  there be two executor and one die his executor or administrator shall not have  a account against the survivor Ch Rep a man have devise the surplus of his  estate after his debt pay to a and b a die by the will in the Commons it  appear that a and b be mere residuary legatee and the print report say to be  correct Stuart v Bruce Ves there be several entry of the name but the editor  have not be able to find any entry of the above case in the register book it  be adjudge in the delegate and decree by the Lord north and now confirm by the  Lord chancellor that this be a joint devise and shall survive to b vide cock v  burrish ante and the Lord Vernon chancery case chancellor opinion be that if a  and b have be make executor and a have possess a moiety of the good and die it  will have be all one and the case of Cox and Quaintont be cite where there be  two joint executor and one die adjudge his executor or administrator shall not  have a account against the survivor so Webster v Webster p wms Cray v Willis  ibidem vide note to hamell v hunt pre Ch in Perkins v Bainton bro Ch Rep a  distinction be take between bequest to executor and to person not executor but  that appear to have be mere a dictum on a point not direct before the court  and the doctrine that a interest give to two or more by way of legacy as well  as otherwise be joint unless there be word of severance be now clear establish  Morley v bird Ves Stuart v Bruce ibidem note in the case of Stuart v Bruce the  word of the bequest be and in case the say mother shall prove again with child  it be my pleasure that the whole of my estate be divide equal between the  mother and the child et vide on this subject more particular Kew v rouse and  ux ante and case cite in note there Vernon chancery case er p
case lady whetstone and sainsbury July wms SC and S p and the sequel of if  upon a rehear ante S p ante e contra at Lord chancellor on plea and demurrer  husband and wife by marriage settlement be make tenant for life remainder to  their first and other son of the marriage successive in tail male after the  birth of their old son and other child they by lease and release and fine  mortgage the land this be aforfeiture and the mortgagee must lose his money on  the marriage of the defendant father the estate in question be settle on the  father for life remainder to the first and other son of the marriage  successive in tail male with other remainder over the defendant be the old son  of that marriage and there be seven or eight other child after the birth of  all those child the father and mother have occasion for about pound make a  mortgage of this estate which be do by way of lease and release and fine come  Ceo c this mortgage money by the addition of other money lend and interest  from time to time increase till at last it come to pound and then it be assign  to the plaintiff and another lease and release and fine be levy and execute by  the husband and wife for the make good of this assignment the husband die and  this bill be bring against the widow and old son that they may redeem or be  before close the mortgage money be near the value of the estate and to be  relieve against the forfeiture the defendant the son precedent in chancery  plead the marriagesettlement of his fatherland mother whereby they be but  tenant for life and insist on the forfeiture my Lord chancellor allow the plea  and say this be a contrivance to destroy the settlement and disinherit the son  and say he have declare his opinion before in case of this nature that there  can bet no relief particular in the case of sir harry peachy and duke of  Somerset ante so the plaintiff lose her whole money
case lake against king Michaelmas term car roll if a petition to parliament be  refer to a committee a action will not lie for print and distribute a number  of copy for the use of the member although the matter be false and scandalous  S C Hardres S C side S C lev S c sand S C keb S C vent S C Danv godb Yelv    hob fitzg Mod Mod ld ray the plaintiff bring a action upon the case for  publish a libel in which he be defame c the publication be in deliver several  print paper wherein the plaintiff be slander to several member of a committee  of the house of Commons Jones it be true if a man make a complaint in a legal  way no action lie against he for take that course if it be in a competent  court but that which we say be not lawful in this case be his cause the matter  to be print and publish agreeable to this case be the common case of letter if  a man will write a scandalous letter and deliver it to the party himself this  be no slander a say vide   hob Poph salk a but if he acquaint a three person  with it a action will lie so here since he will publish this matter by print  it or if he have but write it it may have be actionable for the member ought  not to be prepossess b this case have depend twelve term judgement be give on  a demurrer to the plea in bar by hale chief justice Twisden and Rainsford  justice for the defendant on this point videlicet that it be the order and  course of proceed in parliament to print and deliver copy c of petition after  they be refer to committee S C sand S C keb say vide S C side lev and between  the same party a action be maintain and damage recover for publish a libellous  answer to this petition before it have be present to the committee hard keb  vide king v Salisbury ld ray and hawk p c c S term Rep b modern er p
case lake v hay between the seal after Hillary term every endorsor be a new  drawer rule as to the statute of limitation Lord chancellor his lordship say  there have be a difference of opinion among judge whether a demand must be  make upon the drawer of a bill of exchange to entitle a endorsee to a action  but that he be very clear in his own judgement there be no occasion to make  that demand for he consider every endorsor as a new drawer harry v Perrit salk  Bromely v Frazier stram Laurence v Jacob ibidem heylin v Adamson burr say  contra Sidebotham v smith stram Collins v butler stram atkins it be adjudge by  the late master of the roll that a bill in chancery which have be depend  almost six year ought not to be consider as a sufficient demand of the debt so  as to take it out of the statute of limitation Craddock v marsh Charles Rep  Hurdret v Calladon ibidem anon Charles can anon post vol contra anon vern
case LAKINS against sir John lamb and holt if issue be join by one defendant  and verdict thereon and a demurrer by the other defendant and several  continuances enter to the demurrer a judgement on both be good although no  continuance be enter after the verdict ante post cro James cro Elizabeth Bac  ab Com dig quare hinder of the church of Segrave in the county of Northampton  the plaintiff entitle himself by grant of the next avoidance sir John lamb  plead to the issue non to go away as the plaintiff count and issue be join it  be try by nisi prius holt the other defendant plead a plea whereupon it be  demurrer the verdict be find for the plaintiff at the summer assize and the  postea be return at octabis michaelis the entry be curian advisare vull of the  judgement upon the verdict and demurrer and day be give to the plaintiff and  holt usque octabis hilarii and then judgement be give for the plaintiff as  well upon the verdict as upon the demurrer croak car and because no day be  give to sir John lamb against who the verdict be find it be by Mr Grimston  assign for error for that the judgement not be give the same term in which the  postea be return but at another term day ought to have be give to all the  party and therefore it be a discontinuance and discontinuances after verdict  be not aid but all the court hold it be not any discontinuance for the verdict  be find against sir John lamb he be out of the court and no day shall be give  to a defendant against who a verdict be find for he have no day in court to  plead any thing but in this case day be only to be give to the party who be to  plead to the demurrer and diverse precedent be show here in the old and new  book of entry where the entry be only in such manner wherefore it be hold no  error Afterwards judgement be affirm
case lamb against archer term limit to a and the heir of his body and if he  die without issue live b then to b it be a good limitation S c Eq Abr S c salk  S c comb S c Carth S c holt S c skin special verdict that I b be possess of a  term for year and have issue two son r and I by his wife e and devise to r  after the widowhood of his wife e during the remainder of the term of year  which I have to come in tail male and for want of such issue as aforesaid then  he give to I as aforesaid the contingency have happen and the whole court hold  it a good limitation for there be no danger of a perpetuity because the  contingency be to happen within a life the word heir male of his body in the  limitation be void but the subsequent word be good and the latter word will  restrain the former and make they good and this differ from Gibbons v summer a  for there the die without issue be indefinitive and child v Baily b have be  often shake and almost destroy by subsequent resolution c modern report  michaelmas term the five of William and mary in the king and queen bench sir  John holt Knt chief justice sir William dolben Knt sir William Gregory Knt sir  Giles Eyre Knt justice sir George Treby Knt attorneygeneral sir John summer  Knt solicitor general
case lamb against Jenison the style of justice in Durham be always itinerant  error to reverse a judgement in Durham in ejectment before justice itinerant  the error assign be that a tale de A standing round be award which ought not  to have be for Elizabeth c which give the tale de A standing round in Wales  and the county palatine give it only before the justice of the great session  and not before justice in eire as these be but the court hold this to be no  error because the style of the justice in Durham be always justice itinerant  and there be no great session at all in the county palatine and therefore this  Act must be understand of such court therein as answer to the grand session in  Wales then it be urge that per cur be omit in the judgement but it be answer  and resolve that therefore to look at closely be without say per cur be good  in the county palatine court which be look upon in that respect as the court  of Westminster and so the judgement be affirm modern report hilary term the  nine of William the three in the court of chancery before summer Lord  chancellor sir John holt Knt chief justice of b r sir Treby Knt chief justice  of c b
case lamb against johnson action for word a action be bring for these speak of  a upholster you be a soldier I see you in your red coat do duty your word be  not to be take the word be rule to be actionable because it be know to be a  common practice for tradesman to protect themselves against their creditor by  a   listen nor can it be worth a tradesman while for any other purpose but to  defraud his creditor by subject himself to the power of a officer a soldier  have by Act of parliament which the court must take notice of the privilege of  not be hold to special bail and those word your word be not to be take be  plain a inference from the former
case lamb against William Hilary term whether roll a attorney may enter a to  let go back financial loss but not a retraxit S c salk a action be bring in  the court of common plea upon several damage the attorney enter a to let go  back financial loss as to some and upon writ of error it be hold that the  attorney can well do it though he can not enter a retraxit for that must be do  in person
case lamb against wiseman Hilary term James roll in the exchequer Chamber the  return of a writ by two coroner when it ought to have be by four can be assign  for error roll ab hob error of a judgement in the king bench in debt upon a  obligation of two hundred pound the error assign because the venire facias be  award to the coroner be return by I Barton and Thomas roe coroner whereas at  the time of the writ award and return there be two other coroner videlicet  William salt and Thomas peach and the return ought to have be in the name of  the four coroner and in nullo be erratum be plead this be the sole error  assign all the justice of the common plea and baron of the exchequer except  Warberton hold that it be not error first because it ought to have be take by  way of challenge at the time of trial and forasmuch as he have not challenge  it he shall not now assign it for error vide Henry pl ass pl second admit it  be error assignable at the commonlaw yet now be after verdict it be aid by the  statute which croak throw aid misreturns and insufficient return and this be  but a misreturn wherefore the judgement be affirm
case lamb executor of Drables against BROWNWENT Trinity term Elizabeth roll on  a condition to give such a release as a shall approve the party must tender a  release toA for his approbation post   light a   b   a lev Com dig dougl debt  upon a obligation condition that if the defendant in Michaelmas term then next  ensue in the prerogative court of the archbishop of Canterbury at London shall  give to the say Drables his executor or administrator such a release and  discharge from and against he and his child for the receipt of mark as b the  judge of the court shall he think meet that then c the defendant plead that  the same term one such be judge there and that the say judge do I horned owl  devise or appoint any release or discharge c and it be thereupon demurrer and  adjudge to he no plea for that it be not allege that he cause a release to he  draw and tender to the judge to he allow for it be on his part in discharge of  his obligation to draw such a lease as the judge shall allow wherefore it be  adjudge for the plaintiff   b post
case LAMPEN against sir edward deering and other the commissioner of the  treasury have the privilege of be sue only in the exchequer latitat be sue out  of this court against the defendant be commissioner of the treasury sir John  may puisne baron of the exchequer thereupon come into this court and show the  red book which be a ancient book and reckon a record in their court wherein it  be say the treasurer shall have the privilege of be sue only in that court and  on motion it be read and the patent produce in court under the great seal of  England which constitute the defendant c and grant they the office of  treasurer of England and thereon they demand their privilege may be allow  shower KB and after some debate it be grant the court ground it on a record  then before they Mr pollexfen urge that there ought to have be a writ of  privilege bring and the sheriff will have return somewhat of it c but the  court say there be a record before they to judge upon and accord it be allow
case LAMPIERE against MEREDAY at what time a hearing complaint may be bring  S C keb l S C Danv roll Abr Mod ld ray hearing complaint be bring before  judgement enter which they can not do which the court a agree whereupon  counsel say it be impossible for they to bring a hearing complaint before they  be take in execution for the plaintiff will get judgement sign and take out  execution on a sudden and behind the defendant back the court order the postea  to be bring in for the defendant to see if execution be sign and at a day  after hale chief justice say if a hearing complaint be bring after the day in  bank though the judgement be not enter up yet the court make they enter up the  judgement as of that day so that they shall not plead nul tiel record
case Lamplugh vers Shortridge in b r on a general demurrer duplicity be not  fatal salk salk SC Lutw Mod hob lev sand raym Com dig Bac Abr infra p this be  a action of covenant the defendant plead a release and confirmation c to which  it be demurrer because duplex caret form but by the court this be a general  demurrer for the demurrer ought to show in what the duplicity consist and upon  a general demurrer duplicity be not fatal
case Lamplugh versus smith Lord chancellor March die Julii Vol case a heir who  together with other young heir be draw in to buy good at extravagant prince  and to accept of assignment of bad security join in give security for the  money agree on he shall be relieve on pay the value of the good which come to  his hand and shall not be answerable for his companion the plaintiff with  other young heir be draw in by Sticestead with the concurrence of sir William  smith to buy stocking and such like good at a extravagant price and to accept  of assignment of bad security and joint to enter into security for the payment  of the money agree on the bill be to be relieve against those security the  counsel for the defendant pretend not to maintain Vernon chancery case the  bargain but will have it that the plaintiff who have enter into a joint  security with other shall be liable to answer the true and real value of all  the good that be sell and security that be assign to he and his companion but  the court declare that the plaintiff shall be liable to so much only as come  to his own hand and shall not be answerable for his companion and therefore  refer it to a master to examine and certify what of the good come to the  plaintiff own hand and what the real value thereof and on payment thereof and  on reassigning such of the security as the plaintiff have his security be  decree to be deliver up
case lancaster against KEYLEIGH and STEYMSON and STEYMSON his bail queen if  bail may have a writ of error on a judgement in to know facias by Elizabeth c  but if they may the principal and bail can join for the judgement against they  be several ante post Com dig Bac Abr Bac Abr action on the case the plaintiff  recover against Keyleigh one hundred and thirty pound damage in the king bench  to which action the say Steymson and Steymson be bail and the judgement be  against the principal and after upon a to know facias against the bail error  be bring by the principal and the bail in one writ of error returnable in the  exchequer Chamber suppose the error to be in reddition judgment et in act of  assignment performance ad damnum Self c sir John bank hereupon move that this  record may not be remove upon this writ of error for the bail may not have a  writ of error in the exchequer Chamber by the statute of Elizabeth c which  give this writ only in the seven case mention therein and in no other for it  be a new law which give authority only to that court may not be extend large  than the statute limit second though the bail may have a writ of error yet one  writ of error lie not joint for the principal and the bail because there be  several judgement give against they and the damage against the one be not  against the other wherefore they may not join in a writ of error no more than  tenant for life and he in reversion or the tenant and vouchee may join all the  court be of this opinion
case lancaster against Lowther Trinity term Elizabeth roll a outlawry reverse  of the variance of a letter ante error to reverse a judgement in outlawry  error assign that the original be against Brian Lancaster de Hutton Walrasley  in the county of York the proclamation be against Brian Lancaster de Hutton  leave out Walmsley there be in the proclamation two letter of t and in the  original but one viz Huton and the judgement be reverse
case lancelot against johns a outlawry in debt reverse for several error    Litt b ante post Com dig coin dig error upon a recovery in debt and outlawry  upon it first error the defendant bring debt against Lancelot and I S and the  sheriff return quod non hahent good or catalla quod summoniri to be able  whereas it ought to he per quod summoniri c second error it ought to he nor  the dawn some hahet three error it be return quint drive out to be per quod  utlagati to step out whereas it ought to be per judgment crowner ullagati for  they be judge and the certificate be to he by they croak Elizabeth four error  in the original he be name Lancelot and in the exigent Lancelot croak  Elizabeth er p five error he be outlaw in Hustingis and do not say in  Hustingis de common feature placilis and for these error the judgement be  reverse vide Richard pl Edward pl
case lancy versus FAIRECHILD mere die maii by marriage article money be to be  lie out in land and settle on husband and wife and their issue remainder to  the heir of the wife husband and wife die the heir and not the executor or  administrator of the wife shall have the money a contingent security shall not  stand in the way of debt by simple contract money by marriagearticle be to be  lie out in land and settle on the husband and wife and their issue remainder  to the heir of the wife the wife die in the lifetime of the husband and in  case the plaintiff shall happen to die before the make of the say purchase or  shall not make any such purchase at all then the executor of the plaintiff  shall pay to the say mary the intend wife her executor or administrator the  sum of pound the amount of the say intend purchasemoney r l decree for the  heir of the wife against the administrator the money be bind by the article so  decree on a rehear the money by the first decree have be order to be retain by  the plaintiff as administrator of his wife against her heir as not be bind by  the article Reg lib b fol accord to the resolution in the case of Kettleby and  atwood quod vide ante vol note it be resolve in the case of eel and Lambert  that a contingent security shall not stand in the way of a debt by simple  contract as to the administration of asset by the executor vide corbet case  post as touch a trust upon land for raise of portion and when the land shall  be discharge have bear its own burden and as to construction when raise and  pay Vernon chancery case de term S the number three in curian porter
case land against tucker on a fine by tenant for life the reversioner shall  have five year after his death to make claim ante   b cruise Bac ab ejection  firmce it be find by a special verdict that tenant for life and I S join in a  fine sur strain de law come Ceo c to a stranger who render to I S for croak  Elizabeth er p eighty year remainder to the tenant for life in fee  proclamation pass and the five year pass without entry by he in the reversion  tenant for life die the question be if he in the reversion shall have other  five years?And it be adjudge he shall and so it be adjudge in sum case  Elizabeth
case LANDYDALE against Cheyney Hilary term Elizabeth roll tenant for life make  a lease for year the lessee bargain and sell the bargainee can bring covenant  against the bargainer on the entry of the reversioner post more and hendl dyer  Leon light Rep wood tj on covenant the case be tenant for life make a lease  for year the lessee by indenture grant bargain and sell all his estate to have  and to hold in tam opportunity modus et JormA as he ought to hold it lessee  for life die he in the reversion enter and the bargainee bring a writ of  covenant against the bargainor Godfrey argue that the action do not lie for  here be no guaranty in deed or in law but only a grant or assignment of his  interest which do not imply any warranty and if there he any warranty yet the  action lie not for the covenant do determine with the estate and so be Henry  pl Elizabeth dyer so if tenant in tail make a lease for year and die without  issue the covenant do determine with the estate and of that opinion be the  court and Wray say it be a strong case and because none come of the plaintiff  part it be adjudge for the defendant
case lane against alexander a traverse of the surrender of a copyhold on such  a day be bad for the surrender and not the day be the material part of the  issue and this error be not aid by Elizabeth c post SC Yelv cro car sand sand  lev lev latch carter burr ejectment the defendant entitle himself by copy  grant Elizabeth the plaintiff by replication entitle himself by copy grant  saint June Elizabeth the defendant maintain his bar and traverse without hoc  that the queen on the saint June in the d year of her reign grant the land by  copy modam et form prout c the demurrer be general it be move that this  rejoinder be not good for the day and year of grant the copy be not material  but only whether it be grant before the copy make to the defendant and  therefore he ought to have traverse without hoc that the queen grant modus et  form prout c but it be then move in regard it be but matter of form and be not  show for cause that it be aid by the statute of Elizabeth c say non allocatur  for the day ought not to be make material unless the queen have grant by copy  before the grant to the defendant the traverse also of the day where it ought  croak throw not be matter of substance for thereby he make it parcel of the  issue which shall not be wherefore it be adjudge for the plaintiff
case lane against green a declaration in debt on bind in good though the bind  be date in declaration that the defendant the eight of September per scribe  suum obligatorium to go away see tender c to the plaintiff and upon oyer the  bind bear date the eight of September and for the variance a demurrer it be  urge that since the plaintiff vary the lie from the date of the bind he ought  to show when it be first deliver and the right way have be to declare upon the  bind with the date it bear and then to say primo deliberate at such a time and  at this rate one may declare upon a bind after the action bring but per curium  since it be say that such a day to go away see tender it be well for that can  not be without it be then deliver it be well enough judgement be give for the  plaintiff a see as to apprentice Wadsworth v executor of grey keb side king v  channel keb king v pet shower salk Caislor v Eccles ld ray salk will Baxter v  Binfield Consts p l king v Eakring burr S c modern report er p
case lane against Hawkins a devise of all my other estate of what nature  soever to my executor to pay debt and legacy therewith passes the inheritance  ejectment on a devise videlicet all other my estate of what nature soever I  give to my wife Joan who I make my executrix to pay my debt and legacy  therewith it be argue that this can not pass a fee from the case of Wilkinson  v Merryland in cro car which case be different report from roll Abr and crook  report be accord to the roll wherein it be adjudge that the word estate passes  only a estate for life Mr pollexfen e contra the word be comprehensive enough  to pass the copyhold inheritance and the shower KB reason give in the case of  Wilkinson v Maryland be because the word estate come in the amid of  personality as good and chattle beside there it be whereof I be possess which  reach only to good or term for year and not to land of which a man be say to  be seize the case of Johnson v finner a and in Wilson v Robinson b the word  all my tenantright estate pass a fee so the case of Bowman v Millbankes in  this court c where the word be I give all to my mother because that be so  general and uncertain they adjudge that it reach not the land but Twisden  justice think otherwise even in that case here be the case of reeve v  winnington d I hear that my cousin John be inquire after my death but it shall  be in vain therefore I give all my estate to my wife and it be hold that it  extend to land and carry a fee e beside here be in our case a surrender to the  use of his last will which show his intention and if this be not good the land  will go to his heir contrary to his intention and express declaration and  judgement be for the defendant that the inheritance pass a Johnston v finner  roll Abr b Mod d Mod SC show c lev side e ante shower KB er p
case lane against Hawkins Michaelmas term car roll a devise of all other my  estate whatsoever will pass a reversion in fee SC post ejectment a special  verdict find that a man devise land by several parcel to several and also  several personal legacy and after say item I give all other my estate  whatsoever to my dear wife who I make my executrix the question be whether  this will pass a reversion in fee and there be cite hob style and the case of  Wilson v Robinson a by hale chief justice and wile justice all his estate  passes a fee for that be all his interest otherwise if it be all his land  Adjournatur b a Michaelmas term car in the king bench Mod SC keb SC lev b  judgement be give for the defendant that the inheritance pass SC post shower  KB er p
case lane against Hodges Michaelmas term Elizabeth roll breach of covenant  post roll ab wood con error of a judgement in the common plea in debt upon a  obligation for performance of covenant the error assign be because there be  not any breach of the covenant for one by indenture bargain and sell to the  obligee all his land in Upminster and covenant that he willmake further  assurance of all his land the breach assign be because he do not make further  assurance of those land and it appear by the plead that the bargainer have  feoff the bargainee before of all hislands there so as he have not any land at  the time of the bargain and sale and if he then have not the breach be not  well assign and so hold all the court but if one feoff another of his land and  afterward bargain and sell they by name and croak Elizabeth covenant to make  assurance he be bind to make assurance accord wherefore they be of opinion to  reverse the judgement but the matter be refer to compromise
case lane against Milward Trinity term Elizabeth roll amendment ante post   a  error upon a judgement in read upon a assumpsit first error that the venire  sharpness be jurator where it shall be jurat and this at first be hold error  but after diverse ancient croak Elizabeth precedent be show where such venire  facias be award it be allow to be good for they will not reverse so many  precedent second the action against William Milward and the judgement be  against predict Thomas Milward but the court hold it be it be but a misprision  of the clerk and may be amend in affirmance of the judgement and judgement be  affirm
case lane against Robinson trespass v Elizabeth arms and contra peace may be  bring in the hundred court trespass for take of his cattle the defendant  justify by virtue of a execution in a action of trespass bring in a hundred  court and the plaintiff demurrer Pemberton sergeant take two exception to the  plea modern er p first because the inferior court not be of record can hold  plea of a trespass quare way et arms et contra peace but it be not allow for  trespass be frequent bring there and the plaintiff may declare either v  Elizabeth arms or contra peace second the defendant recite the proceed below  say in such a manner processum to be whereas he ought particular to set forth  all that be do because not be in a court of record the proceed may be deny and  try by jury but the court incline that it be plead well enough and that it be  the safe way to prevent mistake but if the plaintiff have reply de in an  unjust manner svan not common with others without tali cause that have  traverse all the proceed quaere whether such a replication have be good  because the plaintiff must answer particular that authority which the  defendant pretend to have from the court but no judgement be give
case lane case in perjury it must he allege that the question be material all  king v aylett I term Rep he be indict of perjury for that upon a issue in such  matter hetween party he do false depose such a thing c but show not how the  issue be nor how the deposition trench to the point of the issue and he be  discharge
case lane versus williams June a and b partner as woollendraper a receive  money in the shop and give his note for it though no proof that this money be  bring into stock or use in trade yet this note be give in the shop by one of  the partner it shall bind both and though this note at law bind only the  executor of the survive partner yet in equity the creditor may follow the  estate of the other one Newberry and William the defendant late husband be  woollendraper and partner Newberry survive and some year after Newberry also  die and the plaintiff ought to recover the debt against the executor of  Newberry who sign the note but there be a deficiency of asset he now bring  this bill to have satisfaction out of the estate of William for the defendant  it be insist that it do not appear that William be privy or consent to the  borrow of this money or that it be bring into stock or use in the trade and  have the plaintiff demand it in the lifetime of Newberry or before his estate  be waste and asset exhaust the defendant may have have recourse to the bind of  copartnership to repair the loss sustain by Newberrys take up this money and  give such note without the consent or privity of her husband but she have now  lose that remedy by the plaintiff laches in not demand the debt soon and  therefore the plaintiff ought not to have the assistance of a court of equity  to charge her the master of the roll before who the cause be first beard  dismiss the bill Vernon chancery case per cur the money be pay at the shop the  note of one partner bind both and though at law the note stand good only  against the executor of the survive partner who be Newberry who receive the  money and sign the note yet proper in equity to follow the estate of William  for satisfaction and decree it accord ante p S c
case LANGDEN against stokes a promise may be discharge by he to who it be make  before it be break and if make by word may be verbal discharge side Mod Leon  lev cro James Mod ray Yelv Jones assumpsit whereas the defendant on the d  April car for such a valuable consideration assume to go such a voyage in such  a ship before the August follow and allege a breach in the nonperformance the  defendant plead that before any breach the plaintiff on the four of April at  such a place to free the dawn of the say promise hereupon the plaintiff  demurrer roll for the plaintiff now allege that this plead a discharge without  show how be not good and he cite diverse croak car book Edward pl that  uninjured to retain or exonerabi be no plea Maynard for the defendant argue to  the contrary that forasmuch as this be a action ground on a promise by word it  may be discharge by word before the breach thereof and therefore to free  general be a good plea and he cite for this the yearbook Henry pl all the  court be of this opinion absent Berkley Richardson chief justice say that he  know it have be so resolve diverse time and the rule be remember eoden modus  quo be born eoden modus to take apart wherefore it be adjudge for the  defendant quod to express grief nothing to take in hand per billam
case Langdon executor of Dickenson versus African company and dockwray Eq Abr  c c S c wms where one recover in trover against a servant of the African  company equity will not relieve because plaintiff in equity may at law have  defend himself but decree that the company shall indemnify the servant and  that the plaintiff at law one of the defendant in equity may prosecute the  decree in the servant name in the plaintiff testator be commander of the ship  hunter send by the king at the instance and charge of the African company to  who the king have grant the sole trade on the coast of guinea exclusive of all  other to seize all interloper in Africa accord in he seize the ship whether  whereof the defendant dockwray be freighter trade in Africa and she be  condemned as a prize in Africa and her cargo account for to the African  company in the defendant dockwray bring trover and conversion against the  plaintiff testator and recover pound damage for the say ship and cargo this  bill be bring to be relieve against it but be dismiss as against the defendant  dockwray precedent in chancery but as against the company it be decree they  shall indemnify Dickenson and that the defendant dockwray may prosecute the  decree in Dickensons name and though Dickenson have receive pound from the  company for that service out of the say cargo he be not to refund or abate  that because it be only a gratuity to he he act only as a servant or agent to  they and as to the quantum of the damage they be bind by the recovery against  Dickenson because they may have defend the trial and this be say to be in the  nature of a interpleading bill
case Langford against webber to trespass for take a horse a justification that  the defendant be possess of a close and take the horse damage pheasant be good  SC Carth SC salk ante Mod Mod Mod Mod stram Com dig pleader c e will ld ray ld  ray term Rep trespass for the take of a horse the defendant justify for that  Joseph ash be possess of a close c and that the defendant as his servant take  the horse in that close damage pheasant the plaintiff demurrer to this plea  for that the defendant do not show what title ash have to this close the  counsel for the defendant insist that it be in trespass it be sufficient to  say that ash be possess because in this case possession be a good title  against all other but it may have be otherwise in replevin the title of the  close be not in question the possession be only a inducement to the plea and  not the substance thereof which be the take of the horse and the law be plain  that where the interest of the land be not in question see Mod Carth cro car    light Yelv and the case of John v Whitley will a a man may justify upon his  own possession against a wrongdoer ante cro car Lutw salk b Mr pollexfen on  the other side allege that damage pheasant will bring the title of the land in  question but the court give judgement for the defendant modern er p
case langley against earl of oxford Trin vacat specific devisee of a mortgage  be not bind by a account settle between the representative of the mortgagor  and those of the mortgagor lib Reg b foe S g serjeant hill ms vol foe bill by  specific legatee of a mortgage to foreclose against the representative of the  mortgagor who plead a account settle between Mm and the executor of the  mortgagee and a release Lord Hardwicke c this be not a question of fraud or  collusion but whether plaintiff have such a lie on the estate as to make her  be a party to the account necessary here be a specific lie on the land devise  to plaintiff and I can see how the private account between the executor of the  mortgagee and debtor can discharge it the mortgagor have notice of the  specific lie the bequest be notice to he and he be bind by it suppose a bind  debt due to b and after b assign it the obligor be ambler er p bind by have  notice of the assignment and his payment to b afterward will not be a  discharge to the assignee if the mortgage have be devise in general to pay  debt and legacy such account with the executor will have be a discharge but it  be not in the case of a specific legacy his lordship be incline to overrule  the plea but the case of ewer v corbel wms be cite it be order to stand for a  answer with liberty to except note Lord Oxford have put in a further answer  the cause come on again before Lord Hardwicke on the that that and that day of  may when the plaintiff bill be dismiss without cost lib Reg b foe the fact of  the case do not appear in lib Reg but they will be find in the appendix to the  present edition together with Lord hardwicke judgement as give in Mr serjeant  hill ms see appendix
case Langthorn against tailor execution take out pen a writ of error error on  a judgement in the court of common plea in debt upon the return of a elegit  the declaration be that m Clayton by indenture demise a house and certain good  mention in a schedule for twentyone year if modern report the say life so long  live that the plaintiff recover a debt of three hundred pound against her and  execution thereon Raymond except that the execution be take out pen a writ of  error and that all the precedent be that it ought to appear to be with a  affirme a sand sand or and a and that it not appear here that the judgement be  affirm it be erroneous modern report er p holt chief justice it must either be  a non pro or a affirmance you have indeed show that the execution be suspend  by the writ of error and therefore they ought to have show a declaration  before they take out execution
case lanning against Lovering covenant in a lease that the lessee shall quiet  enjoy the estate discharge from tithe be break by a suit for they after the  expiration of the term ante Brownl godb roll Rep side wood con ante covenant  for that the defendant Elizabeth let unto he the barton of b for six year and  covenant that he shall enjoy it during the term quietl without interruption  and discharge from tithe and other duty and further covenant that if the tithe  be demand and recover against he during the term that he shall recoupe in his  hand so much of the rend as the tithe amount unto and for breach hereof he  show that in Elizabeth the parson suedhim for the tithe of corn g wonder there  in the year Elizabeth and therefore he bring the action Cherineugpo it be  demurrer and it be hold by all the court that this suit after the  determination of the term be a breach of the covenant for he do not enjoy it  discharge c which be not intend of a real discharge for that appear not to he  the intent of the party because it be agree that if he be sue he shall recom  Pedro as much of the rend in his hand but their croak Elizabeth meaning be he  shall he free from suit and payment of it and he be as great prejudice by a  suit after the term as if he have be sue before the expiration of the term  wherefore he be within the intent of the covenant but because it be not allege  that the suit be lawful or croak Elizabeth er p that the tithe be due for he  be not bind to discharge he from illegal suit so thebreach be hot well assign  it be therefore adjudge for the defendant
case Lansdown versus Lansdown in court Lord chancellor there be four brother  the second die and the old brother enter upon his land the young brother claim  a title upon which they apply to Hugh a schoolmaster their neighbour in the  country who often act as a attorney for his opinion who upon consult a book  call the clerk remembrancer give it in favour of the young brother because  land can not ascend upon which the old brother agree to divide the estate with  the young and declare he will rather do so than go to law though he have the  right upon which Mr Huqhes prepare deed of lease and release of the moiety  which be execute by the old brother and bind of the penalty of pound which be  compute to be the value of the moiety condition for quiet enjoyment of their  respective share the young brother die and the moiety descend on the defendant  the infant his son and heir and the Lord chancellor decree that the bind and  deed of lease and release shall be deliver up to the plaintiff the old brother  be obtain by mistake mosely report and misrepresentation and that the  defendant the infant when he come of age shall convey nisi c and his lordship  say that maxim of law ignorance law non excuse be in regard to the public that  ignorance can be plead in excuse of crime but do not hold in civil case mosely  report er p Thursday June the that motion
case LAPDALL against heart Trinity term James roll a assumpsit omit the  defendant name queen if aid by a verdict case on a promise after verdict it be  urge that it be super see assumpsit and do not say who and there be cite the  case of Oxford v rivet cro car in to know facias against a administrator plea  that she be only administrator durante those inferior in rank lifetime and  have full administer replication quod devastavit and issue thereon and find  for the plaintiff and hold that no issue be join and ill in shower KB the  replication not say who do waste Adjornatur a in SC Carth it be say that the  declaration be hold good and judgement on demurrer give for the plaintiff a if  light be stop by the erection of building on a man own soil against the window  of another it must be aver they be ancient for otherwise he have a right to  build upon his own soil cro Elizabeth lev vent Mod viner ld ray but as against  a wrong doer state a bare possession be sufficient vent keb viner ld ray but  see the case of rider v smith Trinity Geo term Rep and clarke v king term Rep  shower KB er p
case large against alton the spiritual court may award cost but not damage  prohibition be pray upon the statute of Edward c for brawl in the churchyard  because cost be there give c the court refuse the motion the cost be there pro  expenditure lawsuit otherwise if it have be pro financial loss
case LASHMER against avery Hilary term James roll a grant of a copyhold to the  copyholder in fee destroy the custom of freebench ante post   roll Abr hob lev  cro car Mod salk Carth skin Mod pale yellow ten Cowp term Rep Stubbing up a  whitethorn hedge or fall timber or any kind of tree stand for the safeguard of  the house or cattle be destruction   light more roll Abr cro car hob   atk  term Rep upon a special verdict the case be a custom of a manor be find to be  that if a copyholder in fee die seize his wife shall hold it during her life  as freebench the lord feoff the copyholder who die seize and whether she shall  hold it c be the question it be adjudge that she shall not but if the lord  have feoff a stranger of that land yet the land remain copyhold and the custom  be not take away croak throw note it be hold by all the court that eradicate  of whitethorns be waste but succidend et to sell be no waste unless it be lie  that they grow in pasture for defence of cattle and be of the greatness of  timber
case lassel against Catterton on a agreement to make a conveyance of all land  in a in the possession of b the party be not bind to execute a conveyance with  a warranty of those land and all other land in a S C side S C ray S C keb roll  Abr cro James Danv Owen Ro Rep Ro Rep Leon pale yellow Eq Rep Mod ld ray ld  ray Com dig a action of covenant for further assurance the covenant be to make  such conveyance c as counsel shall advice they allege for breach that they  tender such a conveyance as be advice by counsel videlicet a lease and release  and set it forth with all the usual covenant levinz for the defendant move in  arrest of judgmentI conceive they have tender no such conveyance as we be bind  to execute for we be not oblige to seal any conveyance with covenant nor with  a warranty beside that which they have tender have a warranty not only against  the covenantor but one Wilson cro James roll Abr again our covenant be to  convey all our land in Bomer and the conveyance tender be of all our land in  the lordship of borner Twisden justice for the last exception I think we shall  intend they to be both one and I know it have be hold that if a man be bind to  make any such reasonable assurance as counsel shall advice usual covenant may  be put in for the covenant shall be so understand but there must not be a  warranty in it though some have hold that there may be a warranty against  himself but I question whether that will hold but Weston on the other side say  that the objection as to the warranty be fatal and he will not make any  defence
case lassel versus Lord Cornwallis refer to in re Lawley Zaiser v Lawley Ch  ante vern S c Eq Abr c S c atk vezey a on his marriage create a term in trust  to raise pound of which pound be for his young child and the other pound as he  shall appoint after he appoint the pound as a collateral security to I S and  by will devise it and the other pound to his daughter yet hold that it shall  be asset to satisfy a bind creditor the defendant father on his  marriagesettlement create a term for year in trust to raise any sum not exceed  pound videlicet any sum not exceed pound for young child and any far sum not  exceed pound for such purpose as he shall think fit and after appoint the last  sum to be collateral security to sir Stephen fox for his quiet enjoyment of a  estate he have sell he on which there be some doubt of the title and after by  will appoint the pound subject to sir Stephen collateral security and also the  other pound for his daughter by the duchess of Monmouth the plaintiff a bind  creditor bring his bill to have his debt out of the pound subject to sir  Stephen indemnity that be a voluntary gift as to the daughter and not to  prevail against he and that the will be a devise not a far appointment for  there be a complete appointment before though not a disposition of the whole  pound precedent in chancery my Lord keeper decree the pound subject to sir  Stephen fox indemnity to be liable to the creditor because he have a result  equity in it which he may devise but not to take place of creditor and he have  before make a appointment which satisfy his power
case late vers fry in b r cost when give upon the statute car Skinn SC salk SC  Mod SC comb S c Carth vent strange Mod burr Freem Doug black term Rep bull Ni  Pri edit p trespass quare enclosed space to break in pieces grain svan ibidem  crescen leg of meat to carry away the jury as to the break of the close and  cut of the corn in the blade find the defendant guilty but as to the carry  away not guilty and it be move by gold sergeant for full cost for the damage  give by the jury be no more than S and by the statute this statute as far as  it relate to wilful and malicious trespass be aid by and will c can c the  plaintiff shall have no more cost than damage and it be urge that this statute  be intend for small trespass as foot ambulando c but here the corn be cut down  in the blade which be a great destruction and Rokeby I say if a man enter my  garden and cut down comens my tree for which perhaps the jury give but small  damage although I suffer a great inconvenience it will be very mischievous if  I shall lose my cost but after several debate the court incline to be of  opinion that if any thing have be carry away full cost shall have be give for  the carry away of any cattle be without the Act of parliament vide vent where  if a man enter claim title there shall be full cost give but where it do not  appear that the trespass be commit under pretence of title or that any thing  be carry away there we can make a construction contrary to the express word of  the Act of parliament case in the house OF lord the the OF january
case Latham against atwood Michaelmas term car roll hop grow out of ancient  root be like emblements and shall go to the personal representative of a  tenant for life and not to he in remainder Edward pl Henry pl Owen   light a I  roll ab Com dig trover and conversion of two hundred and fifty pound of hop  upon not guilty plead the case appear to be a woman tenant for life take to  husband the plaintiff car the remainder be to the defendant for his life these  hop be grow out of ancient root be within the land in question the wife die  the that August car the hop then grow and not sever c the question be whether  these hop appertain to the husband or to he in remainder because she die so  small a while before the gather of they and they be such thing as go by  manurance and industry of the owner by the make of bill and set pole the court  upon the motion of Grimston who be of counsel with the plaintiff hold that  they be like emblements which shall go to the husband or executor of the  tenant for life and not to he in remainder and be not to be compare to apple  or nut which grow of themselves wherefore adjudge for the plaintiff
case Laurence against NETHERSALE the sheriff return must specify the thing  attach Carth Lutw salk term Rep trespass the sheriff return in common plea  that the defendant be attach per catalla ad valentian ten pound and it be  adjudge a void return for he ought to return that he be attach by one hest or  chattel certain and name they so that they may he forfeit for upon such  general return none of they can he forfeit
case law against thomas sander in a action on a promise it must he express  aver that the defendant assume c Noy I side hard I Roll Ab Lut salk Mod ld ray  Bac Abr in notorious facts ld raym to Rep dougl assumpsit the declaration be  in this manner Bohertus law to express grief de Thomas Sandei S in custodo  mareschalli pro eastern videlicet cam in consideration qubd idem leplaintiff  shall take to wife the daughter of the say Thom a super see assumpsit et eiden  Roberto to let go to pay unto he l c the defendant plead non assumpsit and  find for the plaintiff and it be move in arrest of judgement that the  declaration be not good because it be not allege that the defendant assume but  it be thereto answer at the bar that it be necessary to he intend that the  defendant assume because it be to express grief versus c and he be there name  and in consideration the plaintiff will marry his daughter super see assumpsit  it be of necessity to be intend that the defendant do assume and now he have  plead the jury have find that he do assume c but all the court hold it to he  ill for a declaration ought to contain the substance otherwise it be not good  and no matter of substance shalf he supply by intendment nor shall the verdict  help it wherefore it be adjudge queen d to express grief nothing calgiat per  billam
case Lawley against GATTACRE Hilary term James roll in c b and easter term  James roll Salop if the first declaration have a blank for the insertion of  any thing material it can be amend by the plearoll ante post roll ab Com dig  dougl error of a judgement give in dower the error assign be for that the  first declaration be of a demand de tertian part One messuagii sharp terr  sharp prat sharp pasture in Harley all with blank but the second declaration  after the imparlance be perfect videlicet de to make one messuagio sharp terr  sharp prati sharp pasture cum appurtenance in Harley and to this the defendant  plead and try against he upon nunques seisie plead and judgement give accord  error be now assign for this fault in the declaration which be the material  declaration for the other be but a recital of this record and it be not help  by the verdict and of that opinion be all the court wherefore the judgement be  reverse
case lawly against dibble money bring into court Northey move to bring money  into court upon a covenant and be refuse a
case lawn against sawbridge if to a writ of error on a to know facias against  bail the defendant plead in nullo be erratum and assign the want of a to know  facias for error the plea be a confession of the error but the court may award  a certiorari for the information of the court in a writ of error out of the  court of common plea in a to know facias against bail modern report er p the  defendant plead in nullo be erratum and the plaintiff assign for error the  want of a to know facias on the roll lutwych for the plaintiff say that the  defendant plea confess the error assign eyres for the defendant argue that it  be not like the case where you proceed on a original and the want of a  original be assign for error for then the record may be remove without the  original but in this case nothing can be remove but the to know facias itself  and so it be repugnant to say there be no to know facias resolve by holt chief  justice that this error may be assign as well as the want of a original bill  and that by plead in nullo be erratum the plaintiff have confess the error but  the whole court videlicet holt chief justice Powell powys and gold justice  agree that a certiorari ad to shape knowledge Curi may be award which be do  accord modern report hilary term the six of queen whether in the queen bench  sir John holt Kilt chief justice sir John Powell Knt sir Littleton powys Knt  sir Henry gold Knt justice sir Edward Northey Knt attorney general sir Simon  Harcourt Knt solicitor general
case lawrance against uvoodward to say that another violent and by threat take  a purse on the highway import a charge that he take it felonious and by  robbery roll ab Jones Yelv cro James ld raym bull n p action for word because  he say falsely et wickedly of the plaintiff thou do violent upon the highway  take my purse from I and four shilling twopence in it and do threaten I to cut  I off in the amid but I be force to run away to save my life and that he  accuse he before Mr Chester justice of the peace Prynne after verdict upon not  guilty move in arrest of judgement that a action lie not for these word for he  do not say that be rob he nor that he felonious take away his purse and it may  be take in mild sensum that he take it in jest or in other mariner which be  not felonious also it be the more enforce a Poph latch bendl croak car er p  because it be but a accusation before a justice of peace and for a accusation  in form of justice a action lie not I doubt thereof because it be not a direct  charge of a felonious take or robbery by reason of the case of holland v  Stonner a where the defendant say thou art a lewd fellow thou do set upon I by  the highway and do take from I my purse and twenty mark in it and I will be  swear to it be adjudge in the king bench for the plaintiff it be reverse in  the exchequer Chamber for he do not charge he with felony or rob of he but  Richardson chief justice Jones and Berkley justice hold that the action lie  for violent take from he his purse and threaten to kill he and that he be in  fear of his life be a description that he take it from he felonious and by  robbery whereupon rule be give that judgement shall be enter for the plaintiff
case lawson case the return to a hab cor must show the cause of commitment  ante post Inst Vaugh palm Com dig hawk p c one Lawson at the same time upon  another writ of habeas corpus to the warden of the fleet and return that he be  commit that may by the lord of the Council and no cause show be therefore let  to bail
case layer versus nelson eoden d in court Lord chancellor where one obligee be  sue by the custom of London his cosureties shall contribute sob the custom of  London where a surety pay a debt he shall maintain a action against the  principal though he have no counterbond where one obligee that be a surety be  sue alone by the custom of the city of London he shall make his cosureties  contribute so in general hold v Harrison Rep in Ch SC and where no counterbond  and the money pay he may have a assignment of the security ex part crisp atk  say vide gammon v stone ves contra in the case of a bind where money not pay  and surety make the assignment of the bind the condition of pay the money see  note c to Osborne v Roger sand a that edit as to action by surety against  their principal or cosureties so where a surety pay a debt and have no  counterbond by the custom of the city of London he shall maintain a action  against the principal
case Le clea versus trot a surety in a ne exeat royal power can not be  discharge after answer put in by the defendant nor even after decree against  the defendant and commitment for pound decree against he for if as urge there  be no danger of defendant go beyond sea be in prison then the surety be in no  danger a ne exeat royal power have be award against the defendant I S who be  the now petitioner become his surety to the sheriff after answer put in I S  petition to be discharge but be deny then the cause be hear and pound decree  against the defendant and he commit for nonpayment and then I S petition again  to be discharge because be a Manucaptor and the party in prison there can be  no danger of his go beyond sea Lord keeper if so then his surety be in no  danger and will not discharge he
case Le mark vers newma notice of execute a writ of inquiry ought to ascertain  time and place where it be to be execute barn prac Reg   g SC Com dig title  pleader z this be a motion to set aside a writ of inquiry for want of a proper  notice of execute it the notice be give at the three tun in Brookstreet in  Middlesex and on a affidavit that there be three BrookStreets in Middlesex  Brookstreet Stepney Brookstreet Hanoversquare and Brookstreet holbourn and  though a affidavit be make on the other side that there be no sign of the  three tun in any of those BrookStreets except in Brookstreet holbourn and that  writ of inquiry be usual execute there yet the writ of inquiry and execution  on it be set aside for the notice ought to ascertain the time and place where  the writ of inquiry be to be execute so that the party may know certain when  and where to resort with his witness and this ought to be do with so much  certainty that the defendant need not be put to the necessity of go over the  county to inquire whither he be to resort and therefore notice to execute it  at the sheriff office in Northampton barn   g prac Reg a bath be hold ill and  so to execute it between ten oh clock and two in the afternoon there be a  motion in the case of Hannaford v Holman report in barn   prac Reg to set  aside a writ of enquiry for uncertainty of notice the notice give be that the  writ will be execute at ten in the forenoon or as soon after as the sheriff  can attend the court unanimous agree that this notice be irregular for it be  uncertainty and grant a rule to show cause which be afterward make absolute  and the wonder t of inquiry in this case be set aside by the opinion of all  the court
case Le merchant against Rawson Trinity term car roll in debt on the Edward c  if the whole record be in debt and the to swear falsely in the nisi prius  record be in trespass the mistake may be amend after verdict roll ab hob cro  James Bac Abr debt upon the Edward c for not set forth of tithe the defendant  plead nil debet and it be find against he croak car Germin move in arrest of  judgement that it be a mistrial and without sufficient warrant for the to  swear falsely upon the nisi prius be that jurat to put down in looking back  inter Le merchant plaintiff et Rawson defendant in plea transgression usque  post octab mich nisi prius c so by this to swear falsely which be the warrant  of the justice of nisi prius there be not any authority to try the issue and  it be hold a plain misprision but the question be whether after trial this be  not amendable for all the roll be well the issue be in debt and it be a mere  misprision of the clerk to make it in a plea of trespass where it ought to  have be in a plea of debt and the to swear falsely be not the sole warrant to  the Ju ice of nisi prius to proceed for the writ of distringa be to try the  issue in plea debt is owed nisi prius c so that be a warrant to proceed  although the record of nisi prius do not warrant it and it have be rule that  where upon such writ of distringa the sheriff return nomina jurator inter a  querent et b defendant in plea transaressionis where the writ to which the  pannel be annex be in plea debt is owed be but a misprision of the sheriff  clerk in misreciting the writ it shall be amend Wherefoire the court will  advice thereof a
case Le noyers case the record of a inferior court can be amend by the draft  of counsel in a inferior court the record be make in the part of issue the  process teaching to be instead of teaching be and because the draft of the  counsel give to the clerk to enter up by be right it be move now to amend the  record by it but per curian there never be any amendment b draft of counsel  for it be a thing of no manner of authority alterable at pleasure and no  offence to modern change it and the case put of a bind be not like this for a  box d be a authentic thing and a alteration in it be forgery and if the party  himself do it beside the forgery he avoid the whole bind the statute be to  amend where there be a letter too much or too little through the fault of the  clerk holt chief justice say he will glad have a action bring against a  attorney who make such a fault in entry contrary to the advice of counsel for  they modern er p sometime do it out of malice and sometime out of presumption  beside no diminution lie of a record of a inferior court but see comb that no  diminution lie to a inferior court a
case Le PYPRE all versus far Lord chancellor Nov Eq can ab pl S c good insure  by agreement value at pound and the insure not to be oblige to prove any  interest yet the insure be order to discover what good be put on board that  the value of his good save may be deduct out of the pound on a policy of  insurance on good by agreement value at pound and the insure not to be oblige  to prove any interest Lord chancellor order the defendant to discover what  good he put on board for although the defendant offer to renounce all interest  to the insurer yet refer it to a master to examine the value of the good save  or come to the hand of the defendant or any of his agent r l and to deduct it  out of the value or sum of at which the good be value by the agreement Reg lib  b fol the plaintiff by their bill state that they be assure by one Boddington  who apply to they as the agent of the defendant to subscribe the policy that  the ship be a tie and good ship and well fit for the voyage and that there be  good on board her of the value of pound belong to the defendant the defendant  by his answer say that Boddington have no order from he to say the good on  board be of the value of pound or any other value vide Goddart v garret ante p  and note there stat Geo ill cap park on insurance p et seq and the note to  goram v sweat sand h v that edit Vernon chancery case er p
case Le sage against peer principal interest and cost after judgement in debt  upon bind the court will not make a rule upon a plaintiff to take his  principal interest and cost and they hold in such case the plaintiff ought to  have his full cost out of the penalty see Ann c a
case lead against SHAKERLEY in a action for divert a watercourse from one of  three mill on not guilty the v en fac shall he where the nuisance be do send  aliter on a prescription but a seize of the mill at the time of the nuisance  must he show ante post skin show Leon vent ld ray action upon the case recite  that he be seize in fee of a mill in Snodeland and that he and all those who  estate c from time whereof c have have a watercourse run by three will  videlicet a b and c to the say mill that the defendant cut the bank of the  watercourse in a whereby he lose the profit of his mill the defendant plead  not guilty and it be find against he it be now allege in arrest of judgement  that this v eAire facias be award only from a where the cut be whereas it  ought to have be from all the three vil 1s and from the will where the mill S  say non allocatur because the issue be non worthy of blame but if the issue  have be upon the prescripti on it have be otherwise another exception be  because it be not allege that he be seize of the mill at the time of the cut  but hear sergeant answer that the declaration be good for it suppose that the  plaintiff seisitus step forth of a mill ipseque et all men that who estate he  have in the say mill have use to have a watercourse c and that be a sufficient  averment of the seize at the time this exception be take in dame brown case  Elizabeth dyer and yet the plaintiff have judgement but all the court absent  Popham hold that the declaration be insufficient for this cause gawdy say that  in brown case the opinion of Lord dyer be that the count be insufficient and  error be there bring of the say judgement wherefore it be here adjudge for the  defendant see Ann c ante p note a
case lead versus lee April Eq can ab pl S c although a trustee be not direct  to put money out at interest yet if he make interest he shall account for it  Lord keeper although a trustee or executor be not empower or direct to place  out at interest yet where he make interest he shall be Accountable for it and  decree it accord Reg lib b fol vide Ratcliff v grave all ante vol and case  cite in not p there
case leaver vers witcher in c b motion to plead double deny after a judgement  that have be regular obtain be set aside on payment of cost barn prac Reg   g  S c this be a motion to set aside a judgement which be grant on payment of  cost although the judgement be regular it be afterward move that the defendant  may have liberty to plead the general issue and likewise non assumpsit infra  sex aged but it be deny for when a judgement be regular and set aside upon the  entreaty of the defendant to let he in to try the merit of the cause it shall  be only allow to plead the general issue and not the statute of limitation or  other defensive plea that go not to the merit of the cause where a plea of  justification be absolute necessary to try the merit and the plaintiff have  not be delay of a trial the court have admit the defendant to make such  defence though the judgement set aside be regular   g barn it be say in the  report of this case in the practical register that the court determine that  for the future when a judgement be set aside on payment of cost instead of  plead a issuable plea the rule shall be to plead the general issue which they  declare be the old practice of the court a administrator however be permit by  the court in the case of cruse v William report in prac Reg p barn after a  regular judgement be set aside upon payment of cost to plead plene to manage  general which be look upon as the general issue comens de boundary pasch geo  two in c b
case leaves against bernard where a suit be commence by bill pray judgement of  the count be a plea in bar S c Mod case on several promise the defendant go  for sale et make practice of defending vim et in an unjust manner when c et  petit judgment de narration et quid narr prd casse the plaintiff join in  demurrer and have final judgement the defendant bring a writ of error allege  that final judgement ought not to have be but only a to answer ouster award  this plea be only in abatement and not in bar say per curian totan by the  course of the court of king bench wheresoever you commence by bill a pray  judgement of the count be a plea in bar and in that case if you plead in  abatement of the count you must not pray judgement of the count and that the  count may be quash but you must pray judgement of the bill and that the bill  may be quash the judgement be affirm
case LEDESHAM against lubram Hilary term Elizabeth roll if a stakeholder  deliver moan deposit in his hand on account of the vager to the winner this be  not a conversion ante Bac Abt action of trover of ten angel and convert they  the defendant plead that there be a wager betwixt the plaintiff and one  currance concern the quantity of yard of velvet in a cloak and the plaintiff  and the say currance each of they deliver into his hand ten angel and each of  they agree that if there be ten yard of velvet in the cloak that then they  shall be deliver to the say currance and if not to the plaintiff and allege in  fact that upon measure of the cloak it be find that there be ten yard of  velvet therein whereupon he deliver they to the say currance which be the same  conversin c it be thereupon demurrer and agree first that a action of trover  lie of money out of a bag or chest but second for the plea Gawdly hold it to  be good enough for the measure thereof be the fit way for the try it and when  it be so find by the ehe have good cause to deliver they out of his hand to he  who have win wager but the Fenner and Popham hold that the plea be not good  for it may be the measure be false and therefore he ought to have aver in fact  that there be ten yard and that it be so find upon the measure thereof and he  may well have plead the general issue and give all the matter in evidence for  it be but evidence and when he deliver it accord to the intent of the bargain  it be not any conversion wherefore by croak Elizabeth the assent of gawdy  absent Clench it be rule that judgement shall he enter for the plaintiff  unless other matter be show c
case LEDSOME versus Hickman June Eq can ab pl S p I S devise pound apiece to  his three daughter a b and c at twentyone or marriage if any die before to go  to the survivor b die in the life of the testator her legacy shall go to the  survive daughter post case defendant testator devise pound apiece to his three  daughter a b and c at twentyone or marriage if any die before their legacy  shall so become due r l to go to the survivor and the testator by his will  direct the say legacy to be pay to one John stride for the say child use and  his receipt be to be a good discharge for the same and he be to apply the  profit and produce thereof for the maintenance of the say child and increase  of their legacy during their minority as he shall see convenient r l b one of  the daughter die in the lifetime of the testator question be whether the pound  a lapse legacy or shall accrue to the two survive sister decree for the  plaintiff Lord chancellor devise over as a executory devise say qure yet the  plaintiff be one of the three legatee and decree as above with interest at per  cent from one year after the death of the say testator Reg lib b fol the case  on this head seem to depend on a joint tenancy be create by the will or on the  clear intention appear that the legatee shall take a interest in the legacy  although he die in the lifetime of the testator which may be Elliot v  davenport p wms for if there be a joint tenancy create by the will and it  happen by whatever cause that one of the joint tenant be prevent from take the  whole will vest in the survivor after the testator death bring v clay Ch Rep  page v page p wms Humphrey v tayleur Amb dowset v sweet ibidem Buffar v  Bradford atk Frewen v Relfe bro Ch Rep but except in these two case it be  apprehend the death of legatee in the lifetime of the testator be a extinction  of the legacy et vide Willing v baine p wms Vernon chancery case er p
case lee against barn where a man may plead in abatement of the declaration or  not S c holt holt chief justice you may plead in abatement of a declaration  where the action be by original for the plead there be different but if the  action be by bill you can plead in abatement of the declaration but only of  the bill for they be the same thing and therefore the entry in such case be  petit judgment de billa
case lee against Boothby if the lord of a manor lease the manor and a copyhold  by name it will not extinguish the copyhold but if he lease a copyhold by  itself it be go as a copyhold for ever Jones   a   b keb hob cro James side  Vernon pale yellow ten skin salk bunb upon evidence to a jury at the bar for a  copyhold parcel of the manor of EarlsChingford in the county of Essex the  question be if a copyholder in fee surrender to the lord of the manor his  copyhold estate and the lord make a lease for year of the manor and of the say  copyhold by the name of his tenement call h whether it be a determination of  the copyhold?And it be hold by all the justice absent Brampston that it be not  because when be let we the manor it be include as a parcel of the manor but if  be though he have be but dominus pro tempore or for half a year though by  parole have make a lease for year of the copyhold by itself that have destroy  the copyhold for it be then during that time sever from the manor and so can  never afterward be demisable again by copy but the manor be demise include the  copyhold as parcel of the manor and the name of the copyhold be surplusage and  it remain always as parcel of the manor and demisable by copy as it be before  a a see the case of reeve v jodrel term Rep b r croak car er p
case lee against CURVET0N Trinity term Elizabeth roll omission of the profert  in debt on bind be not material post   cro James Carth stram dougl a special  pardon must he plead I Leon lane W ils Com dig Bac Abr hawk case in c l error  in debt upon bind the defendant plead non be factum and it be find against he  the plaintiff do count per factum suura obligatorium but say not curice hic  prolatum and this be assign for error coke this be but matter of form which  make not a error after verdict and the clerk of himself may have put it in  without any instruction of the party a second error that the judgement shall  have been quod to take in hand and the judgement be that de fin nothing  because pardonatur whereas in truth the plea be plead after the general pardon  coke perhaps he be special pardon but it be hold that shall not he intend and  for this last error the judgement be reverse
case lee against daniel disposal of seat in the church belong to the ordinary  postea per holt chief justice the disposal of seat in the motherchurch belong  to the ordinary and so of seat in a chapel of ease belong to the motherchurch  and to know whether it be a church or not be by know whether it have  plungebath et burial