case brawn against Michael word not actionable action for word whereas he be a  justice of the peace that the defendant speak of he these word he have deliver  untruth upon his oath in his answer in the chancery at the suit of I S it be  thereupon demurrer and without privity of the court in mich pound Elizabeth  judge ent be enter for the plaintiff it be now move to stay the writ of  enquiry of damage to he award and all the court agree thereto for judgement be  enter without their privity for they all now agree that a action lie not for  these word for he may deliver untruth upon his oath in his answer and not he  perjure for there be therein two oath the one upon his knowledge the other  upon his evidence upon report of other which may he true and he not he perjure  wherefore c
case bray against grobe judgement reverse because a infant appear by attorney  instead of guardian ante post     roll ab cro Elizabeth more keb Leon Yelv  strange see James c and the Ann ante error of a judgement in trespass for that  the defendant be a infant appear by his attorney and not by his guardian the  defendant in the writ of error plead in nullo be erratum and adjudge to be  error and for that cause reverse
case bray against patrid if a man sue for tithe in the spiritual court and  know the defendant can prove payment by two witness discontinue his suit until  one of those witness be dead and then recommence it and by this mean obtain a  decree yet no action will lie for the deceit because the plaintiff may have  have prohibition action on the case whereas the defendant be vicar of lanham  and the croak Elizabeth er p plaintiff a parishioner there and the tithe  appertain to the defendant the plaintiff have pay he his tithe in the presence  of two witness the one of those witness be dead the defendant have again sue  he for those tithe pay unto he well know that the proof of payment by one  witness be not sufficient in the spiritual court c the defendant plead not  guilty and find that the plaintiff have pay his tithe but one of the witness  name be dead before the payment c and find all the residue ut above el si c  and all the court hold that upon thLs matter the action lie not for a action  lie not for prosecute at the commonlaw without cause a the same law be for  prosecute a suit in the spiritual court for Popham say when a man complain in  a court which have power to give he remedy for the same cause although his  suit he without cause yet the plaintiff shall not he punish by a action upon  the case but if a man lihels in the spiritual court for a temporal matter  there peradventure a action upon the case will lie so it be where a man bring  a appeal in the common plea a action upon the case lie whereto gawdy and  Fenner agree and say how Edward pl be that a action upon the case lie where he  sue one for tithe who ought to be discharge yet that be not like to this case  for by the same reason if one have pay a debt upon a obligation and be sue for  it again a action upon the case lie which be not law wherefore they all agree  against the plaintiff say adjournatur
case break against cham to establish a breach of covenant for quiet enjoyment  without encumbrance of any person the plaintiff must show a lawful encumbrance  ante post S C roll ab Henry b pl more Vaugh hob cro car Yelv cro Elizabeth  term Rep c b term Rep assumpsit that he shall enjoy such land accord to his  lease without the let interruption or encumbrance of any person and show in  fact that this land be extend for debt due to the king by process out of the  exchequer and so encumber c after verdict it be move in arrest of judgement  that this be not a good breach assign for he do not show for who debt nor when  nor by who it be due and it may be that it be for the plaintiff own debt and  although it be allege that if so and he thereby do not perform the promise it  will not help he yet it be adjudge for the defendant for the plaintiff ought  to show a lawful encumbrance otherwise he may have his remedy elsewhere say  vide dyer contra Edward pl a a this case be revive in easter term James and  adjudge for the plaintiff but the judgement be reverse in easter term James  for a defect in form post a see the case of Dudley v folliot term Rep and  Powel on contract croak James er p
case breas against BASPOOLE Trinity term will mary roll consideration pass not  traversable ante consideration pass be not traversable agree without much  debate on assumpsit c
case Brecon against newton if a inferior court refuse a foreign plea it be a  contempt of the superior court on a motion for a attachment it be declare by  the court that if a judge of a inferior court refuse any foreign plea without  any other ingredient it be a contempt to every superior court the plea be to  oust they of jurisdiction and to give it to the superior court and in this  case the party have be detain in prison illegal but discharge by the bailiff  it be refer to the master to make some satisfaction in order cost
case BREDIMAN against Bromley Trinity term Elizabeth roll a assize can be  maintain of a rentcharge whereof the grantee have seize by the hand of a  termor for year   light S more Chan Cas Chan Cas assize for a rentcharge  devise to he for life whereof he have seize by the hand of a termor for year  the question be whether this seize be sufficient to maintain a assize and it  be hold by all the justice that it be not a sufficient seize for it be a  payment only and not a seize for a lessee for year can bind or charge the  freehold coke chief justice give five several reason that it can not be a  seize to maintain a assize first in respect of the imbecility of the estate  which the lessee for year have second seize be always in the realty three a  lessee for year by his possession may take seize for he in reversion but he  can give seize and lessee for year baily or guardian may take seize but they  can give seize fourthly because it be remediless for tenant for year can make  a rentseek to be good which be not good videlicet to have remedy for it and To  give back dry land before seize be not asset five diverse inconvenience will  ensue if it shall be a seize but he do not show what Wherefore it be adjudge  for the defendant see the yearbooks of Henry pl Henry pl Henry pl ass Edward  pl n b Henry pl Henry pl Henry pl Edward verdict Edward pl Edward pl see Geo c
case Brereton against crying Euhan Michaelmas term Elizabeth in debt for  rentby husband and wife upon a lease by her and herfirst husband it be a good  plea that the first husband be sole seize and that she have nothing in the  land ante roll ab   light Com dig Com dig debt by Brereton a his wife against  that defendant for arrearage of a rend upon a lease for year make by the feme  and her first husband tot he defendant by indenture the defendant plead that  the ancestor of the first baron be seize in fee and that it descend to the  first baron and he be sole seize and so the feme have nothing at the time of  the lease make and thereupon the plaintiff demurrer in law Warberton sergeant  for the plaintiff move that this be not any plea for the lease be by indenture  the feme have the reversion by estoppel against the lessee and the defendant  can contradict it and say that she have nothing and in proof thereof uva cite  Henry pl and Henry pl but all the justice resolve that it be a good plea for  they say there be a difference betwixt Henry pl and this case for when two  join in a fine or matter of record croak Elizabeth he who accept of they be  conclude to say but that both give it but where it be by deed it be otherwise  for that can enure from one by way of interest and front he other by way of  estoppel for that can enure from one by way of interest and from the other by  way of estoppel for one deed can so inure to two intent also when two hoin the  othr and not by way of estoppel but here this can neither be a estoppel nor a  confirmation for the deed be utter void as to the feme she be covert as Edward  pl Edward pl and Henry Br faits enrol and it can be a estoppel because a  estoppel ought to be mutual on both part a a deed of a feme covert can estop  her and the deed can bind her to any effect wherefore it be adjudge for the  defendant
case BRETENHAMS case Norfolk in the thirtyfirst year of Henry indictment for  say that a pretender to the throne will seize the crown c William bretenham  noble indictatur pro proditoriis word videlicet quod Richard Dux Eborum extra  earth Scotland infra quindecem die tunc proxime to follow to come et crown  speech domini king de eoden ring to take away et mock super caput the same  leader infra shorten to put down facerit nota in margin indict such trespass  irregular contempt et alian offence yet indict be proditory to speak c
case brett against WHITCHOT a grant from the king exempt the land grant from  the charge of repair the highway do not excuse parishioner from that statute  duty require by the highway act SC comb   light Inst   I vent sand Mod Mod Mod  stram stram ld ray ld ray t term Rep replevin the defendant avow the take of a  cup as a fine for a distress towards the repair of the highway the plaintiff  reply and set forth a grant from the king by which the land which be  Chargeable to send man for the repair c be exempt from that duty and the  defendant demurrer the question be whether the king letter patent be  sufficient to exempt land from the charge of the repair of the highway which  by the statute of Philip and mary and other subsequent statute be Chargeable  to send man for that purpose by Geo e all former statute relate to the repair  of the highway be repeal and the law reduce into one Act a and it be argue  that such letter patent be not sufficient because they be grant in this case  before the make of the statute and so by consequence before any cause of  action and to prove this a case be cite to this purpose in Edward pl where a  action be bring against a hundred for a robbery upon the statute modern er p  of Edward c and the bishop of Litchfield plead a charter of Richard the first  by which that hundred which be hold in right of his church be exempt c but it  be hold that this charter can not discharge the action because no such action  be give when the letter patent be make but long afterward Inst b judgement be  give for the avowant
case brett versus marsh June in court Lord chancellor Eq can ab pl S c a  creditor by judgement and also by bind receive pound in part of the purchaser  of the estate of the debtor but give no notice that he will apply it to the  bonddebt it shall be apply towards satisfaction of the judgement on exception  to a master report to who the account in question be refer it appear the  defendant be a encumbrancer by judgement and have also a debt by bind and  receive of the purchaser of the estate in part but give no notice to the  purchaser that it be to be apply towards payment of the bonddebt the land be  purchase by the plaintiff of one sharp the original debtor in the judgement  and bind in question and at the time of the purchase it be agree that pound  part of the purchasemoney shall be pay to the defendant in discharge of his  demand on the premise and the same be accord pay and it also appear that the  defendant have write a letter which be state in the master report which the  court consider so word as to imply the intention of the defendant that the  pound shall be take to be pay towards satisfaction of the judgmentdebt r l per  cur it shall therefore be apply towards satisfaction of the judgement the  pound be part of the purchasemoney by the article of purchase it appear that  sharp have agree that certain land therein mention shall be settle as a  collateral security for secure the purchase premise from all precede  encumbrance it be also decree that the plaintiff shall assign over such  collateral security to the defendant free from all encumbrance by plaintiff as  a further security for the money remain due to defendant Reg lib a fol vide  Heyward v Lomax ante and case there cite perris v Robert ante
case Bretton against prat Hilary term Elizabeth roll a award of a lease for  life with remainder to a stranger be good for the particular estate but the  plead must name where it be make Leon     wood con salk debt upon a obligation  condition for the performance of the award of I S to he make c the defendant  plead no one fecit arbitration the plaintiff show that such a award be make  that he shall make a estate of such land to the plaintiff for life remainder  to I S a stranger in fee and it be thereupon demurrer et per curian although  this award he void as to the remainder to a stranger yet it be good for the  particular estate and ought to be perform but because there be not any place  mention in the replication where this arbitrament be make and which be  issuable it be adjudge against the plaintiff upon general demurrer for it be  matter of substance
case brewster against sir thomas parrot debt do not lie for rend upon a expire  lease   dig Bac ab the case be lessee for life make a lease for year render  rend and after surrender to the lessor upon condition the lessee for year take  a new lease for year of the lessor the lessee for life perform the condition  and put out the lessee for year who reenter and the lessee for life bring debt  for the first rend reserve and rule it do not lie for the lease out of which  it be reserve be go and determine
case brewster against wield a to know facias may be sue by any person who be  prejudice by a patent as well as by the king in what manner a to know facias  out of chancery to repeal letter patent shall be return to know facias out of  chancery returnable in the queen bench to repeal letter patent of the rectory  of Aldgate it be move that the sheriff may return his writ and here it be  resolve that if letter patent be to the prejudice of another be may have a to  know facias upon the enrolment thereof in chancery to have they repeal as well  as the queen may as if a fair be grant to the damage of I I may have a to know  facias to repeal such grant and they seem likewise to hold that a to know  facias upon a record in chancery be not returnable here but clear after a writ  issue out of chancery returnable in another court that court into which it be  returnable have jurisdiction of it and not the chancery nor can the chancery  supersede such writ but all the irregularity both in issue it out and in the  return of it be sole examinable in the court in which the writ be returnable  which if the writ be legal will bold plea upon it but otherwise will quash it  but the modern motion be the quarto die post all which day the sheriff have to  return the writ the court will not make a rule modern er p the same motion be  make the next day the court be inform that the chancery have supersede the  writ whereupon in some beat they rule the sheriff to return it or to return  the supersedeas if he depend on it that it will excuse he the day after the  sheriff have get the writ back from the chancery return it to know to make and  bring it into court
case brice case a general warrant in which no specialcause of commitment be  show be void ante see also car c S and Lord canden opinion on it saint Tr and  hawk ch S and ch S Brice be commit by the earl of Denbigh bring his habeas  corpus and it be return that he be commit to the gaol of oxon by the say earl  to remain there without bail or mainprize until he be deliver by the justice  in eire it be order that he shall be bail for twelve day and that in the  interim they shall amend the return for the return be general and no special  cause croak car er p show it be hold to be absolute void and if the return be  not amend and good cause show at the day it be order that he shall be absolute  dismiss
case BRICKWOOD against fanshaw Hilary term will and mary roll the James c that  a attorney shall deliver a bill do not extend to inferior court SC Carth SC  salk case for fee as attorney and solicitor in several cause for the defendant  both here and in the borough court of maiden in Essex the defendant plead the  statute a Carth b in the Michaelmas term follow the court give judgement for  the plaintiff as to that part take from the servant who be swear SC Carth and  for the defendant as to that part of the money which be take from the Quaker  SC post SC salk for although the money be take from the constructive  possession of the master so as to enable he to bring the action yet in order  to maintain it the servant must be swear SC Mod but by Geo c shower KB er p of  James c that no bill be deliver under hand a demurrer and per curian hold to  be out of the statute because it do not extend to inferior court and judgement  for the plaintiff vide Allen that it do not extend to case upon a special  promise
case bridge against saer a prescription to have common for sheep be support by  a find that it be for sheep and also for cow S C show SC Carth SC Mod trespass  for impound of his sheep the defendant justify the take and impound for damage  pheasant the plaintiff in his replication prescribe to have a common for sheep  and the prescription be traverse the jury find that the plaintiff have common  for sheep and also for cow a objection be make that this verdict do not  maintain this prescription because it be large than it be plead but it be  adjudge for the plaintiff
case bridge against the parish OF saint Marylebone order of bastardy on  certify a order of justice upon the statute Elizabeth c a exception be take to  the order that the judgement ought to have be that inasmuch as they have order  he to pay the motley and he have refuse to pay then to commit he but in this  case it be that they order he to pay so much and in case he refuse then c holt  chief justice say the Act direct in what manner the money shall be levy that  be first a order or a judgement that he be in arrear then if he make a actual  refusal a award of a distress and if upon a return that he have nothing to be  distrain by then a commitment the court confirm that part of the order relate  to his payment of the money and quash the order for the commitment nisi in a  week
case bridge case indictment of forcible entry ante   light show Com dig hawk p  c bridge and other be indict pro eastern quod they enter into such land to  step out book property of I S et manu strong seize he and because the  indictment a see the case of read v Brookman easter Geo that a deed may be  plead as lose by time and accident without profert term Rep a but the James c  which make witchcraft a capital offence be now repeal by Geo c and all  pretender to witchcraft be punishable b that fine pillory and imprisonment see  also the vagrant Act Geo c croak James er p be not thus far to step out book  property and to step out book property may refer to the time of the indictment  and not to the entry therefore the indictment be adjudge to be ill and be  discharge
case bridget bailys case service for one entire year though by different  contract be a good service for a year S c salk S c Sett Rem Bridget Baily  before the twentyfifth of march be a settle inhabitant in the parish of  Overton in Hampshire and then about the say twentyfifth of march she contract  with John Orpwood of Steventon for twenty shilling to serve he from the say  twentyfifth of march to the Michaelmas follow which she accord do and then she  make a new contract with he to serve he for a long time by virtue of which she  serve he for a long time from Michaelmas until the April follow and it be hold  that though there be not a entire contract for a twelvemonth yet there be a  service for a twelvemonth it gain her a settlement accord to the will c a
case BRIGATE against short ejectment on a demise Oct James and that afterward  videlicet the say day Oct and above speech be good ante post Bulst side cro  Elizabeth Mod see Carth ejectment of a lease October James et quod postea  scilicet eoden die october and say in addition to he eject he after verdict  for the plaintiff it be move in arrest of judgement that this ejectment be  allege to be a year before the lease be void anon ill and no judgement ought  to be give and Tanfield be of that opinion for there be not any such year  mention of de year James and then there be not any year when the ejectment be  but Fenner William and Yelverton e contra because the word be postea scilicet  eoden die october and therefore there need not any year to be mention and the  addition of a year which be not mention before and which be repugnant to that  day which be mention be idle and shall be take for null et postea the same day  shall be good enough wherefore it be adjudge for the plaintiff
case bright against hubbard Hillary term Elizabeth roll a copyhold surrender  to the use of the will on a devise to a wife for life with liberty to sell the  reversion for the payment of debt be good Leon Gilb Ten I S seize in fee of  copyhold land devise it to his wife for life and that she shall sell the  reversion for payment of his debt and after in court do surrender the land to  the use of his wife for life accord to his will and deed the question be if  the wife can sell the reversion and adjudge she may for he have make his will  before and devise it in such manner as aforementioned and after surrender it c  and refer it to his will this be to he intend accord to the intent there limit  and appoint and she surrender it upon condition to pay twelve pound this be  hold a good sale accord to the will
case bright against Metcalfe a bill to he pay as I pay my other creditor must  he declare upon special cro James debt upon a bill of five pound which have  these word to he pay as I pay my other creditor the plaintiff declare general  that he be indebt to he in five pound solvendo upon request the defendant  demand oyer of the bill and it be enter in hcec word and plead a insufficient  matter upon which it be demurrer and this exception be to the declaration for  variance from the bill for he ought to declare special accord to the bill and  of this opinion be the whole court except Fenner who be of opinion that the  word to he pay as he pay his other creditor be void and it be Payable  immediate upon request as Edward solvendo to a stranger be void but the other  hold contra and it be adjudge for the defendant croak Elizabeth er p
case bright versus uvoodward eoden die Eq can ab pl S c Ch can S p after a  suit against a executor in this court he shall not be allow payment make  voluntary without suit on exception to a master report Lord chancellor be of  opinion that after a suit commence here a executor shall not be allow any  payment make voluntary without suit in this case the master have certify that  the defendant have pay a debt of pound to Thomas bright his coexecutor but  since the bill exhibit and therefore desire the direction of the court whether  it ought to be allow upon debate of the matter his lordship declare the say  debt ought to be allow the say Thomas bright be a executor and may prove the  will and retain sufficient to satisfy the same Reg lib a fol vide Solley v  Gower post vol contra in the case of legal asset goodfellow v Burchett ibidem  Darston v earl of Orford other pre Ch and it seem now settle that executor in  equity as well as at law may prefer any creditor in equal degree but that  executor will not be permit to pay a bind creditor without have give he  judgement in the case of a bill file any more than in the case of a action  wear v Danvers p wms Robinson v tongue p wms and note d there a decree in  equity although it can be plead at law be equivalent in the administration of  asset to a judgement at law morris v bank of England Forr et vide tollers law  of executor p Fonbl Tr Eq book part Ch S Harding v edge ante but a executor  where he have legal asset may pay debt of a high or as high a nature after a  decree quod to sum up though not after a final decree mason v William salk a  commissioner may be a witness but then he ought to be examine before any other  witness be examine
case Brightman against Keighley if a executor release a account so much as  appear due thereon shall he asset post hob godb and Leon   b I Com dig Bac ab  vern wood con what word will constitute a executor post go bro ex dyer in  marge more leo roll Abr leo debt against the defendant as executor to I S he  plead full administer c upon a special verdict it be find that I S make the  defendant his executor be then within age and thereupon the ordinary commit  administration to a and b who administer and that they have in their hand when  the defendant come to his full age of the good of the testator six hundred  pound and the defendant at his age prove the will and then release to a and b  all action and it be adjudge it be asset Anderson c j the doubt be because it  be uncertain what he release and for that only a account lie but here the  certainty appear by the verdict periam say if a executor do release a account  and it be not certain what he shall recover it be not asset but if it can  appear or he prove that so much be due it be asset for the law presume he have  receive so much as he do release and the plaintiff have judgement notam Rhodes  justice say that in Elizabeth t be rule that where one make his last will and  by it do will that none shall have any deal with his good until his son come  to the age of eighteen year except I S that by this I S be executor during the  minority of the son and that it have be adjudge that whereas one upon his  deathhed say to his wife that she shall pay all and take all by this she be  executrix croak Elizabeth er p
case BRINGLOE against morris if a lend his horse to b to ride to a particular  place b can give licence to another to ride but if he hire the horse he may  let another ride it S C salk stram ld ray term Rep trespass for immoderate  ride the plaintiff mare the defendant plead that the plaintiff lend to he the  say mare et freedom devoted to eiden equilare upon the say mare and that by  virtue of this licence the defendant and his servant allernatim have rid upon  the mare the plaintiff demurrer sergeant Skipwith for the plaintiff the  licence be personal and incommunicable as Henry pl Henry pl the duchess of  Norfolk case Edward pl sergeant Newdgate contra this licence be give by the  party and not create by law wherefore no trespass lie   the court the licence  be annex to the petson and can be communicate to another for this ride be  matter of pleasure north chief justice take a difference where a certain time  be limit for the loan of the horse and where not in the first case the party  to who the horse be lend have a interest in the horse during that time and in  that case his servant may ride but in the other case not a difference be take  betwixt hire a horse to go to York and borrow a horse in the first place the  party may set his servant up in the second not a the objection be that the  defendant plead licence for the take but give no answer to the immoderate ride  and the court adjudge the plea good the take be the get and the ride only  aggravation of the trespass S C salk a easter term the twentyeighth of Charles  the second in the common plea sir Francis north Knt chief justice sir Robert  Atkins Knt sir Hugh Wyndham Knt sir William Ellis Knt justice sit William  Jones Kilt attorneygeneral sir Francis winnington Knt solicitor general
case BRINSBY against gold action pen in a inferior court no plea in bar to a  action in superior court for the same cause Indebitatus assumpsit for  horsemeat the defendant plead a action depend in the sheriff of London court  for the same cause and hold no plea because a action pen in a inferior court  be no bar to a action in a superior court for the same cause a
case briton against Buckworth to know facias against a administrator debt on a  bind in the court of common plea against a administrator who waste good and  die intestate leave good to the value of five hundred pound and debt of his  own to that value a to know facias be bring upon the new statute against his  administrator and he plead payment of that five hundred pound for debt on  simple contract of his intestate and hold good and judgement for the defendant  because the waste be the charge and that be of no high a nature and by that  statute he be to be in the same case with his intestate and he may have pay  his own debt therewith
case BROADWAITE against blackerby and Perkins bill can be file against a  attorney in vacation S c salk move by Northey that the defendant may not be  oblige to plead because one of they be a attorney and the bill be file against  he in the vacation whereas it shall be in term time for you must declare  against he as present in court to which the court agree Mr Ashton and sir  Samuel Ashtree certify the practice to be so and that it be never use to file  a bill in vacation for to be a bill of a subsequent term the bill must a Leon  a   a modern report er p be file to sit curian the last day of the term for it  be too late after the court be up holt chief justice if file in vacation it  can be a bill of a precedent term for that be pass and the other not come a  and then holt chief justice mention another fault that in this case a bill  shall not have be file against he but he shall have be declare against as in  custodian for when you proceed joint against a privilege person and one not  privilege you must declare against they all in custodian for in a joint action  the privilege modern report be lose as in the common plea if you have a action  there against a attorney and another you must take out a original against both  and sir Samuel Ashtree certify that it be never do nor can be do to declare  against one in custody and the other present so the court give they leave to  strike out what they will so they do not add anything and say that if the bill  be irregular file it may be take off of the file et adjournatur
case broadway versus morecraft at the roll a covenant in a mortgage that at  the end of every year if the interest be not pay within three month after it  become due it shall bear interest be a void covenant or that on nonpayment of  the interest at the day it shall be turn into principal and bear interest or  that in default of payment the interest shall be advance from pound to pound  per cent or to pay per cent but if the money be pay at the day to pay only  pound and there be no difference in reason between the two last covenant vern  in a reversion be mortgage and the mortgagor never pay the interest money in  the mortgagor and mortgagee come to a account of what be due for principal and  interest and a new mortgage be make for the whole with a covenant that at the  end of every year if the interest be not pay within three month after it  become due it shall bear interest master of the roll this be a void covenant  and the mortgagor may redeem on the common term in the case of Lord strutton  and mere Lord Harcourt set aside a covenant that on nonpayment of the interest  at the day it shall be turn into principal and bear interest and in the case  of Mitchel and pollexfen the covenant be declare to be void that on default of  payment the interest shall be advance from five to six per cent and mosely  report though heretofore the court make a difference between such a covenant  and a covenant to pay six per cent but if the money be pay at the day to pay  only pound yet that distinction have be long out of door and both covenant  have be set aside in equity and though all these be case of mortgage in  possession yet that will make no difference for the mortgagee know his  security be only a reversion and think it sufficient and he may have bring a  bill of foreclosure or put the bind in suit this case be affirm on appeal by  Lord king Friday December the that motion
case Brockwell against lock the bailiff of the palace court of the bishop of  Rochester be not entitle to poundage under the Elizabeth c for execute a  judgement of that court S c salk debt by the bailiff of the palace court of  the bishop of Rochester for fee upon execution of a judgement in that court be  twelvepence in every pound for any sum under a hundred pound and sixpence in  the pound if above that sum and this be by virtue of the statute Elizabeth c  see Geo c a in which there be a proviso that it shall not extend to fee take  or have within a city or town corporate the plaintiff have a verdict and upon  a motion in arrest of judgement because of that clause in the statute it be  allege that this case be not within that proviso it be neither a city or town  corporate where the execution be make now the reason why execution fee be not  to be take in such place be because the jurisdiction be narrow the sheriff be  at less trouble and not so much in danger of a escape but here the  jurisdiction of the bishop be as large as his diocese and so not within the  like reason bailiff of franchise and liberty be name in the statute and the  plaintiff be such and the place not within the proviso he be entitle to this  action and it have be rule that where a bailiff of a franchise make execution  upon a to know facias he shall have his fee by virtue of this statue curian a  officer of a liberty shall have his fee for execute the process of this court  but it be never intend by the statute that he shall have any for execute  judgement obtain in inferior court therefore this judgement be stay
case BROGRAVE against watts detinue will lie for good take by a sheriff under  a sequestration from the court of chancery ante more Inst roll Rep light Rep  Ch Cas vern cro James Bac Abr Mod Totbil ba Abr Mod Bl Com Cowp see Geo c  detinue for good the defendant plead how upon a suit depend against the  plaintiff in the dourt of request a commission under the privy seal be direct  unto he out of that court be then sheriff of London to seize those good and  deliver they to the master of request whereupon he seize and deliver they  accord and it be thereupon demurrer and adjudge without argument for the  plaintiff for the commission be against law for if a man he sue in a court of  conscience and will not ohey his body be to he imprison and no commission  ought to be award for the take of his good wherefore c
case BROMEFIELD against SNOKE word per curium thou have no more but what thou  have get by cozen and cheat not aver that he be of any trade or that he have  anything be not actionable a a same point savage v robbery salk Tamlin v  Tamlin show Ludwell v hold stram Davis v miller and his wife stram Shinman v  Shellitto burr Rep Todd v Hastings sand so also to say you be a swindler be  word not in themselves actionable because the word swindler mean no more than  cheat Saville v Jardine h Bl Rep but such expression if write and publish be  libellous janson v Stuart term Rep modern report er p
case Bromfield versus WYTHERLEY ante vern vern Eq Abr S c Mod Mod salk atk  brown Rep S c cite and the distinction overrule ib S p a executor or trustee  insolvent at the time they place out money at interest shall if they make any  pay interest as they run no risk by of one who be in good circumstance in this  case a difference be take by my Lord chancellor that if a executor or trustee  of money place it out in the fund or on other security whereby he gain  considerable that he shall have the whole benefit thereof to himself in  respect of the hazard he run of be a considerable loser thereby which he must  have bear but if such trustee or executor be a insolvent person at the time of  place out such trustmoney there the Cestuique trust shall have the whole  benefit gain thereby as he only can have bear the loss thereof if any have  happen the trustee or executor by reason of his insolvency be incapable  thereof and consequent run no hazard at all under what circumstance a trustee  or executor shall be Chargeable with interest for money in his hand with brown  parliament case bro p c and ed earl of Lincoln v Allen
case brook against bishop in trespass quare enclosed space to break in pieces  on such a day and cut tree with a continuando the continuando be void and if  entire damage be give they shall be intend for such trespass as be well lie SC  salk SC salk SC holt SC ld ray trespass for break the plaintiff close and  enter into it tread his grass modern er p and cut so many tree to the quantity  of ten cartload and carry they away on such a day transgression pillage  continuando from such a time to such a time after verdict for the plaintiff it  be move in arrest of judgement that damage be entire and part of the trespass  do not lie in a continuandoSee side ld ray a and yet damage be give for that  too and though it be object that if it can not be continue no damage can be  give in respect thereof accord to the case of buller v Hodges lev side keb b  yet under this continuando several new act of trespass may be give in evidence  and so damage recover for they per curian the right way in trespass for repeat  act of trespass will be that on such a day and to visit other a day et turn  between such a day and such a day the defendant do so and so yearbook Henry  see also ld ray ld ray comb c but in this case the continuando be impossible  and therefore no damage can be give for it and the only mischief possible will  be that of give other act of trespass in evidence by pretence of it but that  ought not to be suffer and therefore not to be intend see the case of Clayton  v Gillam show in point d another exception be that the declaration be general  of easter term and yet it appear that the trespass be commit after the  twentyfirst of April which be the quinden Paschae but per curian that term be  adjourn by proclamation to the second return which be the twentyninth all  declaration shall refer to that and here the plaintiff have judgement
case brook against doughty Hilary term Elizabeth roll to say of another that  he be forswear in the court of request import perjury post cro James Com dig  action for word for call he a perjure person and that he be forswear in the  court of request and the he shall stand upon the stage the defendant plead not  guilty and it be find that he speak none of the word but that livre e be  forswear in the court of request and the question be if these word be  actionable?Coke move that for say a man be forswear no action lie and in Trin  Elizabeth hetween Herne and Haxe for say he be forswear in the court of  Whitchurch no action lie and in this term in the common plea hetween Samms and  Cowbolt which be enter Trin Elizabeth rot for say he have prove he forswear in  the queen bench no action lie but the ustices Wray be absent hold the action  lie and for the case of Whitchurch gawdy say the reason be because it be a  base court of which this court shall not take cognizance but the court of  request be a court of which this court shall take cognizance and in mich pound  Elizabeth the case be move again and by consent of Wray judgement be give for  the plaintiff but the damage be abridge notam Daniel show a precedent which be  Trin Elizabeth rot between foster and thorn a that for these word thou be  false forswear in the starchamber a action do lie a Leon croak Elizabeth er p
case brook against miller in trover demand and refusal be only evidence of  conversion error on a judgement in trover in a inferior court there be a  special verdict that the plaintiff horse come to the defendant hand and that  the plaintiff demand of he the horse and the defendant deliver he not but  refuse et si c and judgement be there for the plaintiff now resolve here that  the jury not have find any conversion the judgement ought to be reverse for  though demand and denial be evidence of a conversion and sufficient inducement  to the jury to find a conversion yet that of itself be not a conversion  judgement reverse a
case brook against rogers Hilary term James roll bough of decay tree above the  age of twenty year be not titheable more roll ab cro Elizabeth roll Rep W  Jones side keb palm lev Mod bunb Com dig Bac Abr prohibition for that a parson  sue in the spiritual court for tithe of bough of tree above the age of twenty  year surmise in his plea that the tree be plant resembling arum hole et in  height rotten and therefore pray consultation and upon this plea it be  demurrer it be allege for the plaintiff that in regard the tree be once  discharge from the payment of tithe the bough nor the body of such tree shall  never after be charge with the payment of tithe come of they and the statute  of Edward c be but in affirmance of the commonlaw this be agree to by the  court but they doubt of the principal case for gawdy and Daniel conceive they  be not now titheable because once they be not and the body be privilege so  shall the bough croak throw but Warberton and Walmsley doubt thereof because  the tree be riot for other use than for fire and bare not any fruit and it be  not waste to cut they down therefore they be titheable they all hold that tree  above twenty year growth which be timber although croak James er p the lop be  cut every ten or twelve year yet they be not titheable et adjournatur a
case brook against stroud if two executor sue it can be plead in abatement  that only one of they prove the will SC salk Yelv two be make executor and a  action bring by they they set forth that they be make executor and that they  both prove the will and by the probate produce it appear that one only prove  it and the matter be plead in abatement the plaintiff have judgement ouster  and the yearbook Henry be quote two be make executor one of they prove the  will they both have the right in they and the other can refuse until after the  death of he that prove but then he may if one of they be sever the other shall  go on
case brook against watson word not actionable more action upon the case and  declare whereas he be a alderman and a merchant in York and have always keep a  true debt book that the defendant speak of he these word he be a false knave  and keep a false debt book for he charge I with the receipt of a piece of  velvet which be false after not guilty plead and find for the plaintiff it be  move in arrest of judgement that a action lie not for those word Huhert for  the plaintiff move that the action be maintainable because they touch he in  his trade of live for in a merchant fidelity in his trade be requisite for he  many time buy and sell his ware upon trust a vide post where it appear that  judgement be give for the defendant upon a new objection croak Elizabeth er p  but all the justice hold that the action lie not for the first word he be a  false knave it be clear that a action lie not and for the second part that he  keep a false debtbook it be not actionable for it be not any discredit unto he  for it may be his servant keep it or that somewhat may by oversight he  misentered therein and it be not of necessity that every merchant shall have a  debtbook and by that discredit there be not any discredit to his trade as to  say of a counsellor that he misenters the name of his client in his book  videlicet the plaintiff for the defendant be not any cause of action but to  say that acounsellor give ill counsel or that a merchant be a bankrupt a  action lie because it touch they in their profession Popham also say that the  action be not maintainable because the defendant speak only of a grievance  croak Elizabeth unto himself by that false entry and not in general word to  discredit he for if he have say to other take heed how you deal with he for he  keep a false book then peradventure a action will lie because he draw other  customer from he therefore it be adjudge for the defendant
case brook against wheeler Hilary term Elizabeth roll Trinity term Elizabeth  roll a release of all action except one bind impliedly except all suit and  action concern it ld ray debt upon a obligation the defendant plead a release  of all action and demand in bar the plaintiff demand oyer thereof and a  exception of one bind be therein contain and the plaintiff reply that that be  the bind in suit and that the sum except and the person mention to be except  be all one and thereupon the defendant demurrer for action and suit be release  although he except the obligation yet it serve to no purpose but the court  resolve that the obligation itself be except all suit and action concern it be  also except and that the defendant have plead a release general without any  exception and upon oyer demand a deed be show without a exception the  plaintiff may have plead non be factum general vide Henry pl
case brook against wise Michaelmas term Elizabeth roll in slander the meaning  of equivocal word may he ascertain by the import of their context ante I roll  ab side cro James lev Carth palm ld raym action for these word thou art a  pocky knave get you home to your pocky wife her nose be eat with the pox I it  be move after verdict that the word be not actionable for it shall not he  intend by they that he be infect with the French pox and otherwise the action  lie not but all the court hold the action be maintainable for the word can be  otherwise intendable but that he have the French disease for it be to he  intend he be accuse to have the same disease which his wife have and that the  word purport that he have the French disease by say that his wife nose be eat  with they wherefore it be adjudge for the plaintiff
case brook infant against oliver the act executor to who the produce of a  estate in Antigua belong to a infant be consign be direct to account annual by  affidavit a lib Reg a foe a at the roll by consent that June plaintiff be  entitle to a very large real estate in Antigua and to a personal estate there  and in England under the will of Jonas Longford bring his bill against  defendant Oliver and other for a account and it be pray that Oliver who be the  only act executor and trustee in England and to who the produce of the estate  in Antigua be remit by the direction of the testator may account annual by  affidavit instead of the usual way which it be say will be a great save to the  infant estate and a precedent of such a decree be produce in the case of Blair  v drake lib Reg a foe this case be correct state in the text and the order in  the principal case be also correct that February where Lord Hardwicke direct  that the defendant drake and long shall account for the estate and effect of  the plaintiff Blair the infant and as often as any sum or sum belong to the  plaintiff the infant shall come to their hand by consignment ambler of effect  or remittance of money it be further order that the same be ascertain by the  affidavit of the say defendant and that after all just allowance deduct  thereout the defendant do pay the clear surplus on what shall so come to their  hand by consignment or remittance into the bank with the privity of the  accountantgeneral c thereupon his honour make the eke decree with this  addition at the instance of the plaintiff and by direct the account annual
case brook versus tailor at the chancellor house Lord chancellor by a order of  the Lord chancellor this case be state for the opinion of the judge of the  king bench John brook make his will in the word follow I give to my dear wife  all my personal estate with this condition to give to my three sister five  pound yearly mosely report er p for their life or the long liver present after  my decease and after my wife decease the same I give to my daughter mary wife  of Mr tailor with the same obligation to my sister and then after my daughter  decease to the fruit of her body but for want of such issue or fruit to my  brother and sister then live and after they to their child and the child of my  brother quaere whether the subsequent limitation after want of issue of the  say daughter body or any and which of they the wife and daughter of the say  John brook be dead without issue be good and to who the estate belong and the  judge certify their opinion in these word we be of opinion that John brook be  dead and mary his daughter be also dead without issue live at her death the  subsequent limitation be good and that the estate in question belong to the  plaintiff and this cause come now to be reheard the Lord chancellor upon this  certificate decree the estate to the plaintiff by the constant practice of the  court act of the court as a decree or order in another cause between the same  party may be read without a order mosely report Saturday July the that appeal  and rehear
case broom against hoar if a lessee assign part of the land demise a grantee  of the reversion shall have debt against he for the whole rend ante   a light  Rep dyer cro James sand lev debt for rend the case be that sir Christopher  broom let land foe Hore render rend who let to Wriglesworth the four part of a  acre and afterward sir Christopher broom grant the reversion to George broom  now plaintiff and he biought debt against Hore for the entire rend Tanfield  move that the action lie not for when the lessee grant his estate in part and  the lessor grant all the reversion of the entire the privity thereby for that  part which be grant over be utter destroy croak Elizabeth and no action as to  that part lie against the first lessee as in the case of hTumble v glover  adjudge in this court and the action be go in part be go for the whole  Stephens contra because the entire estate remain in part of the land and so  the entire privity and action remain for the whole against the first lessee  and so be Henry Rysdens case and ass and all the court be of that opinion it  be afterward move by Tanfield that here be a croak Elizabeth er p suspension  of the entire rend for it be allege and confess that the plaintiff enter into  that part let to Wriglesworth and then that be a suspension of the entire rend  but the court say that this entry be it lawful or tortuous be by the command  of Wriglesworth vest all in Wriglesworth and he be but servant to Wriglesworth  and nothing thereby vest in the plaintiff and therefore here be not any  possession in he wherefore it be adjudge for the plaintiff
case broom against Holford amendment action upon a penal statute and the sum  mistake in the declaration and leave give to amend it the writ be general
case BROTHEROW widow of I Brotherow vers hood in scacc in case a husband die  before a legacy become Payable to his wife it be in the nature of a choose in  action which will survive to the wife Eq Abr pl SC Com dig title baron and  feme f Forr this be a bill for a legacy of devise to the plaintiff by the will  of Jos mill in when she shall attain the age of twentyone she attain that age  on the that of February but before that time have marry one Brotherow who be  dead and the bill be against the defendant as executor of the testator who  deny asset but it be object that the executor or administrator of the husband  ought to have be a party for the right vest in the husband who may release it  say non allocatur for the husband die before the legacy be Payable it be in  the nature of a choose in action which will survive to the wife and although  the husband may possible have release it yet that shall not be presume and if  it have be so the defendant to who the release must be give may make it appear  if the husband in this case have have a decree for the legacy and have die  before he receive it it will have go to the wife this be determine in the case  of nanney v Martin Ch Cas Ch Rep
case brown against Adam Trinity term Elizabeth roll a sheriff bind take by a  stranger in a different county from that in which the arrest be make be void  by duress but it be not within the Henry c Jones Com Rep salk Bac ab t Rep  debt upon a obligation condition that if one Tovie appear before the justice  of the common plea that then c the defendant plead that one Wbystler pursue a  capias out of the common plea which be deliver to the croak Elizabeth er p  plaintiff be sheriff of Oxford who make a warrant to the bailiff of the  hundred of h to be be the say Tovie and that one I S put in his own name as a  special bailiff to arrest the say Tovie and that the say I S by colour of that  warrant arrest the say Tovie at d in the county of oxon and carry he to W in  the county of Herks and there detain he until the defendant and the say Tovie  enter a bind to the plaintiff as sheriff of the county of oxon for the  appearance of Tovie so the bind be void by the Henry c the plaintiff demurrer  and it be adjudge croak Elizabeth that the plea be ill for although this bind  be make by duress as all the court agree and that the defendant may well have  plead it and rely upon it yet it be not within the statute and the defendant  be not aid thereby for Tovie be never in the sheriff custody after the arrest  and the bind take out of the county be b duress but not within the statute  wherefore it be adjudge accord
case brown against averie the word whore and old whore be of spiritual  cognizance prohibition be move for to the ecclesiastical court for a libel  there for the word whore and old whore for that in the common plea they  constant grant prohibition in such case but in the king bench they deny it  though a action in London lie for those word a because the suit spiritual be  only pro reformation morum and no damage be recoverable there b beside that  there be two sentence in the suit there videlicet one in the consistory court  below and another upon a appeal before the delegate after which if they have  any jurisdiction no prohibition lie smith v Poynderil cro car after admittance  of their jurisdiction there ought not to be a prohibition beside for word  shower KB of this nature prohibition have be deny as of or to a woman thou art  a Welsh jade with a averment that jade signify whore and a prohibition be deny  pew v Jeffries cro so for cuckoldi knave it have be deny and so for these word  old bawd old whore it have be deny and in the principal case it be deny upon  solemn debate
case brown against brown a sister of the halfblood shall have equal  distribution with one of the wholeblood SC Carth motion for a prohibition to a  suit in the court Christian by a sister of the halfblood to have distribution  as next of kin Mr dobbins urge that the case in brook abridgement have be  explode and deny but it be answer that this be quietan to move for this have  be settle in the case of Perkins v story and hold that they be in equal degree  shower KB for administration so in smith v Tracey Mod and brown v wood Allen  there be the same nearness of blood there be no difference in degree and a  prohibition be deny per totan curian on debate a
case brown against BURLACE temple no privilege place S c skin S c salk case  for rescue Burlace who be arrest by the sheriff of London officer in the  middle temple it be move that the inn of court be privilege as appear from  Dugdale a and because that the temple be out of the city of London as may be  see by stow survey but per holt chief justice though the temple be not within  the city of London yet it be within the county of London as appear for that  all felony commit in the temple be try in the old Bailey and every place in  England must be within some county place may be extraparochial but not out of  county former black friar be not within the franchise of the city yet it be  and always be within the county of London bailiff indeed shall not come in to  disturb people when they come to their counsel or to enter into chamber to the  disturbance of study or danger of paper and evidence that be frequent in  counsel hand but then the way be to submit to the process of law and to apply  to the judge who will redress abuse of that kind by lie bailiff by the heel  but there be no pretence to extend this privilege to shelter ill people as in  this case Burlace come from modern report GraysInn but have no certificate  from the treasurer as shall be in all case of removal beside no exemption be  good without set up a jurisdiction to do justice let the defendant find  special bail b
case brown against coombs a attorney can be bail a objection be make against  the bail in this cause for that it be against the rule of this court to take a  attorney bail the court it be very true there be such a rule a make in  Michaelmas term dougl a but the intention of make it be that a attorney shall  not be take as good bail mere by his be a attorney but when he be responsible  and justify and be a housekeeper then though he be a attorney he be good bail  b but by a rule of the court make in Michaelmas term Geo No attorney shall be  admit as bail in any action depend in this court and this rule have be extend  to attorney clerk Bologue v Vautrin Cowp and the same rule and decision have  be make in the common plea longing v Cundale h Bl Rep but this rule do not  apply to criminal case king v bow dougl notorious facts and if a attorney or  other person not permit to become bail be put into a bailpiece and not except  to the plaintiff can take a assignment of bailbond and proceed as if no bail  have be put in Thompson v Roubell easter Geo see Jackson v trindle Bl Rep but  if object to he can justify dougl b
case brown against cutler see SC sub nom Luxford v cheek lev e r with note on  a devise to his wife for life if she do not marry and if she do marry then to  his son and the heir of his body with remainder over the remainder be not  contingent but vest in the son to take effect in possession upon the death or  marriage of his mother SC raym ejectment special verdict devise to his wife  during her natural life if she do not marry and if she do marry then present  to his son and his heir of his body and if he die without issue then to I S  the question be whether the estate to the son be contingent and argue by  winnington for the plaintiff and sander for the defendant and now adjudge by  the court that the wife have a widow estate and the remainder not contingent  for that they shower KB take it plain to be the intention of the devisor that  his wife shall have it for b er life if the other shall have a estate tail per  Jones dolben and Raymond justice a
case brown against DAUKES word actionable action for word thou art a pillory  knave rememher brown thou shall have be set on the pillory and the plaintiff  have judgement though it be not say he be set upon the pillory b croak  Elizabeth hilary 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 attorney general sir Thomas Egerton Knt solicitor general
case brown against dyer customary descent guide by the rule of commonlaw S c  ante S c holt dyer seize of copyhold land in fee in nature of burrow English  surrender to the use of himself for life remainder to his wife for life  remainder to the heir of their body per curian when a copyholder surrender to  the use of himself for life remainder to the wife for life remainder to the  heir of their body although there be no admittance pursuant to this surrender  the son shall have a feesimple for his father estate continue in the same  plight c the court seem clear that the customary descent shall be govern by  the reason and rule of the commonlaw a see reeve v malster cro car S c Jones  clement v Scudamour Peer wms Mod ld ray salk and den on the demise of Goodwin  v spray term Rep a
case brown against dyer if a copyhold be surrender and a fine assess but no  admittance the heir of the surrendee have no title S c ante S c post S c holt  in the case of a surrender to the use of a the land be find to be surrender  into the hand of the lord himself in full court and that the lord assess a  fine upon the surrendee but never admit he a that a surrendee may compel the  lord to admit by mandamus see king v Troward term Rep a adjudge per totan  curian that the heir of the surrendee have no title for that the title of the  surrendee be whole by the copy of the courtroll make from the entry upon the  courtroll which before admittance can be b see tailor v Wheeler vern Woollams  v Clapham term Rep b but in case of a dissent the heir may surrender before  admittance because he have a title by dissent c   dyer Noy more Leon cro car  cro Elizabeth cro James Mod c but the lord in this case shall have a fine d  that the lord be not entitle to the fine until after admittance see term Rep d  modern report er p
case brown against full a plaintiff executor must plead the probate of the  will with a profert post cro Elizabeth dougl in notorious facts error of a  judgement in the common plea the error assign be that in assumpsit bring as  executor although he show himself to be executor to he to who the promise be  make yet he say not will hic in curian prolatum the defendant plead non  assumpsit and find against he and judgement accord and this be assign for  error be hold to be matter of substance and not of form only and be therefore  reverse
case brown against GULLOCK in debt on a bind for foreign money must declare of  so much English value ante in debt upon a bind for four hundred godies east  India money the plaintiff declare for one hundred and eighty pound and it be  object that they ought to make their declaration accord to their lie holt  chief justice they must demand English money and not foreign money and they be  to value it accord to the value it bear here in England but if a man will  bring a action for foreign money it must be detinue a see Villan v Handley  will a see the case of vigors v aldrich burr and Jaques v Withey term Rep  modern report er p
case brown against Hancock in assumpsit if it appear by the declaration that  the cause of action do not arise within six year the action can be maintain  hetley vent lev Com diamond Doug term Rep assumpsit after verdict for the  plaintiff it be move in arrest of judgement that the promise be allege to be  make beyond the time limit in the statute of James c and the action be not  bring within the time limit thereby all the court hold that if it appear so by  the plaintiff own show that the action be not bring within the time limit by  the statute the plaintiff can maintain his action but judgement shall be give  against he or if the contract in the assumpsit or debt be allege to be within  the time limit by the statute and upon non debet or non assumpsit plead it  appear upon the evidence a that the assumpsit or contract be beyond the time  limit the action lie not and the defendant shall take advantage thereof if it  be special find by the jury for the statute be in the negative that he shall  not maintain such a action but within the time limit by the statute but in the  principal case it appear upon the view of the record that the action be bring  within the time limit and therefore it be adjudge for the plaintiff a say vide  bull n p that the statute must be plead say vide post contra croak car er p
case brown against JERVES Trinity term James roll a devise of house and land  to a and his heir and if he die without issue a devise of the house to b and  also a devise of the land to c convey a remainder only and not a immediate  estate to c post Yelv cro car cro Elizabeth lev Com dig ld raym Cowp dougl  term Rep trespass upon a special verdict the case be that William brown be  seize in fee of land in Reculver Edington and ham hold in soccage have issue a  son John brown and two daughter and have a brother Roger brown who have issue  three son videlicet Henry Matthew and William devise all his land to John his  son and his heir and if he die without issue he devise his land in Reculver to  Matthew his nephew in fee item I devise my land in ham to Henry my nephew in  fee and the question be whether that be a good devise to Henry brown by way of  remainder after the death of John without issue or a immediate devise to Henry  and a countermand of the devise to John as to those land for John devise those  land and die without issue and between the devisee and Henry be the question  and it be resolve that it be a limitation by way of remainder to Henry and no  countermand for the word item I devise c shall be construe that if John die  without issue then the land shall remain as the devise be make to Matthew and  the first limitation to John be as to he and his heir of his body and no fee  and so all the clause of the will stand together wherefore it be adjudge  accord
case brown against Pendlebury Trinity term Elizabeth roll debt will lie for  the arrear of annuity by deed as a contract and thus far aretro step forth be  well enough to show it be in arrear ante post Bulst Mod Bac ab Bac ab debt for  that the defendant Aug Elizabeth rant to he a annuity of five pound per annum  for two year Payable at Michaelmas or within sixteen day after and declare  that it be behind at Michaelmas et thus far aretro step forth upon this  declaration it be demurrer first because it be not aver that it be arrear  sixteen day after Michaelmas say non allocatur for it be allege that thus far  aretro step forth which be long time after the sixteen day pass it be well  enough second that debt lie not for this annuity during the two year but a  writ of annuity curian contra that debt lie be a grant for year for it be by  ithe deed as a contract
case brown against saint John innuendo action for these word you have commit  burglary in break his house innuendo the house of one Hennet and steal his  goods  After verdict it be move that a action lie not for the break of a house  may he as a trespass and not felony and he do not say who house he break but  by the innuendo which be not sufficient so it be uncertain and it be therefore  adjudge that the action be not maintainable
case brown against shore the car c vest a intestate effect in those who be  entitle to distribution at the time of his death SC post SC holt SC comb Mod  Mod vern Carth Com dig motion for a prohibition on this suggestion that the  administrator of one die intestate before distribution sue for that party  share and that no right be vest but only a power and direction to the ordinary  to distribute and consequent it must be to the next of kin at the time of the  decease and not at the time of the distribution the court incline that it be a  right vest but to settle the point they direct they to declare and the other  to demurrer and accord they do a
case brown against street word not actionable action upop the case for word  whereas the plaintiff be the last year sheriff of the county of Northampton  and be discharge from his office a writ issue out of the exchequer direct to  the Sher ff of the county of Northampton to attend and execute croak Elizabeth  certain service for the queen which writ be deliver to the defendant to  deliver to the say sheriff which he not deliver the plaintiff thereupon send  one Whiteacres his servant unto he for the writ to deliver it unto he or that  he himself will deliver it to the sheriff that the defendant say unto he your  master must not look to have such huddle and shuffle up of matter this year as  he have the last year  After verdict upon not guilty plead it be find for the  plaintiff and upon motion in arrest of judgement resolve that the word be not  actionable and adjudge for the defendant
case brown against the corporation OF London a freeman of a corporation  disfranchise without have be summon can be examine as a witness in a cause for  a toll claim by the corporation upon a issue join upon a prescription for a  toll the defendant produce a witness the plaintiff object that he be a freeman  and so interest upon which the defendant produce a judgement in the mayor  court where upon a to know facias award and two nihils return they have give  judgement of his disfranchisement but upon inquiry the man say be never be  summon and know nothing of his disfranchisement therefore the proceed be  irregular holt chief justice will not admit the man to give evidence because  the judgement in the mayor court may be avoid in this case it be likewise say  by holt chief justice that a man who use a way may give evidence whether a  toll have be pay and so in the case of a nuisance but if he contribute  anything towards the carry on of the suit he can be a witness a king v city of  London lev S c show king v carpenter show Somerset v France stram Wallin v  Shelly term Rep bend v baker term Rep a
case brown against worsely Trinity term Elizabeth roll damage several assess  for call another a whore and a thief and the judgement affirm as to the one  and reverse as to the other post roll ab   a   b cro James dougl error of a  judgement in the common plea in a action for word videlicet thou art a whore  and a thief for thou have poison your husband upon not guilty plead the jury  find against he and assess damage for the first word six pound six shilling  and eightpence and for the other word twenty mark these damage be several f  ssessed by the advice of the l c I Anderson before who it be try and thereupon  several judgement be give for the damage and upon this error be bring for the  word will not maintain a action for the first word suit for they be to he in  the spiritual court and no remedy for they at commonlaw and as foe the second  word although the word thief will maintain a action yet croak Elizabeth the  word subsequent will not maintain the former but mich pound Elizabeth the  judgement be affirm that a action lie for the last word but for the word thou  art a whore no action lie and as to that the judgement be reverse
case brown and his wife against gibbons in a action for word lie with a  special damage the plaintiff shall have full cost though the word be not  actionable and the damage under forty shilling S c salk SC ld ray a action on  the case be bring for word speak of the wife of the plaintiff videlicet mrs  brown be a whore whereby the husband lose his customer and a verdict and under  forty shilling damage the question be whether there shall be more cost than  damage and it be say that this be not damage for the word but for the  consequential damage which as be urge be not within the statute car c and it  be say to have be adjudge that in a action bring by a master for a battery of  his servant he shall not be hold low in cost by reason of the lowness of  damage decide accord in peak case keb for trespass for beat a servant per quod  slavery to send away be not proper a action of assault and battery but a  action ground on the special damage sustain by the loss of service and  therefore not be within the statute car c S the plaintiff be entitle to full  cost without a certificate see also Anderson v Buckton stram bachelor v big Bl  Rep SC will a and so it be say to have be hold in a action for slander a man  title law v Harwood cro car Jones palm b and the court agree to the diversity  between a action for word action modern er p able in themselves Topsal v  Edward cro car Philips v fish Mod carter v fish stram ld ray c and a action  for word actionable by reason of consequential damage bury v very ld ray  surman v Shellito burr baker v hearne b r h collier v galliard black Rep d and  here judgement be enter with a blank for cost which the court be offend at for  it can not be fill afterThe court hold that this action be not a action for  slanderous word within the meaning of the statute James c S for the special  damage be the get of the action and therefore the plaintiff have full cost SC  ld ray see also bass v Hickford andr Mitchel v Younghusband barn e
case brown v Higden march the that it be a constant rule that matter  subsequent to the original bill must come by way of supplemental bill and  revivor note see Jones v Jones post vol a original bill be bring by a creditor  against mrs Higden as administratrix of a who be a marry woman her husband be  also make a party before the cause be hear the wife die and the husband take  out administration de good non c of a upon which the plaintiff amend his bill  against the husband to which amend bill the defendant demurrer for any matter  which happen subsequent to the original bill can be put into a amend bill but  a bill of revivor and supplemental bill ought to be bring Mr Verney for the  plaintiff insist that in equity the suit abate only against the wife and cite  the case of Humphreys v Humphreys wms there the bill atkins er p charge by way  of amendment matter which arise after fill of the bill and therefore seem a  proper case for a supplemental bill and though this be plead to the bill yet  the plea be overrule for that such matter may be charge either by way of  supplemental or by way of amend bill Lord chancellor I be of opinion that the  demurrer ought to be allow Reg lib a fol for I take it to be the constant rule  that matter subsequent to the original bill must come by way of supplemental  bill and revivor beside the suit abate entire by the death of the wife for the  husband who be before join for conformity only have a interest now and though  by the statute of the will a suit shall not abate upon the death of one  defendant but shall go on against the other yet it must be take with this  restriction provide the subject matter of the bill be not hurt by the death of  such defendant
case brown versus dawson et e contra may Eq can ab pl I pre Ch S c a on his  wife join in sale of part of her jointure give her a note to pay her pound os  per and for her life and afterward on sale of a far part give her a bind to  pay her pound S per and for her life and by will without take notice of the  note or bind give her pound a year for life the devise shall be a satisfaction  of the bind and note Ant case post case Mr Dawson on his wife join in sale of  part of her jointure give her a note to pay her pound S per and for her life  and upon a second sale of a far part of her jointure give her a bind to pay  her pound S per and for her life and afterward by will without take notice  either of bind or note devise unto her pound per and for her life Vernon  chancery case er p per cur the devise shall be take to be in lieu and  satisfaction of the bind and note Reg lib a fol vide Tunbridge v feather ante  Vol Atkinson v web ante p Eastwood v Vinke p wms and note and that that  edition Devese v pontet state by Mr finch in note to brown v Dawson pre Ch Cox  Haynes v mico bro Ch Rep cantle all v morris all state in note to Haynes v  mico ibidem p
case Brownlow against lambert Trinity term Elizabeth roll a justification in  trover as for a estray must allege the patent and that proclamation be make at  the parish church and the will must not he traverse ante roll ab trover and  conversion of a cow at Salop the defendant plead that the queen be seize in  fee of such a manor and demise it and all estrays therein c to I S a it be say  in latch that no judgement be give in this case say vide vent in Mod it be say  to have be resolve contrary to this report and in Mod it be deny to he law say  vide   a pop side Nov Goulds lev Cowp dougl croak Elizabeth er p for life and  convey it by mean conveyance to himself and that this cow come thither as a  estray whereupon he seize her and cause her to he proclaim in two markettown  next adjoin and the plaintiff claim property and the defendant demand of he to  pay for her feed that he refuse and thereupon he deny to deliver the cow and  traverse that he be guilty of the conversion at Salop it be thereupon demurrer  first because he allege croak Elizabeth not the letter patent second because  he allege not that the proclamation be make in the parish church three because  he traverse the will and it be adjudge for the plaintiff
case browns case venue change after cause remove in debt for rend entry and  suspension may be give in evidence of the general issue of nil devil ante roll  Abr Leon side vent cro Elizabeth pale yellow eved Loffts edit Cowp a action  bring in Canterburytown the defendant remove it by habeas corpus then the  plaintiff hectares here it be move that it may be try in some other county  because the judge come there so seldom the   be let they show cause why they  shall not consent and if they will plead nil debet the plaintiff will be  Willing to let they give any thing in evidence Simpson say it be the opinion  of all the judge that upon nil debet plead entry and suspension may be give in  evidence which the court do not deny so the court order the other side to show  cause why they shall not consent
case BROXE against car Hilary term Elizabeth roll in ejectment a copy of a  release may he give in evidence   light b dougl ejection firm upon a lease of  one Thimbletborp upon not guilty plead a special verdict be find that it be  covetianted by indenture that a fine shall he levy of such land to the use of  Thimblethorp upon condition that if he pay not such croak Elizabeth er p a sum  upon such a day it shall he to the use of chetham and his heir the fine be  levy and before the day of payment Chetbam release to Thimblethorp all his  right in the land and all demand but they find that the release itself be not  show unto they but a copy thereof and whether the find of this release by the  jury in this manner it not be show unto they be gold or not be the principal  question and all the court hold that this release may well be find in this  manner to defend a possession as tenant in dower may plead a release to her  baron without show it and the jury in assize may find a condition for the  avoid of a freehold without deed a second question be whether this release by  chetham before the condition break he sufficient to discharge the future use  to ChethanA Qucere Henry pl
case Broxholme against sir John Thorold if title to common be plead in bar to  a avowry it must appear in what will the land lie SC Yelv   light b sand  replevin the defendant avow for damage pheasant as in his freehold in  Goringham the plaintiff show that he be seize of a message and fourteen acre  of land and that he and all those who estate it be c have have common in the  place where c all time of the year tanquam eid messuagio et terr spectant  issue be take thereupon and find for the plaintiff it be now move in arrest of  judgement that this bar to the avowry be not good because he do not show in  what will the message and land be whereto he claim the common the whole court  be of that opinion and although it be after verdict yet it be a jeofail and it  be order that the party shall replead see Geo c S a see post in notorious  facts croak James er p
case bruges all versus CURWIN all Jan Lord keeper the great part of the  landholder entitle to right of common agree to a stint this will not bind the  rest the plaintiff be the great part of the landholder of the hamlet of Cleeve  and Woodmacott in the parish of bishop Cleeve in Com Gloucester in which  hamlet there be about acre of land which when not sow with corn be use in  common and be of little benefit when over stock and the landholder have agree  therefore to a stint videlicet that every landholder shall put in but two  sheep for each acre he have in the land or one cow for two acre or one horse  for our acre but the defendant the rector and about nine other will not agree  thereto for the plaintiff it be insist that the bill be not to take away any  just right the defendant have but that they may so use their property as not  to injure their neighbour and that upon a bill of the like nature a decree be  obtain will for the like stint in the hamlet of Southam in the same parish but  the bill be dismiss first at the roll and now affirm upon a appeal nine person  who be represent to be small landholder and entitle to common disarm and the  decree at the roll be as above on the ground that a right of common can be  alter without the consent of all party concern therein that may Reg lib a fol  and affirm as above Reg lib a fol enter Bruges v Curwin Bruges v Roger vide  Delabeere v Beddingfield ante p and case cite in not there Vernon chancery  case er p
case BRUNKHORNES case if the principal pay the sum recover the bail may plead  it as performance of the recognizance post Ro ab lev Mod vent I Bac ab to know  facias against Brunkborne and other bail for one Parker their recognizance be  if Parker be condemned that he shall pay the debt within such a time or render  his body to prison Parker be condemned and not render his body to prison to  know facias be bring against they upon this recognizance they pleadedi that  Parker such a day before the day in the recognizance pay the money and this be  hold a good plea without a specialty for the recognizance as to they be but as  a obligation with a condition upon which they may well plead performance vide  cofitrW Ordeways case before but croak Elizabeth the party in the scir facias  upon this recovery can plead it except satisfaction he acknowledge upon record  for by nude paymenthe shall not avoid a matter of record
case BRUNSDENS case the traverse of a defendant out of custody for a  misdemeanour can be take and try at the same quarter session of the peace post  Inst Inst Jones cro James side hale p c Com dig Brunsden be indict for  extortion by two several indictment in the one that be as bailiff of the  sheriff of Wiltshire have receive twenty shilling from one extorsive  multicolored duty Himself and in the other that he extorsive take six shilling  and eightpence these be prefer against he before the justice of the peace at  Michaelmas session last in the county of wilts and be thereupon commit to  prison be enforce as be pretend to plead present to those indictment and the  same day they be try and he convict and judgement against he at one and the  same session that he shall be imprison and fine forty pound for the one  offence and for the other twenty pound and upon every of they Triple damage  give videlicet for the one three pound and for the other twentysix shilling  eightpence which be more by six shilling eightpence than he have receive and  to be commit to prison until he have pay those fine and damage and now upon  these judgement he bring several writ of error and by Grimston it be assign  for error first because the indictment and the trial be at one and the same  session whereas they ought not to be try and traverse the same session croak  car second because they give damage to the party where they ought not to have  give any damage a vide Henry inquest Edward Coron that justice of gaoldelivery  may take inquest the same day but not so of justice of peace Stanford
case bryan against WIKES a variance in the style of a inferior court between  the entry on the roll and the return on the process be immaterial ante cro  James Cowp term Rep error of a judgement in Leicester in a action on the case  for word the first error assign by babington be because the style of the court  be placita in person I S mayor et John chapman Recordatore et I d et I n  Aldermannis castle prediction secundum experience castle prediction c and the  plaint be enter upon summons a non be invention be return at a court hold in  person speech I S mayor et I n et I d Aldermannis secundum experience castle  predicti c omit the recorder which babington allege to be errror et in person  non judice Sed non allocatur for it may be that at the first court hold the  recorder be there and at the second court he be absent and the court be well  hold by the custom there before the mayor and two alderman the second error  assign be because the judgement there be in a action for word which the  defendant speak of the plaintiff videlicet he have steal a tree former cut  down which be felony and I will cause he to be indict for felony babington  allege that the word be not actionable because he do not show when the tree be  cut down nor that there be some space of time between the cut and take away  for if it be not take away instant after the cut it be not felony Sed non  allocatur for the word be clear actionable for when he say that he steal a  tree former cut down it be intend to be a long distance of time especial when  he add and that be felony and I will indict he of felony for it show he  conceive he have commit felony which be a great slander wherefore the  judgement be affirm croak car er p
case BUCCLE versus ATLEO not follow Mandeville v Mandeville l r ir Lord  chancellor March die of Mars Eq can ab pl pl S c a executor be desirous to  apply the asset as far as they will go in satisfy the debt bring a bill  against all the creditor that they may if they please contest each other debt  and that their preference may be settle adjudge on a demurrer to be a proper  bill the plaintiff be executor and his testator great indebt and be desirous  to be rid of the asset as far as they will go and that his payment may not be  afterward question bring a bill against all the creditor to the intent they  may if the will contest each other debt and dispute who ought to be prefer in  payment the defendant be a creditor demurrer for that the bill contain  multiplicity of matter wherein he be not concern but the court overrule the  demurrer Vernon chancery case er p and hold it a proper bill and a safe way  for a executor to take but bill of conformity have since be discountenance  vide morris v bank of England Forr alderman Backwells can see ante vol
case buck against barnard a administrator may be charge as assignee in debt  for rend SC holt on trial before holt chief justice in debt for rend hold by  he that a administrator be Chargeable as assignee for the time he enjoy it and  be in possession and verdict accord for the plaintiff upon that evidence the  declaration be against the defendant as assignee
case buck versus draper march the ecclesiastical court in the country ought  not to take upon they to appoint guardian ex duty without a suit institute for  that purpose and by this mean break in upon the jurisdiction of this court  with regard to the guardianship of infant Lord Hardwicke recommend it to the  attorney general to consider whether a quo warranto may not issue to the  ecclesiastical court upon such a extrajudicial appointment of guardian to  infant a petition be prefer by the defendant to discharge a order of the  master of the roll appoint the plaintiff guardian of her daughter upon a  allegation of his unfitness as be disorder in his mind and that the petitioner  have be long before appoint guardian by the ecclesiastical court at York this  circumstance be not mention in Reg lib a fol and have by virtue of that  appointment take possession of the infant person and estate Lord chancellor  dismiss the petition with cost the fact of the lunacy not be at all make out  and say he be surprise upon what pretence the ecclesiastical court in the  country take upon they to appoint guardian ex duty without any suit institute  for the purpose and by this mean break in upon the jurisdiction of this court  with regard to the guardianship of infant and say he recommend it to the  attorney general to consider whether a quo warranto may not issue to the  ecclesiastical court upon such a extrajudicial appointment of guardian to  infant where no suit at all be depend for this purpose
case Buckhurst against NEWNTON tithe be not Payable for faggot of heech and  thorn intermix with the Toppings of oak and elm yely Leon roll ab mark Inst  prohibition for sue for tithe of faggot of oak and elm cautel make his libel  for faggot which be of beech and though the defendant pray a consultation ita  quod he shall not meddle with the faggot of oak and elm for otherwise the  party that make the faggot mayper caution put in a stick of great wood into  the faggot and so prejudice the parson of all the tithe of the residue but the  court say if it he so the party must show the special matter pro consultation  hahendd that the oak and elm be so intermix that he can do otherwise and pray  a consultation as to that which be thorn and heech and so it be do in Holins  and daw case where such a special consultation be grant upon such special plea  but as it be he can have no consultation for any part
case Buckingham against COSTENDINE a declaration in assumpsit that the  defendant be indebt and in consideration thereof promise to pay without show  the cause of the debt be bad ante post   hob more hetl roll Rep Bulst Bulst  salk stram error of a judgement give against Buckingham whereas the plaintiff  declare in a assumpsit that the defendant be indebt to he in forty shilling in  consideration ind assume to pay c and he show not for what cause the debt be  due which be hold to be ill for it may be by obligation or recognizance or  lease in which case such a general declaration be not good all the court be of  that opinion and although there be diverse precedent in the court that way as  it be say yet they resolve it to be ill without allege that the debt be by  reason of ware sell or upon loan or for such like cause so as it may appear to  the court to be matter whereupon to ground a assumpsit wherefore for this  cause it be reverse note the like judgement be give in the exchequerchamber in  Woodford v deacon a where judgement in a action upon the case be reverse for  that cause
case Buckland against otley in debt for rend the omission of the place where  the land lie be aid by a collateral plea which admit the lease ante roll Rep  Lutw hob Com dig Cowp debt upon a demise at creek of a house and diverse land  at creek and of such several close and mention not in what will they be the  defendant plead entry by the plaintiff into parcel of the say land in creek so  a suspension of the rend and issue be take thereupon it be find for the  plaintiff and it be move in arrest of judgement that the declaration be not  good because there be no place mention where the other land be and all the  court hold that the declaration be not good for this cause and it have be good  cause of demurrer but in regard the defendant have plead a collateral plea  videlicet entry of the plaintiff that have make the declaration good for the  lease of the land be admit by this collateral plea plead as Edward wherefore  it be adjudge for the plaintiff hilary term James in the common plea sir Henry  Hobart Knt chief justice sir Burgundy winch Knt sir Richard Hutton Knt sir  William Jones Knt justice sir Thomas Coventry Knt attorney general sir Robert  heath Knt solicitor general
case buckley against Cambell a it appear that this case be in Hilary term Ann  S c salk a foreign usance to be show in the declaration S c salk a assumpsit  be bring on a foreign bill of exchange to pay accord to the custom of merchant  so much money at two usance videlicet at Amsterdam but it do not appear what  the time of those usance be holt chief justice say he will take notice of the  custom of merchant here but not of that at Amsterdam or Venice c in such case  you must set forth the custom in your declaration michaelmas term the five of  queen whether in the queen bench sir John holt Knt chief justice sir John  Powell Knt SirLyttleton powys Knt sir Henry gold Knt justice sir Edward  Northey Knt attorneygeneral sir Simon Harcourt Knt solicitor general
case buckley against pirk a executor can plead plene to manage to a action for  rend or nonrepair on the covenant of the testator S c salk if a executor take  possession of the term of the testator and a action be bring against he in the  debet and to hold off for rend or nonrepairs it be absurd for he to plead no  asset ultra what will satisfy such and such judgement because in such a case  the surplus of the profit rend and repair deduct be all that be asset and  liable to the judgement and therefore the rest of the profit be so appropriate  to the payment of rend and repair as not to be exhaust by debt
case buckley against Wilkinson easter term car roll if a outlawry be reverse  the party shall be restore to money levy on the capias utlagatum although pay  into the exchequer SC keb SC Jones Writ of error to reverse a outlawry after  judgement and a to know facias thereon the question be whether the plaintiff  shall be also restore to the money levy on the outlawry after its reversal and  it be argue that he shall the original judgement be reverse for the outlawry  be at the suit of the party a and what the sheriff seize be to the party use b  if it be in a personal action be forfeit only the profit of the land and not  the land themselves e the king interest be but conditional and if the outlawry  be reverse the good shall be restore also and then the party be set where he  be as if the outlawry have never be but the contrary be urge to be the  practice of the exchequer to which the court agree and there be Brownl title  restitution cite see the authority cite in this case infra note a b c
case buckley and his wife against collier Michaelmas term will mary roll a  assumpsit by husband and wife for work do by the wife during the coverture be  not good S c salk S c salk S c Carth the husband and wife bring a action on  the case for work do by the wife during the coverture the question be whether  they can join in this action in trespass they may join for enter on the land  et herban Self ibidem crescen to carry away c Cook and his wife v Carthrie cro  Elizabeth a so likewise where the husband have land in the right of his wife  as a jointure by a former husband and she be to have the lop and shroud of the  tree grow thereon and he who have the inheritance cut they down they may join  in a action to recover damage Bradstock v scovel cro car b because it survive  to her after his death but the court be of opinion that in the principal case  the declaration be not good because the action be bring for a personal thing  which will not survive Arundel v short and his wife cro Elizabeth c and in  personal action the law be clear that they can join judgement be accord give  for the defendant SC salk quod to express grief nil to take in hand c SC Carth  for there be no express promise make to the wife to pay the money to her the  duty belong sole to the husband and therefore the law imply the promise make  to he only SC salk see brash d for v Buckingham cro James side Pratt and his  wife v tailor cro Elizabeth Helliars case style d modern er p
case buckley and his wife against hale a joint action of trespass enclosed  space to break in pieces of the husband and battery of the wife on not guilty  as to the husband and a justification as to the wife the jury find not guilty  on the first issue and guilty on the second queen if the find cure the fault  of join husband and wife in a action for battery ad damnum Self ante post lev  side hard vent ld ray bull n p salk Com dig trespass by husband and wife for  break a close of the husband and for the battery of the wife ad damnum Self b  see James c car c Ann c Geo c and Com dig c c   a see Bac Abr note d and the  case there cite croak James er p the defendant as to the enclosed space to  break in pieces plead not guilty and justify the battery the first issue be  find for the defendant and the second for the plaintiff it be now move in  arrest of judgement that the declaration be not good because the husband join  the wife with he in trespass for break a close of the husband which ought not  to be but for the battery of the wife they may join whereto all the court  agree but it be move that in regard it be find against the plaintiff for the  issue in which they ought not to join and the defendant be thereof acquit and  the issue be find against the defendant for that part wherein they ought to  join the verdict have discharge the declaration for that part which be ill and  be good for the residue as in the yearbook Edward pl in trespass by husband  and wife for the battery of both the defendant plead not guilty and find  guilty and the damage be assess for the battery of the husband by itself and  for the battery of the wife by itself and judgement be give for damage for the  battery of the wife and the writ abate for the residue lea chief justice and  Doderidore be of that opinion but Houghton and chamberlain e contra for the  declaration be ill in itself in substance the verdict shall never make it good  per quod adjournatur c
case BUCKLY against Williamson Hilary term Elizabeth roll judgement shall he  reverse where the writ be test before the cause of action Qucere I and hob cro  car cro James Bac Abr dougl Cowp error of a judgement in debt upon a  obligation the error assign be that the testae of the writ be Septemher  Elizabeth returnable octab michaelis and the motley be due at mich Elizabeth  and so after the testae and before the return of the writ and this appear by  the condition which be enter in htvc v erba and for this cause although the  judgement be after verdict so that if there have been no original it have been  good yet it be bring before cause of action the judgement be reverse and it be  not aid by the statute of Elizabeth c
case Bucknall against SWINNOCK to a assumpsit for money have and receive a  plea that the plaintiff agree that the defendant shall pay it to a three  person be bad S C keb post Indebilatus assumpsit for money receive to the  plaintiff use the defendant plead special that post assumption in predict  there be a agreement between the plaintiff and defendant that the defendant  shall pay the money to I S and he do pay it accord the plaintiff demurrer  Jones this plea do not only amount to the general issue but be repugnant in  itself it be put off to be argue b note judgement be give for the plaintiff  see S C keb see also salk b
case BUFKYN against Edmund Michaelmas term pound Elizabeth in debt for rend  against the devisee of the lessee the plaintiff must show that the defendant  enter by the assent of the executor or v irtute embassy ante post roll Abr  roll Abr cro James Carth a demand must he make of rend ante Bac Abr wood con  dougl error bring in the exchequer Chamber and assign because the plaintiff  declare in debt against the defendant as assignee and suppose that he let to I  S a Noy report the information good notwithstanding this exception l c b  Parker ms croak Elizabeth er p for year render rend and that I S b his will  devise tolhe defendant and he enter and be possess c and show not that the  lessee make any croak Elizabeth executor nor that the defendant enter with the  assent of the executor nor army embassy nor have he convey any lawful estate  to himself but be in merelyby tort and so the action be not maintainable a and  for this cause all the justice and baron hold the declaration to he ill and  therefore reverse the judgement but for the principal matter whether there  ought to be a demand of the rend all the justice and baron hold that there  ought to be a demand although it be Payable out of the land b except Anderson  who hold the contrary for he say it be appoint to he pay out of the land it be  but a sum in gross and no rend
case bugg and nelson against uvoodward a real composition to he discharge from  the payment of tithe be not good even against the parson himself if it he not  by fine or deed post roll ab godb cro James hob say vide Com dig Bac ab ante  prohibition for sue for tithe in court Christian and do suggest that one  prettiman be seize of the land of which the tithe be demand and in  consideration of five pound pay by he to the say parson uvoodward concordatum  agreatum to be hetween they that he and his assignee shall hold the land  discharge of tithe during the life of the parson and that afterward he let it  to the plaintiff and upon this a prohibition be grant and it be hold he need  not make proof of it for it be a composition with the parson himself who sue  and a consultation be pray for the agreement be without deed and be for no  time certain but for the life of the parson it can be good without deed and it  be only a agreement and no grant to he discharge and a grant of tithe to a  stranger can be without deed a no more can it he to the party himself that be  tenant of the land it be rule in the common plea Wescled v pepper that a  concordatum el agreatum hetween the parson and his parishioner that for twenty  shilling rend he shall have his tithe for twenty year if the parson so long  live that a prohibition lie not yet there it be personal and here for life  gawdy justice a grant for life of tithe be not good without deed but here it  be a contract for money Henry pl lease for year of tithe be good without deed  et adjournatur b
case BUGHERDS case Hilary term Eliz roll and a writ of restitution for mean  profit and a be made I ad valentian c may he join and execute on the day of  the return ante post roll ab error in quare hinder where damage be give for  the queen and the judgement be reverse mich plea the plaintiff have a writ of  restitution award for the mean profit and a become facias ad valentian de good  catallis of the incumbent of the queen and all in one writ returnable tomorrow  the number three the sheriff take the inquisition upon the day of the return  of the writ videlicet tomorrow Trinital and return it and first exception be  take that the inquisition be take upon the day of the return of the writ be  void for the day be exclude and be only for the return of it Henry pl Henry pl  second exception in the writ of inquisition there be comprise also afierifi  disturb which be not to he curian the writ be well serve and vary from the  case of the exigent Henry pl and of the v venire facias ad they octabis there  the day be exclude but not here but if it have been take the second day of  crast the number three and before the four day of crast the number three it  have not been good as to the second exception they may he both in one writ  Edward dyer the like process and it be rule accord
case bull against CLIFTON No special bail in error on a bottomry bind ante sir  Edward Northey move that the plaintiff in error may put in special bail this  be a action upon the case on a bottomry bind to pay money on a contingency the  condition of the bind be that if the ship or vessel call the oley frigate c  shall with all speed sail from the river of Thames to china c without  deviation and return to the river within thirtysix calendar month hazard of  the sea except and if the say I S shall within the say thirtysix calendar  month or thirty day after the arrival of the say ship pay c to I S then the  obligation to be void holt chief justice say this be not a bind only for the  payment of money for if he do not go the voyage he forfeit the penalty for his  go the voyage return and payment of the money be all condition and be incline  that it do not require special bail a see the statute James c Anonymous ante  Garnet v Dandy show Pitt v Carey stram Scott v brace Mod thrall v Vaughan  stram Chauvet and another v Alfray burr Desbordes v Horsey stram a say  adjournatur
case bull against wheeler a executor shall never be charge de good not common  with others but where he false plead ne unques son executor ante post more hob  sand Bac Abr error of a judgement in Canterbury the error assign and insist  upon be that in debt upon a obligation against a executor for the performance  of covenant in a lease make to croak throw the testator the breach be assign  in the time of the executor for not repair a house and the issue be find  against the defendant judgement be enter quod recupere the debt de good  testator si c et si non tunc de good not common with others where it be allege  that inasmuch as this breach be declated to be by the executor himself and in  his default the recovery ought to have be as well for the debt as for the  damage de good not common with others and a precedent be cite in the new book  of entry to this purpose but all the court hold if there be any such precedent  it be not law for the executor be Chargeable in debt by the covenant make by  the testator and therefore shall be charge only for the principal with the  good of the testator and by no act or false plea shall he be charge de good  not common with others but where he plead the false plea of ne unques executor  which utter ousts he from the benefit of the testament wherefore the judgement  be affirm
case bull against wyatt livery on a lease for life a die act of giving be void  and though the lessee enter and pay the rend it will not purge the seize and  make he tenant at will ante   light a roll Rep roll ab cro James roll Rep a  common recovery suffer by husband and wife of the wife land bar they and their  heir ejectment for a garden in Bristol upon a special verdict the case be one  Reignald and his wife be seize in fee in right of his wife by indenture and  with letter of attorney to make livery let we that garden habendum a die act  of giving a for life of the lessee render S d per annum and the attorney make  livery the same day secundum form paper the lessee enter and pay the rend  which be always receive the wife die her heir without entry suffer a common  recovery to the use of the plaintiff the question be whether this be a good  recovery roll for the plaintiff argue that the lease be void and that livery  the same day it bear date be void to make it a good lease and so hold all the  court and will not admit it to be argue second admit it to be a void livery  yet he hold that enter and pay his rend he be but tenant at will as one enter  without livery be tenant at will to the feoff and be can be a seize without a  intent in he to make a seize and without the intent of the lessor to have it  to be a seize and he be account in law but as a tenant at will and for proof  thereof he rely upon ass and Edward ass and the case in easter term of blunden  v Baugh   Henry pl Henry pl croak car three admit it be a seize yet suffer a  recovery he and all under he be estopped to say he be not tenant of the  freehold wherefore the recovery be good the court incline to that opinion but  because there be none of the defendant part in court no judgement be then give  but rule that if cause be not show c judgement shall be enter for the  plaintiff a lev Lord ray salk Powel on pow Cowper Com dig croak car er p
case bullen against grant if a copyholder surrender to the use of his will and  devise for life or in tail the reversion will descend to his heir who may  enter before admittance ante post   light b   a pale yellow ten Leon Com dig  Bac Abr will term Rep a surrender of a copyhold by a tenant in tail be not a  discontinuance trespass the case upon evidence be Hugh Bullen father of the  plaintiff be a copyholder in feei surrender the land to the use of his last  will and devise it to his wife for life remainder to g his son in tail  remainder to t his son in tail the lord admit m and afterward admit g the wife  die g die without issue t be admit and surrender to the use of the defendant  and die without issue the plaintiff before admittance be heir at law to h b  enter and upon a ouster bring trespass first it be hold v er curian that the  heir may enter without admittance for Wray say when the surrender be to the  use of his last will this at first be the whole fee but when he devise the  land for life or in tail and do not meddle with the reversion by this the  reversion never pass out of he to the lord but descend to his heir and he  shall have it without any admittance second it be hold that a surrender of  tenant croak Elizabeth in tail be no discontinuance except the custom he so  and although it be move that there can he no estate tail of a copyhold except  it he show that the land have been give so and always enjoy and that afterward  it have been enjoy by they in the remainder and reversion and that their  alienation do not use to bind c for otherwise it shall he intend a fee yet the  court hold the contrary that it shall he intend a estate tail except the  contrary he show and that it be a estate tail and so always use
case bullock against sir John smith a special plea amount to the general issue  be have   a c e Ant post action sur trover of six ox in London and there  convert the defendant say he seize they in the manor of d in Essex as good  waive there and so justify without hoe that he be guilty in London per curian  it be no plea for ft amount but to the general issue contain no matter local  to make the place material croak Elizabeth er p croak Elizabeth easter term  Elizabeth in the queen bench 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 bully against HUBBINS in a action on a promise to pay when the plaintiff  return to England it must be express aver that he give notice to the defendant  of his return hob cro James roll ab con I Lutw a inferior court can hold plea  of matter out of its jurisdiction error of a judgement in the court of the  Marshalsea in a action upon the case upon a promise at the parish of saint  clement Dane within the jurisdiction of that court in consideration of such a  sum receive that he will pay he such a sum when be return into England from  Hanborough be a place beyond the sea and allege that he such a day go over sea  to Hanborough aforesaid and return such a day to the parish of saint clement  Dane and that he demand the money and the defendant have not pay after non  assumpsit plead verdict and judgement for the plaintiff error be bring and  assign first because be do not allege that he give notice to the defendant of  his return and although it be allege that the defendant to have notice ind and  upon such a day request have not pay yet it be hold clear that the declaration  croak car er p be insufficient for this cause for he ought to have allege  express notice and show the day and place of such notice give second because  it be bring of a act to be do at Hanborough out of the jurisdiction of the  marshal court be a private jurisdiction which be hold also to be a manifest  error for which cause the judgement be reverse
case bully against palmer a new charter grant in consideration of the  surrender of a old charter which surrender be not enrol be void S c salk the  plaintiff bring a action on the case for a false return to a mandamus command  he to swear Harris to be mayor of the town of Dartmouth and a peremptory  mandamus be move for it be resolve by the court that if there be a old charter  surrender but the surrender be not enrol and a new charter in consideration of  the surrender grant that the second charter be void and if there be any other  person in the new charter than be in the old any law make by they be void  because they act under a void charter but by if it be the same member in the  old charter because then they act by their first charter which be still good  so if in the first case they have give a bind and put the seal of the new  corporation to it it will be void as be adjudge in the case of bath and well  but if the member of the old charter have go to election and some by colour of  the new charter have vote with they against their will there a choice by  majority of the old charter with some mention in the new be good
case Bulstrode versus Bradley November SC post in decree against a mortgagee  on a bill for redemption or against a executor to account it be the course of  the court to direct it without future word and yet if the person decree to  account receive any thing subsequent to the decree it be inquirable before the  master and they must bring such sum to account Lord chancellor it be the  constant practice of the court in decree against a mortgagee upon a bill for  redemption or against a executor to account to direct it without future word  videlicet to account for what they have receive or may have if it have not be  for their own default and yet if the person decree to account receive any  thing subsequent to the decree it be inquirable before the master and the  defendant in each case must bring such sum so receive to account
case BULTIVANT against Holman a declaration on a lease quod cum indenturam  testatum step forth be good but a bar or replication must be direct and  positive ante cro Elizabeth cro car sand sand lev Com dig Cowp dougl error of  a judgement in the common plea in a writ of covenant the error assign be that  the declaration be not good for it be upon a indenture which recite quod cum  per indenturam testatum step forth that the say Bultivant feoff the plaintiff  of such land and therein covenant to discharge and save he harmless from all  former dower and encumbrance and show that one Fursse be seize in fee of that  land before that Bultivant have any thing to do therein and feoff Bultivant  who feoff Holman the plaintiff and that the wife of Fursse have bring a writ  of dower against he and have recover and so he have not perform the covenant  whereupon the defendant demurrer in the common plea and it be there adjudge  for the plaintiff it be now assign for error that it be not allege by matter  in fact that he feoff he and that he be seize in fee by virtue thereof but  only quod testatum step forth which be only by way of recital and therefore  not good and in proof thereof he rely upon Edward pl and dyer but all the  court resolve to the contrary and that the difference be where it be by way of  declaration and where it be by way of bar or replication for in the  declaration testatum step forth be sufficient to induce the action and to  assign the breach and the judgement be affirm
case bunker against coke a devise of all my land tenement and estate  whatsoever which I shall be possess of or invest with at the time of my  decease will not pass a estate purchase after the make of the will S c post S  c fitzg S c salk S c holt S c Eq ab S c bro p c the question be whether land  of which the devisor be not then seize shall pass by a devise Raymond cite the  case of butler and baker a   a the case of draw v marrow b dyer b and Lovies  case c   c and urge that no law support my Lord coke opinion and the opinion  of dyer be only obiter and the resolution on the statute of will as to the  word have coke in his commentary d   light b d do not take notice of the  opinion of Littleton as to the custom that any man seize of land may devise he  may as well devise land to he have as chattel from the nature of the writ ex  heavy complaint e Fitzherbert n b Plowd yearbook Henry pl Fitzherbert devise  bro Abr devise Litt sect e beside he be seize of they before the devise take  effect sergeant Parker contra these land be purchase nine year after the date  of the will here be two point modern report first a want of power in the  devisor at the time c as not be seize second as to his intent which may well  be doubt if it be to pass these land heir be to be favour and this will be to  carry a will further than a deed or a man grant he cite   light b that the  exposition of this statute ought to be accord to the reason of the commonlaw  and and dyer if person idiot infant c have not be name yet be disable by the  commonlaw they can not have devise the commonlaw will not allow it good when  he have it not for a man can judge right as to future thing Inst dyer a hob  Litt sect hob cro a covenant to stand seize to use of land which a man have  not be void roll Adjournatur a see same case post a
case burbolt against ken and whether his wife Trinity term James roll and  Michaelmas term James roll in c b on a judgement on a penal statute the  defendant shall be amerce ante     roll Rep Savil Com dig hawk p see will mary  c in ravishment of ware the venue on not guilty shall be from the place where  the fact be allege ravishment of ware of one Edward Beetison son and heir of  one Edward Beetison at Swarley for that the say Edward Beetison the father  hold a message and twenty acre of land in Swarley and twenty acre of land in  Thorp in the county of Lincoln of the plaintiff as of his manor of Swarley in  the say county by knight service and die in his homage his heir be within age  videlicet of the age of two year and the defendant ravish he c the defendant  plead not guilty and it be find against they and judgement give for the  plaintiff and now error thereof bring the first error assign be because the  judgement be against they quod to take in hand whereas there be not any way et  arms in the writ or count for the judgement ought to have be in pity say non  allocatur for be a offence against the statute law the judgement be well  enough and so be the precedent in the book of entry a second error assign be  because the venire facias be de Swarley whereas it ought to have be de manor  de Swarley where the tenure be allege or from thence and Thorp where the land  lie say non allocatur for the issue be not guilty the ravishment be allege to  be at Swarley the trial be well enough but if the issue have be upon the  tenure it have be otherwise for then it shall have be of the manor and of the  say village wherefore notwithstanding these error the judgement be affirm
case burch against scory a sale in market overt must be at a convenient time  good buy on like must be return in a convenient time trover for good to which  it be plead by the defendant that he have buy they in market overt holt chief  justice you must prove the sale in market overt and at a convenient time if  good be buy upon like the vendee must return they otherwise his detain or not  send they back be sufficient evidence of a like so if he declare his dislike  but afterward dispose of they so if good be sell on like and before the day on  which the party by the agreement be to return they he sell or dispose of all  or part of they it be a like and time of like or dislike of good be eight day  by Act of
case burden versus kennedy July a leasehold estate be affect by a elegit or  become facias from the time it be lodge in a sheriff hand and if the debtor  subsequent to this make a assignment of it the judgement creditor may proceed  at law to sell the term and the vendee will be entitle to the possession  notwithstanding such assignment Lord chancellor where a execution by elegit or  become facias be lodge in a sheriff S hand it bind good from that time except  in the case of the crown and a leasehold estate be also affect from that time  and if the debtor subsequent to this make a assignment of the leasehold estate  the judgement creditor need not bring a suit in ejectment to come at the  leasehold estate by set aside the assignment but may proceed at law to sell  the term and the vendee who be general a friend of the plaintiff will be  entitle at law to the possession notwithstanding such assignment but in the  present case here be only a equity of redemption in the debtor in the  leasehold estate and a execution lodge will not affect this as the legal  estate be in the mortgagee and consequent by the common equity of this court  he may come here to redeem a subsequent encumbrancer and likewise to discover  whether there be any and what consideration for the assignment
case Burdet against proctor Hilary term car roll in covenant on a indenture to  find a apprentice meat drink and other necessary a breach assign general that  he do not find meat drink and other necessary be good error covenant on a  apprentice indenture to find meat drink wash lodging and other necessary the  breach be assign in the direct negative that he do not find meat drink wash  lodging and other necessary per interval c the defendant demurrer allege that  the breach be too large and this very breach have be hold nought in the case  of mill v astel a as be too general and the rule that where the covenant be  general shower KB the breach may be so too as in the case of salmon v Bradshaw  b Muscot v ballet c Chantflower v priestly d reach not this case for all those  case be of covenant to enjoy there it lie not in the party knowledge a see the  case of brown v Wotton cro James SC Yelv b see SC post a cro James b cro James  c cro James d cro Elizabeth SC Noy shower KB er p Herbert chief justice the  plead of all necessary be well enough for to particularize they will be  infinite and here be a judgement in the common plea the judgement be affirm  the like case Plomer v Plaisted e which I argue
case burdet cash if the steward of a manor make a deputy to take a surrender  in fee and he take a conditional surrender yet it be good more Leon Com Rep  Mod Bac ab pale yellow ten Cowp the case be the dean and chapter of Ely be  seize of a manor in which the custom be that the copyholder may surrender out  of court to the use of a stranger in fee they make I S their steward ad to  follow to the grave per see well to put under deputy suum I S make a his  deputy here vice to take a surrender of baron and feme to the use of the baron  and feme for their life remainder over in fee and the word be further in the  deputation et beyond ad faciendum el to follow to the grave quantum in I be  croak Elizabeth the say a by force of that deputation take a surrender from  the baron and feme upon condition that the lord shall grant it to they for  their life remainder over in fee the surrender be execute accord the baron and  feme die he in the remainder enter the heir of the feme ousts he and he bring  trespass first it be agree that this deputation here vice be good second that  although the authority to take the surrender be absolute and a take the  surrender upon condition yet it be good by reason of those word el beyond ad  faciendum c
case Burdett versus rockley January in court Lord keeper Eq can ab pl S c  after a decree for a personal duty a sequestration issue and then the  defendant marry and die if the sequestration shall take place of the wife  dower Vid post case on a demurrer the plaintiff bill be to revive a  sequestration obtain against the defendant husband for a personal duty before  his intermarriage with the defendant and to avoid the defendant estate in  dower in the land that be sequester before the marriage it be insist that  these land be so bind by the sequestration and cover therewith that the  defendant right of dower can never attach they vide Burdett v Rockley ante SC  and case cite in not there to this bill the defendant demurrer and the  demurrer be allow by the Lord keeper and a injunction that have be obtain  dissolve and the counsel at the bar desire to know his lordship opinion  whether the heir in feesimple shall in such case have the estate bind and  subject to such a sequestration or not but the Vernon chancery case Lord  keeper refuse to declare his opinion therein say that the case be not now  before he
case burdon against burdon in dower the heir can plead detainer of charter  after imparlance SC comb SC salk error on a judgement in dower in Durham where  after imparlance the defendant plead detinue of charter and demurrer and  judgement for the plaintiff thereon and that judgement now affirm here per  curian
case burgess against steer common lie for sheep and find for cow also good for  they be distinct S c show S c Mod S c Carth prescription for common for sheep  the jury find he have common for sheep prout he declare and beyond to say he  have common for cow too and move that the verdict do not warrant the  prescription because entire and another be find than that on which the  plaintiff declare but per curium the common be several distinct and different  for he that prescribe for sheep can therefore prescribe for cow and holt chief  justice cite Johnson and Throughgoods case brown which be the very case in  point judgement be give for the plaintiff modern report trinity term the four  of William and mary in the king 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 burgess against steer on a prescription for common for sheep a verdict  find it for sheep and cow be good SC Mod SC Carth Cowp in plead the  prescription be for common for sheep and issue be join thereon the jury find  common for sheep and cow too and hold that the issue be find for the plaintiff  who claim the common and judgement accord give for the plaintiff vide grey  case   Thorowgoods case Brownlow hob
case burgess case on error to reverse a outlawry upon manslaughter the person  be entitle to the assistance of counsel ante Jones roll ab   b hawk p c ch S  ch S certificate under the seal of the town no evidence of the prisoner be  abroad except it be prove and the prisoner identify cro James roll Rep burgess  be outlaw upon a indictment of manslaughter in the county of Middlesex bring a  writ of error to reverse the outlawry and assign for error that he be over the  sea at the time of the outlawry videlicet at Utrick in birth beyond sea  hereupon counsel be appoint for the prisoner to plead and the error assign the  king attorney take issue that he be here in Middlesex at the time of the  outlawry and traverse his be at Utrick prout whereupon issue be join and a  jury of Middlesex at the b r the first day of this term calthrop be assign of  counsel for the prisoner for assignment of error offer in evidence a  certificate under the seal of the say town Jones justice move it as doubtful  whether he may have counsel upon his trial but all the other justice hold  clear that he shall have it when the trial be not upon the fact in the  indictment but upon collateral matter videlicet of his be beyond sea and all  the justice hold that it be not material in what place beyond sea he be so as  he be over the sea and that the certificate under the seal of the town where  croak car er p he be resident without oath of the truth thereof and one swear  for the exposition of it into English be not Allowable but a witness be swear  say certain that he be there in service at the time of the outlawry and before  whereupon the jury give their verdict accord and then he be instant arraign  upon the indictment and plead c a
case burgh against blunt motion for a attachment for disobey a tolt Chesshyre  sergeant move for a attachment against the judge of the court of Holderness in  Yorkshire for disobey a toll whereby the cause be to have be modern report er  p remove into the countycourt from whence as the sergeant believe the party  design by a pone to remove it into the court of common plea and though by a to  think over it may have be remove at once into the court of common plea yet the  party may take this way if they please Chesshyre sergeant in behalf of his  motion urge that disobedience to the toll be a contempt to the law of the land  over which the court of king bench be guardian that that court be invest with  a general modern report jurisdiction over inferior court and be to take care  not only that they do not transgress their jurisdiction but likewise that they  proceed regular in matter confess within their jurisdiction Eyre justice the  more proper way be first by mandamus to oblige they to obey the toll and if  notwithstanding that they proceed a attachment may be grant for disobedience  to the mandamus I do not see why we may not as well grant a attachment against  the judge of a spiritual court for proceed after a appeal as do what be now  ask Parker chief justice there be several other remedy beside that desire you  may have a prohibition or you need make no defence and bring your writ of  false judgement and when they shall return that they be serve with the toll as  they must it will then appear that all the proceed be erroneous for their  jurisdiction fail upon the receipt of the toll but Chesshyre sergeant press  his motion and page sergeant affirm that he have the motion grant to he in the  case of king v Langston the court make a rule to show cause why a attachment  shall not be grant
case Burgundy against Damion on a lease for year with a clause of reentry on  nonpayment of rend the lessor on demand and refusal may either enter or  distrain although the lessee be seize by a stranger ante   light cro Elizabeth  salk holt ld ray see the case of Eaton v Jaques dougl lessee for year render  rend at Michaelmas and ladyday upon condition of reentry for default of  payment be oust by a stranger the seize continue till the day of payment the  lessor afterward demand the rend and the lessee refuse to pay it whether the  lessor may enter for the condition break in regard the condition be suspend by  the seize and it be hold by the whole court that the lessor may either enter  upon the land for the condition break or he may if croak throw he will  distrain for the rend for the land lease shall be subject to those lawful  remedy which the lessor provide for the recovery of his rend or possession  into who hand soever the land come and it be not the act of a stranger that  can deprive the lessor of the advantage of that condition which he annex to  the lessee estate when he part with the possession of his land a in the report  of this case Yelv it be state that judgement be give by the whole court  against the plaintiff for although the money award to be pay be not find on  any precedeat debt or contract between the party yet it be a demand or duty  which the plaintiff may have dispose of by his will c although it can not be  recover by action before the day of payment but they agree to the distinction  that if performance have depend upon a condition precedent it can not have be  release until after the contingency have happen for until then no demand or  duty will have arise see Lord not ms   light b Bac Abr croak James er p
case Burgundy lea against Lacon process direct to a sheriff omit the name of  the county may be amend Yelv Com dig dougl to Rep trespass after verdict it be  move in arrest of judgement that the venire facias be award in this manner  jacobus c viscount health c so omit of what county he be sheriff it be return  by the sheriff of the county of Salop where the action be bring and it be now  move that it be a ill trial for here be a ill writ and not the want of a writ  which be not help by the statute et non constat curiae by what sheriff of the  county it be return nor by who it be returnable and the sheriff of the county  of Salop have no authority thereby to make the return no more than any other  sheriff of any other county but notwithstanding because this writ be warrant  by the roll which be well it be judicial may be amend wherefore it be award to  be amend and the plaintiff have judgement vide Yelv contra
case Burland against tiler if a plaintiff as administrator bring a action in  the debet et to hold off against the heir it be a fault in form only and no  advantage shall be take of it but upon a special demurrer S c ld ray a  administrator bring a action of debt in the debet et to hold off against the  heir of the obligor and conclude his declaration ad damnum Self the plaintiff  c on demurrer to the plea which be admit to be ill top for the defendant  insist that the declaration be nought to which he take two exception first  that the action be bring against the heir in the debet et to hold off when it  shall be in the to hold off only second that the declaration conclude ad  damnum Self the plaintiff when it shall be in retardationem administration  chapel sergeant the first exception will have be cure if after a verdict by  statute car c and if so it will be cure by statute Ann c be after a general  demurrer the court the car c call the Oxford Act cure the defect if a verdict  have pass and by statute Ann c judgement be to be give without respect to any  defect in the declaration unless show for cause of demurrer so as the right of  the cause appear as to the second exception this be only matter of form beside  the modern precedent be accord to this declaration and judgement be give for  the plaintiff
case burman against puckle Michaelmas term car roll bill of exchange case on a  bill of exchange find on the custom of merchant allege that if a bill by a  merchant or trader be endorse Payable to a merchant or bearer then c and do  not aver the plaintiff to be a merchant or trader and hold nought upon a  demurrer
case burman against SHEPPHERD in trover for a bill of exchange money not allow  to be bring into court S c comb postea Trin will paulet v Heatfield pasch will  smith v Johnson mich will Lawley v dibble pasch will Farrells case in trover  for a bill of exchange for one hundred pound ad damnum of one hundred and  fifty pound a motion be make that upon bring fifty pound into court it may be  strike out of the declaration holt chief justice this practice in assumpsit  have be bring in within few year and have be only allow because payment go to  the issue but in trover it go only to the damage it may be the plaintiff have  good cause of action for part and a probable cause for the residue now it will  be hard to strike out his certain cause and put he to try his probable cause  at the peril of cost a modern report easter term the eight of William the  three in the king bench sir John holt Knt chief justice sir Thomas Rokeby Knt  sir John Turton Knt sir Samuel Eyre Knt justice sir Thomas Trevor Knt  attorneygeneral John hawles Esq solicitor general
case burn against ignorant a father may maintain a action for slander he and  his son without aver that he be his son cro James stram action for word for  that the defendant say to I burn son of the plaintiff in the presence of  diverse thou prcefat I burn innuendo and your father innuendo the plaintiff be  both perjure and I innuendo the defendant will prove you both perjure upon not  guilty it be find for the plaintiff damage twenty pound and it be move in  arrest of judgement that it be not aver that I b be the son of the plaintiff  but it be hold well enough for that it be allege that the word be speak to I  burn his son and it be adjudge for the plaintiff croak Elizabeth er p
case burnet against well he be a cheat not actionable without a colloquium  case these word speak of a tradesman he be a cheat and further at another time  with a colloquium of he and his trade he have nothing but rot good in his shop  judgement by default and several writ of enquiry and per curian this be  prudent do the first word be not actionable without a colloquium and therefore  entire damage will spoil all thus the plaintiff have release the damage upon  the first word take judgement upon the second which be hold clear actionable  but it be agree if the word be only that he have rot good the action will not  lie for the slander be to have nothing but rot good judgement be give for the  plaintiff a
case BURPER against baker Trinity term Elizabeth roll if the word of a verdict  imply the whole issue it be sufficient post lev stram ld ray will Cowp term  Rep see hawk v Crofton burr trespass of assault battery and wound the  defendant as to the wound plead not guilty quoad residuum justify by warrant  to arrest the issue be de son tort demesne and as to that the jury find that  he assault heat and wound he de son tort demesne and find not any thing upon  the issue not guilty by itself but include it in the former verdict and  whether it be a good verdict or not be the question and resolve to be good  enough
case burrel versus Harrison June pre Ch S c bill for a specific performance of  article for a lease of land in Norfolk where by custom the landlord repair but  the rend reserve on this lease appear to be under the value decree the tenant  shall covenant to repair bill to have a execution of article for a lease of  land in Norfolk at the rend of thirty pound per and and the custom throughout  Norfolk be that the landlord shall do and be at the charge of all repair  during the term the question be who in this case shall be oblige to repair per  cur the tenant be plaintiff to have the lease make and it be in proof that  thirty pound per and be not the full value decree a lease to be make but that  the plaintiff the tenant shall covenant to repair and the rend of thirty pound  per and to be subject to no deduction save only parliamentary tax Reg lib a  fol that Dec
case burton against brown lessee of the lady Platt a let we a gardenground for  year and the lessee demise part of the term to a undertenant who build on it  by a grant of the gardenground the building thereon will also pass ejectment  upon demurrer the case be that sir Hugh Platt have a piece of ground or  gardenplot and let it to juxon juxon afterward assign this lease to Ireland  and Ireland build upon part of the gardenplot two house leave a sufficient  garden afterward sir Hugh Platt let we to the say Burton the plaintiff c all  that gardenplot or piece of ground late in the tenure of juxon and now in the  tenure or occupation of Ireland the question be whether the gardenplot and  house then in the occupation of Ireland or only so much of the gardenplot as  be not build upon pass and it be hold by all the court that all the garden as  it be in the tenure of juxon although it be afterward build upon do pass for  the lessor do not take croak James er p knowledge what be do by a undertenant  and therefore by intendment lease it as entire as he first demise it to juxon  and all which be in his occupation and the house which be build after the  lease make do well pass
case burton against tokin it be actionable to say of a justice that he have  give secret warning to a person against who he have issue a warrant more  action for word whereas he be and such a day which be the day of the speak and  for many year before be a justice of peace that the defendant speak of he  these word you be a sweet justice you send your warrant for I S to be bring  before you for suspicion of felony and afterward send I d to he to give he  warning thereof that he may absent himself after not guilty plead and find for  the plaintiff it be move that these word be not actionable but all the court  hold that the action well lie for it touch he in his office to give such  secret warning to cause he to absent himself wherefore it be adjudge for the  plaintiff
case burton and estove against Gowell Trinity term Elizabeth roll a will in  write may he revoke by a parole declaration import a present intention Owen  cro James Com dig Powel on Dev pale yellow on will dougl Cowp trespass upon  special verdict the case be I S be seize in fee of land and b his will in  write make at Pulham devise the land to the defendant and after at sterston  lie sick dixit to disclose that his will make at Pulham shall not stand the  question be if this be a revocation because it be by word only and by word in  going to be and not inprcesenti to the first it be resolve that a will may he  revoke by parole only and so be harrison case Elizabeth dyer b to the second  it be say that word in going to be shall he take future when they refer to a  future act otherwise when they refer to a present resolution but by Popham if  he have say I will revoke my will make at Pulham this be no present revocation  for it refer to a future act a but when he say it shall not stand this take  effect present as if I say to another you shall have my land for ten year this  be EC present lease and it be adjudge a revocation b
case Burton case indictment for barratry con form stat be good cro car roll ab  cro James keb hale strange he be indict as a common barretor contra form to  cause to stand coke take exception that there be no statute that make this a  offence but it be at commonlaw and the Edward c do not make this a offence but  appoint a punishment but it be hold good for so be many precedent
case burton versus MATTONS in the paper of petition January SC barn Charles a  minister of a parish prevent a order for a defendant appearance be publish  pursuant to the Geo he be indictable for a contempt the statute of Geo c  require that upon affidavit of a person be go out of the kingdom to avoid be  serve with the process of this court the copy of the order of chancery direct  such defendant to appear at a certain day therein to be name shall within day  after such order make be insert in the London gazette and publish on some lord  day immediate after divine service in the church of the parish where such  defendant make his usual abode within thirty day next before his absent and if  the minister of that parish prevent its be publish as the act itself be silent  nor mention any penalty for his disobey it I be of opinion the minister be  indictable for the contempt of the order of this court
case BURWEL against wood a breach of covenant to pay for so many acre as the  land shall measure need not state the admeasurement ante roll ab Com dig Com  dig covenant for that the defendant covenant by indenture whereas he have sell  to the defendant all his copyhold land in Framlingham and if it all exceed the  quantity of eight acre to be measure accord to the proportion of sixteen foot  and a half to every pole that he shall pay for every acre over and above the  eight acre so to be measure accord to the say rate of four pound for every  acre and allege in fact that the copyhold land be twelve acre measure by the  say croak James er p measurer and because he have not pay sixteen pound for  the say four acre over and above the say eight acre he bring the say action  the defendant plead that there be not twelve acre measure c and issue be join  thereupon it be find for the plaintiff it be move in arrest of judgement that  the breach be not well assign because it be not well allege that the land be  admeasured for until measurement the surplusage above the eight acre can be  know and the defendant have not break the covenant until he be require to pay  after the admeasurement which ought to be notify unto the defendant say non  allocatur for the plaintiff may admeasure it private and he need not tell the  defendant when he admeasures it but be take upon he to demand so much whereas  in rei in point of fact it be but so much which the defendant affirm a action  well lie and here the issue be that they contain so much to be admeasured c  and that be find it be hold by all the court that the declaration be good  enough
case Burwell versus Harrison vern S c a article with b to make he a lease with  usual covenant b bring a bill to have the lease make he shall be at the charge  of the repair though usual in that county for the lessor to be at those charge  seek foresee if a have be plaintiff to have enforce the take of such lease the  defendant have enter into article with the plaintiff to make he a lease of  certain land in the county of Norfolk and isle of Ely with usual covenant and  the plaintiff bring this bill to have a lease make accord and the only  question be who shall be at the charge of repair it prove in the cause that in  Norfolk and the isle of Ely the landlord do usual covenant to repair that when  land there be let without lease the landlord do use to repair that when the  defendant do precedent in chancery er p last let part of the land in question  without lease he be at the charge of all repair defendant pretend that the  land be of a considerable better value than the rend reserve which be so small  in regard it be intend the plaintiff shall repair but no such agreement or  mutual intention be prove the court be of opinion that the word usual covenant  shall be intend usual all over England and that the lessee be plaintiff here  to have a lease shall be oblige to repair notwithstanding the contrary usage  in Norfolk but that the case may have precedent in chancery have a different  construction if the defendant have be plaintiff to have enforce Burwell to  have take a lease
case bury against pope see Bryant v Lefever c p d Dalton v Angus Q b d App Cas  a action for a nuisance do not lie for stop another light though they have  continue for forty year post Henry Ro ab   b I lev side vent cro James vent ld  raym salk Bl Com case for stop of his light it be agree by all the justice  that if two man he owner of two parcel of land adjoin and one of they do build  a house upon his land and make window and light look into the other land and  this house and the light have continue by the space of thirty or forty year  yet the other may upon his own land and soil lawful erect a house or other  thing against the say light and window and the other can have not action for  it be his folly to build his house so near to the other land and it be adjudge  accord notam pron  interrog  be solum he be culminating state usque ad ccolum  tempt Ed
case bush against coal a exception of a passage in a lease be not part of the  thing demise but dehors amount to a reservation and covenant will lie S c  Carth S c salk S c show in covenant the plaintiff declare that he lease to a a  house for year except two room with free ingress egress c per Le parlour hall  c and afterward the lessee assign to the defendant and allege breach because  the defendant have stop the passage and on demurrer that these word do not  make a covenant for they be only the word of the lessor and not like sand  where covenant be maintain on the word discontinue for there the use of a pump  be lease by he against who the covenant be bring but here they be the word of  he who bring covenant and if covenant lie it be not maintainable against the  assignee but per curium covenant lie against the lessee and assignee too for  it be express lie that the demise be to he and his assign modern report er p  modern report and Eyre justice say the diversity be as take in Lord russell  case where the demise be of land except a close and agree that covenant do not  lie for disturbance in this close but where the exception be of a thing dehors  to the lessor as a way common estovers or other profit aprender that be by  agreement of the lessee the lessor shall have they and therefore covenant lie  cro more
case bush against REDGELEY upon a bind to save the plaintiff harmless he be  damnified the moment judgement isi give and the defendant can avoid the  penalty by a subsequent payment of the debt ante P6st   a I vent Owen cro car  cro I yely Bulst term Rep Dbbt upon a obligation the condition be to save the  plaintiff harmless against I Robinson of one obligation the defendant plead  non injure plain reply that Robinson have sue he to the exigent and then he  appear and say Robinson have judgement to recover against he upon the  obligation et be damnified the defendant rejoin that he himself have retain a  attorney for the plaintiff on the say suit and the plaintiff be at no expense  nor be arrest upon it nor his good or land seize and that after the judgement  he be not damnified upon this the plaintiff demurrer and all the court resolve  for the plaintiff for that immediate upon the judgement give he be damnified  for his body good and land be liable to the execution and ill he afterward  alien his land he can by reason of this judgement warrant it to he free of  encumbrance so that by the very judgement he be damnified and if the defendant  after the judgement have pay the debt it will not serve for he be damnified  before
case bush case a sheriff can justify a escape in a civil suit because the  process be erroneous award ante post bull n p more dyer pop Leon     cro James  Bulst sand Mod Carth Mod Mod salk ld ray stram salk Bac ab pale yellow ex debt  upon a escape against a sheriff he plead nail dehet and by verdict it a hawk  strange ld ray dougl a see Geo c b this case be move again and a consultation  grant post croak Elizabeth er p be find that the plaintiff recover against I S  in debt and after the year pass have a capias ad to give satisfaction against  he and the sheriff by force of it take he and suffer he to escape and if upon  this matter he be Chargeable for this debt be the question and it be adjudge  he shall for though the process be erroneous award yet it be sufficient for  the sheriff to arrest him  and he may justify in a false imprisonment and  therefore can let he at large
case bush versus western Vid the next case and reference Eq Abr c S c a man  who have be in possession of a watercourse year may bring a bill against a  mortgagee who foreclose the equity of redemption to be quiet in his possession  although he have not establish his right at law the plaintiff have be in  possession of a watercourse upward of year the defendant claim the land  through which the watercourse run by virtue of a forfeit mortgage for year and  which he have obtain a decree to foreclose the plaintiff title be full prove  and the bill be for a perpetual injunction to quiet the plaintiff possession  which the defendant have interrupt by make a cut or channel through his own  land and set up a sluice at the mouth thereof whereby the water that shall  have run to the plaintiff watercourse be total divert or prevent and though it  be object that if the plaintiff have any damage his remedy be pure at law and  that they ought not to come hither till they have establish their title at law  dly that if they can yet they ought to have bring those who have the  inheritance of the land through which the watercourse run before the court and  that it be not sufficient to have only the mortgage precedent in chancery yet  the court decree for the plaintiff and agree it usual to have such bill in the  first instance in this court and cite Lord aylesford case late and some other  precedent in chancery er p and if the defendant will have have the  remainderman a party he ought in his answer to have show who that be that he  have only a term for year and pray that he may have be make a party but this  he have not do but insist on his own title under the foreclose mortgage and  therefore that objection be overrule that the court of chancery will not grant  a injunction unless the party right be establish at law vide vern Chan case  atk atk vezey vezey
case bushel against Haynes debt on a bailbond must show that the bind be  assignable debt upon a bailbond as assignee of the sheriff of Sussex accord to  the statute whether c and declare general without show the matter special that  it be a sheriff bind which by the Act be assignable to which there be a  demurrer et per curian it shall have be show that it be a bind assignable Mr  Salkeld when he find the opinion of the court against he pray to discontinue  which be grant on payment of cost
case bushel HURSTWAYT and brand against YALLER Trinity term car roll the  principal and bail can join in a writ of error on the principal judgement ante  post cro James hob godb lev Bac ab term Rep term Rep error of a judgement in  the common plea by bushel the defendant and Hurstwayt and brand the bail in  the common plea against Yaller Grimston assign for error that no capias be  award against the principal and yet a to know facias issue against the bail  and judgement against they it be now move that this writ of error bring by the  bail and the principal a cro James b see car c will mary c Ann c Bac ab Carth  Mod Runn eject croak car er p be not good for they ought not to join in a writ  of error for the bail may not avoid the judgement against the principal by any  error which be in the proceed and the principal have nothing to do with the  judgement against the bail and all the justice be of that opinion except  Berkley who doubt thereof because by the judgement against the principal the  bail be damnified wherefore be conceive they shall join in the error to avoid  the principal judgement but he agree that the principal ought not to join in a  writ of error to reverse the judgement against the bail and afterward he  consent with the other justice that a writ of error lie not in this manner  wherefore it be abate
case Bushnell versus parson follow Thorp v Owen hare a make a lease to b his  wife nephew for year for payment of his debt and legacy and at the same time  by will take notice of the say lease devise the land after the expiration of  the say lease to c his nephew and heir and make b executor a life twelve year  and pay all his debt himself and the personal estate be sufficient for the  legacy c bring his bill to have the lease deliver up the trust be perform but  dismiss the reversion only after the expiration of the term be devise to he  John Bushnell be indebt make a lease for year to the defendant his wife nephew  in trust for payment of his debt and legacy and at the same time make his will  and thereby recite that he have so make a lease for payment of his debt and  legacy devise the land after the expiration of the say lease to the plaintiff  who be his nephew and heir and make the defendant executor the testator live  twelve year after the make this lease and will and pay all his debt himself  and leave personal estate more than sufficient to pay his legacy the plaintiff  bring this bill for a account of the profit and to have the lease deliver up  the trust for which it be make be perform the defendant by answer insist that  the testator intend he shall have the benefit of this lease and have one  witness that swear that on the defendant treaty of marriage with his wife the  testator to promote it say he have settle a lease for year on he precedent in  chancery my Lord keeper put the case of a devise of a legacy to a mother for  maintenance of her child though the child die the mother shall have the legacy  and think the defendant proof sufficient to rebut the plaintiff equity if he  have any which he think he have not the reversion only be devise after the  expiration of the lease and say it do not differ from the case of Crompton  versus north Chan case brown Rep bro c c S c cite
case BUSHWOOD against pond Michaelmas term Elizabeth roll a prescription plead  under a lease make after the time lie in the declaration be have upon demurrer  but good after verdict A prescription for common for sheep be well prove  though the jury find it for sheep and six cow ante bull n p burr Cowp dougl  term Rep trespass of his hest take Nov Elizabeth the defendant justify for  damage pheasant in his freehold the plaintiff reply that long time before the  trespass the parson of d be seize of such land in fee and of common for one  hundred sheep thereto appertain and Novemher Elizabeth let that land and  common to the plaintiff for year and therefore put in his hest c the defendant  traverse the prescription to the common allege and find for the plaintiff it  be move in arrest of judgement that this replication be not good for the  plaintiff entitle himself by a lease Novemher Elizabeth which be long time  after the trespass suppose in the declaration queen Elizaheth heginneth her  reign upon the Novemher and so a departure from it and no title the whole  court hold it to he ill for which the defendant may have demurrer but in  regard he have pass that advantage and have take issue which be find for the  plaintiff it be now help by the statute of Jeofails for it be but a  mispleading and therefore adjudge for the plaintiff note the jury find here  that the parson have common for one hundred sheep and six cow and yet it be  heldper curian that the plaintiff have not fail in his prescription allege  croak Elizabeth but it be say by Walmsley if the jury have find that he have  common for one hundred and twenty sheep and so more of the same kind than he  have allege he have fail croak Elizabeth er p
case buskin alias live against Edmund ante debt upon a lease for tithe by the  assignee of a reversion against the assignee of a term shall he try where the  contract S suppose to have be make and not where the land lie say vide Com dig  n contra ante side dyer sand debt in London upon a lease for year suppose to  he make in London of tithe in h in the county of ken by the assignee of a  reversion against the assignee of a term after verdict upon a Inihil dehet  plead and find for the plaintiff it be move in arrest of judgement for that  this action be bring in London for it be not ground upon any privity of  contract for both the party be stranger to it but by reason of the occupy of  the land and the estate of either of they therein and although peradventure  the action at the first may well have be bring in London by the lessor for the  contract make there yet it can be so here wherefore c Altham and brock move  for the defendant that the action lie not say non allocatur for the privity of  the contract be convey with the estate but for want of privity debt lie not  against the first lessee because he be not privy in estate but the contract be  always triable where it be make videlicet in London vane therefore the action  there be well maintainable and it be ad uaged for the plaintiff
case bustard against coulters quod vide ante fol the exchange of a estate in  possession for one in reversion defeat by the eviction of the tenant for life  ante Bl Rep ante it be now move again and all the court resolve that the  exchange be altogether defeat by the eviction of the estate for life for the  exception to the plead they hold they not to he material as the case be upon  the record for as to the flrst exception that the entry be not plead upon a  fine sheep render which be executory they hold that it be well enough for when  it be plead v irtule casus he be seize in fee it be to he intend that he enter  for otherwise he can not he seize which be the usual plead in such case upon  fine sheep render and have be always admit to he good as appear in Grendons  case a and so be all that e precedent wherefore this exception be croak  Elizabeth disallow to the second except a in the report of this case more it  be say to have be adjudge in favour of the defendant for that the bargainee be  in by the fine and the ancient use revested in the wife on the payment of the  money by the express word of the first part of the indenture for the  subsequent assurance to the husband and his heir if not void for repugnancy  must he construe to give he the reversion only a Plowden croak Elizabeth er p  cion it be hold itwas help by the rejoinder for although in the replication he  say not to who the bargain and sale be make but by the hahendum yet the  defendant himself in his rejoinder say quod be Elizabeth hedgehog be the  bargain and sale be make to W Gregory who be the party to the indenture and he  mention not the hahendum so as it ascertain the court to who the bargain and  sale be wherefore it be good enough notwithstanding these exception and be  adjudge for the plaintiff
case butler against cozen in trespass inter alian for break a lock upon a gate  there shall be no more cost than damage unless the judge certify sir Peter  king move to have full cost in a action of trespass inter alian for break his  lock upon his gate and cite a anonymous case in Ventris a vent a and the case  of barn v Edgard b Mod b curian have it be for take away the lock full cost  may have be give Powell justice but this seem to be lie as a trespass in order  to try the title and where the freehold come in question c ld ray salk c there  it be hold full cost shall be but where the freehold do not come in question  there no more cost than damage but if the judge certify the trespass to be  voluntary and malicious there the cost be to be full by statute car c but it  be adjourn d it be say that it be hold within the statute for the lock be fix  to the post and the post to the freehold S c vin Abr in margin see also  Reynolds v Osbourne Mod Mitchel v Soaper bunb hill v reeves bull n p birch v  daffey bull n p Higgins v Jennings ld ray blunt v mither stram Stileman v  Patrick Mod Lord Dacre v tebb black d to see if the judge who try the cause  will certify e see Reynolds v Edward that if it appear on the trial that the  trespass however small be commit after notice and the jury give less than  forty shilling damage the judge be bind under the statute will c S to certify  that the trespass be wilful and malicious in order to entitle the plaintiff to  his full cost term Rep e
case butler against deal Trinity term Elizabeth roll debt on a judgement  recover by husband and wife may he bring by the husband alone side Mod Leon  Leon salk comb skin debt for a debt damage and cost recover by butler and his  wife modus croak Elizabeth er p perstite against the defendant in this court  and because the feme be not name in this action the defendant demurrer but it  be adjudge for the plaintiff without argument that the action well lie
case butler against gorst easter term car roll in what manner a insolvent  debtor act must be plead the defendant plead quoad performance as to his  person that he be discharge by the Act for relief of the poor prisoner and say  not that he be a prisoner the twentyninth of may but only six month before  hold nought beside he do not say at who suit also hold nought and judgement  for the plaintiff
case butler against painter word of too general a import will not support a  action of slander yely action for word for that whereas the plaintiff be a  justice of the peace the defendant say you dooponly maintain and countenance  the worst people against God law and the queen after verdict it be move that a  action do not lie for these word for it be not show whothese people be which  he intend be the worst people videlicet rogue heretic or the like and it be  not show that he do know they to he such person nor in what he do maintain  they and of that opinion be Fenner and Clench but Popham chief justice contra  for they find to his discredit and he say it be adjudge upon good deliheration  in a case hetween sir Henry Portman and Stowell that for the see word thou  maintain such suit a action do lie for maintenance be unlawful and odious and  it be here allege to he speak wicked and can he intend but he maintain they in  their naughtiness afterward mich pound Elizabeth the case be move again and it  be hold by the whole court that the action do not lie for the word be too  general to maintain a action
case butler against rews two can join in a action for a false return to  mandamus ante action for a false return to a mandamus be bring by two  churchwarden a and move in arrest of judgement that it can not be because the  fee of the one be not the fee of the other but several curian advisare vult a  cro a see king v town of Andover ante modern report er p
case butler against Rolfe time of bring in principal interest and cost S c  salk S c holt per curian there ought not to be a stay of proceed upon the  bailbond upon bring principal interest and cost into court after notice of  trial without it be bring within such time as the plaintiff may not be delay  of trial see Anonymous ante post salk Mod a
case butler against waterhouse fraudulent settlement trover and conversion a  special verdict find a deed of settlement for eighty year with several other  limitation with a proviso of revocation as to all the use save the eighty year  and afterward a sale to the defendant without revocation or consent of trustee  conclude that if by the Elizabeth c it be void against the defendant as  fraudulent then they find for the plaintiff the question be if the court can  judge of fraud it be argue that they can not judge it fraudulent unless the  jury have find it so on the other side it be urge that the court may judge of  the proviso in the statute Elizabeth c and if this settlement be void within  that Act by reason of the power of revocation there be cite the case of  Standon v bullock   Brownl Bridgm lane Adjornatur
case butler and his wife against Bradbourne debt lie on a recognizance debt  upon a recognizance and hold to lie and judgement for the plaintiff b Mod salk  burr c the return therefore in this case be hold good SC Mod 37 and the  peremptory mandamus be deny SC comb SC Mod SC holt upon a mandamus to restore  a alderman the return be that he have misemploy the revenue of the corporation  and erase one of the corporation book and that be charge with these crime he  have be hear what he can say in his defence a exception be take that a summons  be necessary in all case of disfranchisement except the party do not live  within the corporation but at some distant place by holt chief justice a man  ought not to be disfranchise until he have be hear in his defence upon notice  and preparation and summons be only necessary for that purpose therefore if a  man be charge in full a place of assembly and order to prepare by such a time  this will be good though there be no actual summons for summons be only  necessary to give the party a opportunity to make his defence and if he be  hear c it be enough king v chalk easter will ld ray salk Mod see also Morriss  case cite Mod but in the case of king v lime king easter term Geo it be  determine that where non residence be good cause of amotion it be not  necessary that the party shall be summon to reside previous to the proceed to  move he dougl shower KB er p
case button against long if unity of possession he plead in discharge of tithe  the unity at the time of the dissolution may he traverse   Leon Sav more  prohibition and surmise in discharge of tithe that I S prior of Bradestoke be  seize of the rectory whereto and of the land out of which the tithe be demand  in fee simul el semel from time whereof c and at the time of the dissolution  el ration ind the say land be discharge c the defendant traverse the unity at  the time of the dissolution and thereupon the plaintiff demurrer Fenner and  Clench cceteris Justitiariis send away hold the traverse to he ood for  although there be a unity of possession from time whereof c et if it be not at  the croak Elizabeth time of the dissolution it shall he charge but if the  charge have be plead general by prescription and not by reason of unity then  the prescription ought to have be answer and not the unity and in Trin  Elizabeth Calmady v wither it be so rule in the common plea wherefore it be  adjourn a see Mod croak Elizabeth er p
case button versus price post I brown parliament case bro p c and ed No proof  to be read in the house of lord which werenot make use of in chancery this  cause be hear by default in chancery and this decree make absolute by default  and the defendant bring a appeal before the lord but the proof not have be  read below they will not suffer they to be read above so the appeal be dismiss  precedent in chancery de boundary S HILLARII in curian porter
case Buxton against horn escape SC ante SC holt escape with consent of sheriff  without consent of plaintiff no bar to the plaintiff debt on judgement
case Buxton versus hutchinson in court Lord chancellor Sabbati die maii  Titheore not due but by particular custom the plaintiff bill be to be relieve  from titheore the ten part or ten dish of all lead over for which any duty be  Payable to his majesty get out of the lead i dress wash and cleanse from the  earth r l in Brassington a township within the rectory of blackborne in the  county of Derby per cur Titheore be not due of common right but by particular  custom only and the court therefore direct a trial to he have at law whether  there be any and what custom within the say township for the payment of  titheore with direction to the judge to endorse the postea how the custom be  find upon the trial and if any custom what proportion Reg lib a fol as to  party and other matter relate to this question vide brown v Vermuden Ch can
case byron against byron debt by specialty be the decease good in that diocese  where they happen to he at the time of his death I roll ab Swinb lev sand side  Inst latch lev hard Bulst salk Carth Godol go debt as administrator of Byron  upon a obligation the case be that the intestate die in Lancashire but the  obligation be at London at the time of his death and the bishop of Chester in  who diocese the intestate die commit administration to I S who release to the  defendant and the archbishop of Canterbury commit the administration to the  plaintiff and this release be plead in bar and it be thereupon demurrer  Warberton every debt follow the person of the debtee and Chester be within the  province of York where the archbishop of Canterbury have nothing to do  Anderson where one die who have good in diverse diocese in both province there  Canterbury shall have the prerogative otherwise there will he two  administration commit which be res inaudila the debt be where the bind be be  upon a specialty but debt upon a contract follow the person of the debtor and  this difference have be oftentimes agree vide dyer and if the archbishop of  Canterbury have not any prerogative in York but that several administration  ought to he commit yet at leastwise administration for this bind ought to be  commit by the archbishop of Canterbury wherefore this release be not any bar  croak Elizabeth er p
case byron against emes say a woman have a bastard to hinder her of her  marriage which be then in communication with a not actionable S c comb S c  salk action on the case for scandalous word wherein the plaintiff declare she  be a chaste virgin and of good fame and that whereas I chapman be in  communication of marriage with her the defendant prmissorum non ignorant to  defame her and hinder he of her marriage say of her what do you go to London  for but to drop your stink with averment that where the word be speak stink  signify bastard as also that she go to London last winter to liein and to my  knowledge several people have lie with her upon issue join and verdict for the  plaintiff it be move in arrest of judgement that the word be not actionable  because they be of a spiritual conusance and no temporal loss accrue that to  say a woman have a bastard be never actionable before the statute for  provision of bastard child and since the statute it have never be hold to be  actionable but where the party be bring within the penalty of the statute  which be only where the bastard become Chargeable to the parish these word be  most scandalous of a young woman so that be it res novan perhaps a action will  lie but there be many authority to the contrary it be a crime of which the  ecclesiastical court have conusance and can censure and it be not reasonable  that the party shall be liable to defamation and a action too on which account  whether davis case have be often shake in this case the have the bastard be  not the crime but the fornication of which the party be a undeniable evidence  judgement for the defendant a a roll Abr Bulst cro Elizabeth cro car lev salk  modern report er p
case BYTHAL and five other against harris outlawry can be plead in bar of a  writ of error or of any suit that be to operate by way of discharge ante Henry  pl Henry pl Henry pl ass   Bac ab Bac ab Com dig error by they six to reverse  a judgement in a ejectment the defendant in the writ of error plead outlawry  against one of the plaintiff and it be thereupon croak James er p demurrer  because this be a action not to recover any thing but to restore they to what  they lose and to discharge they of damage and fine but it be agree that if two  plaintiff in debt be bar and bring error the outlawry against one be a good  bar against the other for pursue the error because they be to recover Houghton  justice hold that this be a good plea in a writ of error and rely upon the  yearbook Edward and say that other book be direct in point but sir James lea  chief justice Doderidge and chamberlain e contra for this be a suit by way of  discharge wherein he shall recover nothing and they be enforce to join because  one of the plaintiff be a defendant in the former action and if they have not  join in error the now defendant may have name one who be outlaw who be  defendant in the former action and shall have join with they in this action  and so they never shall have any remedy and it will be very mischievous upon a  outlawry in case of error attaint or hearing complaint which be only by way of  discharge if it shall be any bar this writ be but a commission therefore they  all agree that it be not any plea and award that he shall answer to the error
case c die a h Fitzherbert guard guard prerogative c ch abolish this wardship  and tenure the king by his patent grant to b the custody of the land and heir  of a who be the king tenant by knightservice a afterward die his heir within  age a tenant who hold by knight service of the say heir die his heir within  age the patentee shall not have the wardship of the heir last mention but it  belong to the king for he be not heir to a and though he be in ware to the  heir of a and the king Jenkins have pass the wardship of the heir of a to b  yet such a special case require special word and b shall not have this second  wardship in right of the first wardship by all the judge of England dyer h ass  pl Plowd the king grant to a of all fine and amerciament of the tenant of a do  not pass fine and amerciament impose in the king bench common plea or  exchequer nor before justice of gaoldelivery justice of peace or clerk of the  market upon any of the king officer who be tenant to a for these fine c be  royalty and ought to have special word to pass they the law be the same where  there be tenant of a and a fine or amerciament be assess upon one who be  tenant both of the king and a this fine c do not pass without special word to  grant the fine and amerciament integre to hold non integre to hold Jura king  specific non to go away per general word Jenkins er p Jenkins three century
case c e e e h Fitzherbert villeinage Keyleway in trespass the defendant plead  that the plaintiff be his villain regardant to his manor of dale the plaintiff  attorney confess it and this confession be receive the attorney have his  warrant ad to make away with lucrand although this resolution be in the  presence of the judge of both bench yet it be not their resolution for the  power of a attorney relate to the matter in demand as appear by his warrant if  a that has arisen by birth babendo be bring such a confession may be receive  the form of a warrant of attorney be that a b to put down a c his attorney ad  to make away with lucrand in plea terrae c inter dictum a b e f freedom res be  undeserving of valuation if the client in any suit furnish his attorney with a  plea which the attorney find to be false so that he can it plead it for the  sake of his conscience the attorney may plead in this case quod non to be  truly shape and in so do he do his duty the duke of Norfolk be earlmarshal and  have the office of the Marshalsea of the king bench to he and his heir and  power to make a grant Jenkins of it for life the say duke make a grant of this  office to b the duke general attorney come into the king bench and pray that  this grant may be enrol and so it be this shall bind the duke who compose per  other per see to make to see the plaintiff attorney after judgement in debt  can acknowledge satisfaction within the year for as to that his warrant expire  by the judgement but his warrant continue as to sue execution within the year  but the defendant warrant utter expire when the judgement be give Mandatarius  boundary Himself situation cross non to be able Jenkins second century
case c Elizabeth dyer forest chase Inst Inst a have land in a forest be can  build a house there without the licence of the king or of the justice in eire  if he do it be a purpresture to the forest and be enable and the house may be  demolish but the justice in eire may suffer it to stand and may impose a rend  upon it by the judge of both bench the owner of a freehold in a wood in a  forest may cut down any wood there Jenkins er p without the licence or view of  the forester without a prescription so he may also in a chase if in the forest  and chase he leaves sufficient vert for the game e Fitzherbert the time of e  Fitzherbert trespass   Inst title forest manwood in his book of forest law  croak James Jenkins six century
case c Elizabeth Heydon and Ewres case Cr devise implication a bring seize of  a house in dale and of three house and certain land in sale devise his house  in dale and all his hand in sale to b the house in sale do not pass because of  the express mention of the house in dale adjudge and affirm in error a forcing  apparatus compose to be remiss Tacitus although in grant of land house pass  yet in this case it be a devise the intention of the testator be to be pursue  if he have intend to devise the house in sale he will have mention they as he  have not mention the house in dale
case c h four time adjudge rend in fee or in tail grant out of gavelkind land  follow the nature of the land and descend as the land do Jenkins five century
case c James Comins case Cr amendment Durham nisi prius ejectment in Durham  issue be join in the time of queen Elizabeth and a distringa thereupon and  alias distringa in the time of king James of juror upon a issue join in curian  our men where it ought to be queen elizabethae and upon this writ the jury be  take with tale de A standing round adjudge good and amendable affirm in error  and it be well in Durham for the judge there be judge of the entire record  otherwise upon such a trial upon a nisi prius out of the court of Westminster  ejection strong lie of a coal I and of a boilery of salt Jenkins eight century
case c James Cr kersey versus Lovet in ejection strong the entry of the  plaintiff after verdict upon the nisi prius and before the judgement do not  abate the writ and be not assignable for error the venire facias be returnable  die loveliness post crastin purification and well to try a issue join in the  king bench the plaintiff have judgement affirm in error lane er p lane report  report in the court of exchequer beginning in the three and end in the nine  year of the reign of the late king james by the honourable richard lane late  of the middle temple a eminent professor of the law sometime attorney general  to the late prince Charles be the first collection in that court hitherto  extant London lane michaelmas James in the exchequer
case c Plo e ass pl h h h h a lend money to b without any write b make his  executor and die the money be not pay no remedy lie against the executor of b  at commonlaw neither by action of debt nor on the case this rely on two reason  the defendant may have wage his law the debt may have be pay in private or  some other recompense give of which the executor may not have knowledge debt  is owed to loosen to strive for be common mention in will h dyer it be a  common point of learning that a executor can be charge upon the simple  contract of his testator debt do not lie against the executor in this case and  it be agree by the judge h that a action upon the case do not lie against they  of late time the other opinion prevail our author do not take in all the  reason in the above case which be in   quod vide the reason of this judgement  be the executor have good of the testator to his use and it be high reasonable  that his debt shall be pay and they ought to be pay before legacy curian king  non debet to withdraw in the whole of the laws to hold forth many such case of  great consequence may be show which there be no occasion to collect human  reason have much variety in the exercise of it and sometime contrariety  oftentimes the same person alter his judgement when he have recourse to his  reason so true be that which Annaeus Seneca deliver in the four book of his  natural question si in all respects argument ad plate to begin to drive out  silence indice few for very are without enemy and therefore nothing can  conduce more to the honour of the law and the repose of the subject than to  make a great volume of judgement affirm upon writ of error by all the judge of  England or of judgement which can only be reverse in parliament collect out of  the print report and from the record of the court of Westminster from which it  may not be lawful to depart a inch and which may have such authority as  Littleton book have by this time obtain Jenkins four century
case CADEE against oliver husband and wife make a lease by indenture for year  the land be bind in a statute they afterward levy a fine of the reversion SC  report at large Leon cro car roll ab ejection firm it be find by special  verdict that Lord montjoy be seize in right of his wife be bind in a statute  of two thousand pound Elizabeth to sir Lionel ducat and after let the land to  Hoskins for twentyone year and after let the land to I Cadee for ninetynine  year to commence immediate in Elizabeth the land be extend upon the statute at  fiftythree pound per annum Lord montjoy and his wife grant the land to very in  fee and during the extent I Cadee grant the term to his sou Lord montjoy die  the son enter upon the conusee of the statute c two question arise first if  the grant of the term by I Cadee during the extent be good second if the  lessee may enter upon the conusee of the statute without a to know facias  Cooper argue pro plaintiff Harris pro defendant Harris say it have been  resolve by the opinion of the two chief justice that the grant of the term be  void for the extent may continue long time or short and so may continue long  than the ninetynine year el adjournatur a a see Bac Abr croak Elizabeth er p
case Caesar against holt and other the court will not grant a attachment on  affidavit of a rescous S p Barnard king b a rule be make for the defendant to  show cause why a attachment shall not go against they for commit a rescous c  and now they show for cause that such attachment ought not to be allow upon  affidavit of a rescous because in such case the party may be take into custody  before the writ be return therefore the sheriff ought to return a rescous  before the defendant shall be prosecute for it see sheather v holt stram and  king v elkins burr a and the court be of opinion that the sheriff ought to  return the writ which if false then the plaintiff have a action against he but  if the return be true then the action lie against the rescuers cro James Bulst  cro car Com dig pleader d b therefore if a attachment cro James vent salk king  v Pember b r h c shall be grant on a affidavit of a rescous before the return  of the writ the defendant can have no action against the sheriff for a false  return hilary term the nine of George the first in the king bench sir John  Pratt Knt chief justice sir Littleton powis Knt sir Robert Eyre Knt sir John  fortescue aland Knt justice sir Robert Raymond Knt attorneygeneral sir Philip  York Knt solicitor general
case Caesar against stone the exigent must mention where the sheriff be to  bring the body error to reverse a outlawry the error assign be that ita the  writ of exigent no place be mention where the sheriff be to have the body so  that the sherify can know into what court to bring the body and for this cause  the judgement be reverse Edward brief Henry pl
case cage against Peyton and everet I Trinity term Elizabeth roll a lease of a  manor To take out kind of water fowl tree c with a covenant to take fireboat  super prcemissaprcedicta shall only extend to the land demise post Cowp  trespass quare enclosed space bosci Himself peremptory or urgent call frith to  break in pieces et forty load of the wood do take and carry away the defendant  plead that the place where be parcel of the manor of great Ho nehey which  manor the earl of Oxford let to Heywood for year cc To take out kind of water  fowl tree mahermiis gross tree et subboscis but do not covenant and agree that  the lessee and his assign may to reasonable fireboat and hedgebote super  prevmissa proedicla during the term the earl afterward convey the reversion to  the plaintiff and they as servant of the lessee justify for reasonable  firebote c the question be if in the place where c be parcel of the wood which  be except out of the lease if by reason of these word super prcemissa prcedict  they may take tree or if it shall he only refer to the land demise Godfrey and  Egerton for the plaintiff the fireboat be to he take only upon the land let  for that which be except be not let and prcemissa shall he take for  prcedimissa snagg contra Wray c j the agreement that he shall take fireboat c  super prcemissa shall only extend to the land let but if he have aver that  there be not sufficient upon the land let that may peradventure alter the case  and so be the opinion of the other justice judgement be give for the plaintiff  a hawk croak Elizabeth er p
case Calcot against hatton a special promise to pay the debt of another be  within the statute of fraud though the action be bring in a inferior court  error to reverse a judgement in case of assumpsit in the sheriff court of the  city of York resolve that a indebitatus assumpsit or a special assumpsit  though it be on a special promise to pay another man debt and though it be  collateral be within the statute car c of fraud and perjury yet the not allege  a note in write in the declaration be not error for the court will intend  there be a note give in evidence yet many since that Act do declare quod  assumpsit super see prout per notam c but this be not necessary for the want  of it be not error judgement be affirm a   hob b see the yearbook Edward page  pl c see the case of lee v gansell Cowp to accord a see a anonymous case Mod  accord and salk shower KB er p
case Caldicot against commit de pembroke after venire return and jury summon  if the party agree and do not countermand the summons the juryman who appear  shall have their usual charge ejectment this cause be appoint for trial at the  bar of this court by a jury of wilts and a venire return and the jury summon  but before the day the party agree and the summons not be countermand several  of the jury appear I move that they may have their charge and it be order that  the atorneys on both shower KB side shall pay they between they as be usual in  other like case as the court say
case Caldicot against smith distribution under car c shall only extend to  brother and sister child of the intestate prohibition be pray to a suit in the  spiritual court for a distribution on that clause of the statute car c which  say that there shall be representative of collateral only to brother and  sister child the question be whether it shall be intend of brother and sister  child of the party intestate or of the administrator and it be now hold here  that it shall be only of the former and a prohibition be accord grant
case CALLADAY against Pilkington a insolvent debtor order to be discharge can  be detain for his fee it be doubt whether a gaoler can detain a prisoner  discharge by the late statute for relief of poor prisoner for his fee it be  say that Treby chief justice of the common plea hold he may for the Act be for  give away the right of the subject it ought to be construe strict holt chief  justice let a Act of parliament be ever so charitable yet if it give away the  property of the subject it ought not to be countenance
case callow versus mince and all Eq can ab pl pre Ch S a witness be examine  before the hear while she be interest but after the hear she release her  interest and be examine again before the master her deposition before the  master allow to be read a witness be examine while she be interest before the  hear and the cause be hear and decree to a account she be reexamined after the  hear before the master on the account have first release her interest it be  object that she ought not to be read for have be examine while interest and  her deposition publish she be thereby engage and almost under a necessity of  stand to what she have before swear and can not be free to retract or  contradict it and if because a interrogatory be lead that be sufficient to  suppress the deposition this be a much worse practice and the witness not only  lead but oblige to swear as she have swear before the tender to a witness a  deposition ready draw or if bring by the witness in write and deliver so into  the examiner or commissioner be a sufficient cause to suppress a deposition by  the like parity of reason the deposition in this cause ought not to be receive  but the Lord keeper overrule the objection and order the witness to be read  this probable occur on the argue of several exception take by the defendant  mince to the master report which be enter in the register book that December  but no notice be take of it in the entry Reg lib a fol vide Needham v smith  ante so the deposition of a witness disinterest at the time of make they order  to be read in the cause wherein he be afterward plaintiff goss v Tracy p wms  haw v hand atk Glynn v bank of England ves swire v bell t r Cunliffe v Sefton  east cope v Parry I and W Vernon chancery case de term S HILLARII in curian  porter
case callow versus mince vern S c Eq Abr Eq Abr c S c a witness incompetent be  interest may on a release give he whereby lie become disinterest be examine  again so a witness at the hear reject to be read because interest yet on a  release give be examine again on the account and allow good on exception to a  master report the plaintiff examine a witness before the hear who be then  interest and therefore refuse to be read at the hear the cause the plaintiff  be decree to account and then he give a release to the witness and examine her  over again to the same matter without order of the court and on exception to  the master report and offer to read the say witness the defendant object that  have be examine when she be not indifferent she can never be make a  indifferent witness because oath will always be a chain and bias upon her  beside no witness ought to be twice examine to the same matter without special  order of the court to which it be answer then the defendant ought to have move  to suppress the deposition for want of a order to examine her but can not  object it when the deposition come to be read and as to the first part of the  objection it be say at law if I examine a witness at a trial who be  incompetent and after give he a release he may be examine again so here my  Lord keeper be of opinion for the plaintiff in both and so the witness be read  and prevail precedent in chancery de boundary S HILLARII in curian porter
case CALMADYS case prohibition grant to the court of request Inst cro James  Calmady pray a prohibition to the court of request for that in a action of  trover for diverse good after verdict and judgement in this court and affirm  in a writ of error the defendant croak car surmise matter of equity and that  he be surprise in the trial and have not his witness there have have two  verdict before against this trial the question be upon sale by the  commissioner upon the statute of bankrupt whereupon a prohibition be grant and  the court resolve that so they will always do whenever any exhibit bill be  after verdict and judgement in the case of Stepney v Lloyd a in the common  plea where duress be plead to a bind and afterward a attachment issue out of  the court of request against the defendant it be hold to be a good plea and  there resolve that the a t of request can grant a attachment of contempt and  in Elizabeth it be agree per totan curian to be against law that the court of  request shall commit any and in Elizabeth in this court Austen v Breerton b in  a action and judgement for the plaintiff the defendant sue in the court of  request to be relieve this court upon examination do bail the party and sir  Thomas gawdy be convent before the queen for it yet notwithstanding it be hold  good enough and Breerton be enforce to satisfy the say judgement a cro  Elizabeth b Leon croak car er p
case calthorp against Culpepper in assault a variance as to the place between  the original and declaration be not fatal ante post cro car latch palm Com dig  Cowp dougl term Rep trespass of assault battery and wound at Islington in the  county of Middlesex after verdict for the plaintiff it be move in arrest of  judgement that the bill upon the file suppose the battery in London the bill  be view in court wherein be suppose a battery to be the same day and year at  London so the bill be variant from the declaration and do not warrant it croak  throw the court hold that be after verdict it be aid by the statute of  Elizabeth c as the want of ail original writ be and this bill in London be as  no bill at all a for this action bring and try in Middlesex wherefore it be  adjudge for the plaintiff
case calthorp against newton Trinity term James roll if twentyfive juror be  return and the twentyfifth be swear and try the cause it be a mistrial Jones  cro car   cro Elizabeth Brownl dougl trespass the party be at issue upon a  venire facias award twentyfive be return and at the nisi prius twelve of they  be swear whereof the fiveandtwentieth person be one for this cause it be move  in arrest of judgement and hold to be a ill trial and not aid by the statute  of Jeofails but the court hold that although twentyfive be return and twelve  of the first twentyfour have be swear and not the twentyfifth person it have  be well enough and aid by the statute but as the case now be it be a mistrial  and not warrant to swear the twentyfifth person wherefore a venire facias de  to make new be award
case calthorp against uvoodward Trinity term Elizabeth roll venire facias  improper award on the roll post error of a judgement in debt the error assign  be that the v enirefacias be award upon the roll Trin Elizabeth returnable  mich pound Elizabeth and the trial be by nisi prius July before the return of  it which be a call of the jury without warrant the court hold that if the v  venire facias have a ill testae or a ill return or be want this be aid by the  statute after verdict but here it be not want but the jury be take before the  return of it and so without warrant and for this cause it be ill and not help  by the statute
case caly against hardy GOLSON and other justice OF the peace OF the town OF  Ipswich if a forcible entry be commit and all the justice of the corporation  refuse to inquire of the force it may be make by the justice of the county S c  ante S c holt Mod stram the magistrate of the town of Ipswich bad a mind to  turn the clerk of the market out of his place and procure a forcible entry to  be make upon the markethouse to get modern er p the possession thereof from he  and the justice of the town be as be suggest in the faction will not inquire  of the force holt chief justice if all the justice of a corporation be concern  in a force and will not inquire of it the next justice of the county shall do  it for the deny to do it be a forfeiture of their exemption from the county  and here a mandamus be grant joint and several to all the justice of the town  to inquire of the force for the court will suppose they all guilty
case camlet and his wife against griffin queen if entire damage may be assess  for word when some of they be not actionable case for word speak at several  time and move in arrest of judgement that some be not actionable Hooper pray  judgement because admit that yet if the latter word be of the same sense  explanatory of the former it will be well enough though of themselves they be  not actionable and that be the difference in the case of Jaxon v tanner in cro  car a adjournat quere de hoc a hob Brownl a easter term car roll b afterward  judgement be give that the defendant shall answer over for duplicity SC Carth  SC holt SC comb a see car c and Geo c a see also Penson v Gooday cro car  shower KB er p
case can against carry where a agreement be at land and a performance be at  sea it shall be try where the agreement be make and say in birth beyond sea  infra paroch be idle a   light Litt sect b dyer a Litt S   b cro c   light  roll Abr modern report er p modern report easter 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 can versus read June Trinity term a debtor to a bankrupt estate pay the  debt to one assignee be not a discharge he shall have take a receipt likewise  from the coassignee otherwise as to a executor because they have each a power  over the testator whole estate and consider as distinct person the motion in  this cause be for a injunction on a offer to pay the money into court for  which the defendant S action at law be bring note the plaintiff state that  they as debtor to a bankrupt have bring their bill of interpleader atkins er p  against the assignee of the bankrupt and the other defendant who be his  creditor two of the assignee claim the debt as stand in the place of the  bankrupt the other assignee and the rest of the defendant allege that the  bankrupt only act as factor or agent for they and therefore likewise insist  upon the debt after that defendant have put in their answer the latter bring  their action at law the plaintiff nowmade the above motion which be grant Reg  lib a fol Lord chancellor in give his reason for continue the injunction say  he never know any determination that a debtor to a bankrupt estate pay the  debt to one assignee and take his receipt will be a discharge but if the  assignee do not bring this sum to account and be insolvent he doubt whether  the debtor to the bankrupt estate will not be liable to pay it over again for  though payment to one executor be good because they have each a power over the  whole estate of the testator and consider as distinct person yet assignee of  bankrupt be in the nature of trustee and unless the debtor to bankrupt estate  have take a receipt from the coassignee it be not a absolute discharge
case canning versus hicks novembris Lord chancellor Ch can S c a forfeit  mortgage in fee decree to be personal estate and to belong to the executor and  not to the heir upon a rehear of this cause the sole point insist on be where  a man have by his will devise particular legacy to his executor as he have  likewise do to his heir whether the heir or executor there be no defect of  asset shall have some mortgage in fee make to the testator that have be  forfeit in his lifetime and the court confirm their former decree in favour of  the executor but do admit as this case be circumstance there be much to be say  in behalf of the heir but since it have be often very solemnly settle that all  mortgage shall be look on as part of the personal estate and that it be now  grow the establish rule of the court it be not fit to alter it in order to  accommodate one particular case in the argument of this case be cite the case  of turner and crane on the one side where a old forfeit mortgage Vernon  chancery case of a copyhold be decree to the heir and on the other hand the  case of baker and Thornbury Ch Rep settle in the Lord nottingham time where in  the case of a old forfeit mortgage in fee though the money by the proviso be  make Payable to the heir yet it be decree to be part of the personal estate  and the case of Noy and Ellis Ch Rep though the mortgagors will not redeem yet  the land be decree to the executor against the heir Reg lib a fol and it be  now a rule in all case that the mortgage money shall be decree part of the  personal estate and belong to the executor or ad ministrator unless a  intention be declare by the mortgagee or it appear evident from his conduct  that it shall not be so consider as if he foreclose or obtain a release of the  equity of redemption and get actual possession of the premise vide Wynn v  Littleton ante and case cite in not there powell law of mortgage vol et seq  Vernon chancery case er p
case Cantrel against church a action on the case as well as a assize will lie  for stop a way though the inheritance be in question ante Henry roll Abr roll  ab lev vent vent Lut Leon Leon error for that in action upon the case the  plaintiff declare that he be seize in fee of a house and land in d whereto he  have common appurtenant in such a place and that he and all those who c have  have a way from the say place wherein c and that the defendant altogether have  stop up his way whereby he can not come to his commofi but have altogether  lose the use thereof c the defendant plead not guilty and it be find against  he and judgement give for the plaintiff and error assign because he ought not  to have have a action upon the case ut a assize of nuisance in regard the  inheritance be in question and so upon the first motion hold diverse of the  justice and baron but after diverse motion and consideration have of the book  of Elizabeth dyer b ill Hen hell and other they resolve that the action be  well bring for he have election to bring either the one or the other for  although there have difference be take where the way be so stop up that he  lose the use thereof altogether and thereby his common there a assize shall  lie but where it be estopped but in part and not total that there a action  upon the case lie and not a assize they conceive it not to he any difference  for he have election to have either the one or the other action especial as  this case be where it appear not that the stop be make by he who be the tenant  of the freehold but it may he do by stranger who have nothing to do with the  land or by one who have but a term therein wherefore they all I resolve that  the action be well bring and thereupon the judgement be affirm a
case cap against lancaster in debt on a bill upon demand it be not necessary  to state any actual demand post Jones strange debt upon a bill of seventy  pound to he pay upon demand and forasniuch as the plaintiff do not show a  actual demand William for the defendant demurrer a see pound car c S and g  croak Elizabeth er p for he show that the demand be parcel of the contract so  that the money croak Elizabeth be not due until demand and a demand be  requisite a demand in law by bring the action will not serve the turn as Henry  pl where one be bind to levy a fine upon request c but Walmsley Heaumond and  Owen hold it to he well enough for it be a duty maintenance and therefore  there needs not any demand as in the other case for there the plaintiff have  not any cause of action until a precedent act do by he but it be do so here  wherefore they adjudge it for the plaintiff
case car against barker error that a infant appear by attorney and not by  guardian conclude with a verification be good ante roll ab cro Elizabeth Com  dig dougl if a infant commence by guardian and proceed by attorney it be a  discontinuance   Ent Mod vent c Carth roll Rep error of a judgement in the  common plea for that he appear by attorney and rot by guardian whereas he be  and yet be a infant a et hoc a preparation be verify prout curian c et petit  breve de praemoniend and be admit by Rey his guardian to assign that for error  the defendant plead in nullo be erratum and it be now move that this  assignment of error be not sufficient because he conclude et hoc a preparation  be verify prout curian c whereas he ought not to conclude prout curian but it  be hold to be good enough be et hoc a preparation be c it be then move that  the writ of error be discontinue because the entry be ad who diem prediction  car per attorney suum infra scrip where it ought to have be per jailer suum c  and of that opinion be Fenner Yelverton and croak the other send away  wherefore the plaintiff prosecute a new writ of error a see James c and and  Ann c by which this error be now cure ante in notorious facts croak James er p
case car against GOSLINGTON a landlord be not entitle to a year rend out of  the good of a undertenant a lease to b who lease part to c who good be take in  execution a the first landlord move on Ann c to have one year rend pay but be  deny the Act extend only to the next and immediate landlord a S p determine  accord in the case of John Bennet Esq a master in chancery stram a
case car against king cohabitation sufficient to charge a man as a husband  ante p debt against a husband for the lodging of his wife and proof only make  that he former cohabit with her and own her as his wife and hold sufficient to  charge he a but that he may discharge himself by give elopement in evidence b  for they that will trust a wife that have elope do it at their peril c
case Carden against tuck by the devise of a message a garden and the curtilage  will pass without say cum appurtenance ante Keilw more n hendl Plowd   light b  b   sand leo Ch Cas light Rep see the case of clement v Collins term Rep  ejection firm upon special verdict it be find that I S be seize of a message  to which a garden and curtilage do belong join together and enclose with a  wall and there be no way to the garden but through the message he devise the  message to his second son in fee and mention not the garden or curtilage nor  say cum appurtenance if the garden and curtilage passes be the question after  argument by heal of the plaintiff part and draw for the defendant it be  adjudge that the garden and curtilage do pass for they agree clear that a  curtilage be as parcel of a house and shall pass in case of afeoffment without  say cum appurtenance as a stable or dovehouse they doubt of a garden because  it be but a place of pleasure but afterward they resolve the garden do pass  for it be as well for necessity as pleasure
case carew against Merler the return but not the testae of the v enirefacias  may he amend ante   dig error of a judgement in the common plea in debt the  error assign be because the venire facias be award hear testae after the  judgement as in truth it be date a year after but it be hold that in regard it  be after verdict and the trial be upon the distringa with the nisi prius so as  if there have not be any venire facias at the statute will have help it and it  shall not he intend that this v enirefacias which bare testae after the  judgement be the venire facias in this suit and although it be certify to he  the same venire facias the court will not take it so but rather that there be  not any v venire facias at all the trial and judgement thereupon be good but  they hold that the testae of a v venire facias can never he amend but the  return thereof may he amend because the roll warrant it and this be variant  from the roll may he amend but the roll make not any mention of the testae  thereof as mary dyer pl wherefore the judgement be affirm
case carey against to be callous the bailiff of a liberty need not state his  title special in a action against a sheriff officer for enter his bailiwick SC  comb action on the case by the bailiff of Westminster bring and declare in the  same manner as in the case of Carey v Bacchus which see above a and the roll  of it bring into court and the same judgement give as there videlicet for the  plaintiff
case CARLION against mill Hilary term car roll a action on the case lie  against the apparitor of a bishop for malicious cause a man to be cite to the  consistory court upon a groundless suspicion of incontinency ante S C Jones  roll ab cro James cro Elizabeth Lutw side lev skin Com dig Mod vent Bac ab  dougl term Rep term Rep action on the case for that the defendant be a  apparitor under the bishop of Exeter malicious and without colour or cause of  suspicion of incontinency of his own proper malice procure the plaintiff ex  duty a upon pretence of fame of incontinency with one Editha whereas there be  no such fame or just cause of suspicion to be cite to the consistory court of  Exeter and there to be at great charge and vexation until he be clear by  sentence which be to his great discredit and cause of great expense and loss  upon not guilty plead it be find for the plaintiff Ashley sergeant move in  arrest of judgement that in this case a action lie not for he do nothing but  as a informer and by virtue of his office but all the court absent Richardson  hold that the action well lie for it be allege that be falsely et wickedly  cause he to be cite upon pretence of fame where there be no offence commit and  aver that there be not any such fame so as he do it malicious and of his own  head and cause he to be unjust vex which be to raise gain to himself whereupon  they conceive he be find guilty for it the action well lie and therefore rule  be give to enter judgement for the plaintiff unless other cause be show and  upon a second motion Richardson chief justice be present judgement be give for  the plaintiff
case Carlisle against greenwood a administration in the province of York will  not support a action the cause of which arise in the province of Canterbury SC  Mod a to know facias be bring on a judgement in the queen bench at Westminster  and the administrator produce letter of administration grant by the archbishop  of York and because the judgement be asset at Westminster in the province of  Canterbury the administration in the province of York do not extend to it
case CARNESEW versus arscott of the tenth in court Lord keeper a annuity be  grant out of land and make redeemable on payment of a sum of money the grantor  can be foreclose of the land though he may of the redemption of the annuity on  a demurrer to a bill of review the case be the plaintiff have grant a annuity  out of certain land in Cornwall to the defendant with a clause of distress and  nomin pn and a power to enter and detain till he be satisfy all rend in arrear  and the nomin pn the annuitant exhibit a bill suggest that there be no  distress to be find upon the land but that it lie waste and that if h a shall  enter he can make no profit thereof by reason the land be cover with some old  encumbrance and his stock will be sweep away where there be a clear right to a  rend but no remedy at law as e g no demesne land whereon to distrain it seem a  bill will lie in equity for relief duke of Leeds v Powell ves and the annuity  be redeemable on Vernon chancery case payment of a sum of money he pray the  defendant may be absolute foreclose even of the land itself and it be so  decree ex part by the Lord chancellor Nottingham and now it be assign for  error by the plaintiff in the bill of review that he ought not to be foreclose  of the land itself but at most can be only foreclose from redeem the annuity  and that the nomin pns shall run upon he and of that opinion be the Lord  keeper and therefore reverse the decree
case caroons case a alien may be executor and administrator of chattel real as  well as personal and if he sue in autre law his alienage can be plead in  abatement   light b note b b salk Brownl salk Mod Edward pl cro Elizabeth more  Skinner Andrews strange fort ld raym dougl Com dig Bac Abr Bac ab Bac Abr  dougl to a say vide Cowp croak car er p sir Upwell Caroon a alien bear and not  make denizen be agent here for the state of the low country die intestate and  contestation be make to who administration shall be commit the judge of the  prerogative offer to commit it to three of his brother and sister child who be  alien bear and live in the archduchess country but one who be grandchild of  his sister bear in England and inhabit here endeavour to obtain it move that  of right it appertain to he be a denizen because the estate consist in croak  car lease for year of land and personal estate in debt and that alien may not  have lease for year although they may have personal thing and therefore pray a  prohibition Sed curian advisare vult afterward in Michaelmas term be again  move it be resolve by the whole court that no prohibition be grantable for a  alien may be administrator and have administration of lease as well as of  personal thing because he have they in another right and not to his own use  and he may be administrator as well as a person outlaw or attaint may be a  executor and this court have no authority about commit administration c in the  case of beck v Philipps a debt be bring by a administrator and the defendant  plead that the plaintiff be a aliennee but it be adjudge quod respondra ouster
case carpenter against chapman Friday April devise by a father to his two  daughter carry a feesimple land be devise by a father to his two daughter to  augment their portion the question be what estate the daughter shall have in  the land so devise those who argue that they have not the inheritance rely  upon a case in I roll Abr where the father devise his estate to his son and  daughter equal to be divide a more vern Bl Rep Com dig devise n a and it be  adjudge a estate for life only in the daughter there be no word either in that  will or this to pass the inheritance Parker Lord chancellor decree that the  daughter take the inheritance for no other estate can be esteem in  augmentation of their portion b wright v Pearson Amb villers v villers atk  Gibson v Mountfort vezey S c Amb bagshaw v Spencer atk oat v Markham burr b as  a devise of modern report er p land to I S pay ten pound carry a feesimple c  Mod vern cro Elizabeth cro James Com dig devise n c though ten pound be not  the hundred part of the value of the land and the reason be because otherwise  the devisee may be a loser as if he pay the ten pound and die immediate after  so if a man devise a thousand pound to be lie out in a purchase of land to be  settle on his son his son will be entitle to the feesimple of those land as  have be late decree
case carpenter versus bennet eoden die in court a man indebt agree on his  marriage to settle land of pound a year on himself for life then to the wife  for her jointure remainder in tail upon their issue decree the land to be sell  to pay the and the surplus of the money to be lie out and settle on the wife  and the issue but this decree reverse on a bill of review a man upon his  marriage have agree to settle his land be pound per annum upon himself for  life remainder on his wife for her jointure the remainder in tail upon their  issue and it appear in the cause that the husband have then contract a debt of  pound it be decree the land shall be sell the husband debt be first pay and  the residue of the money lie out in a purchase of land to be settle on the  wife and her child and a bill of review be bring to reverse this decree it be  assign for error that the husband have not a sufficient allowance make he for  his interest in the premise and that this be all his estate he ought in equity  to have have some provision make he out of the estate which be decree to be  purchase for his maintenance Vernon chancery case and for these reason the  Lord keeper reverse the decree say it be hard to compel a man to sell his  estate for life for seven year purchase and it be likewise hard the wife shall  not allow her husband maintenance in this case there be a demurrer which be  overrule but without cost Reg lib a fol
case carrel against read the entry of a lessor shall not excuse a lessee from  perform a collateral covenant ante more Owen   a I roll Abr Bac Abr I wood con  covenant lessee for year covenant to drain such water out of land before such  a day he plead that before the day the lessor enter and continue in possession  until after the day and it be thereupon demurrer adjudge to he no plea because  it be a collateral act to he do by he unless he have say that the lessor hold  he out and disturhed he to do it hilary term Elizabeth in the common plea sir  Edmund Anderson Knt chief justice Thomas Walmsley Esq Francis Heaumond Esq  Thomas Owen Esq justice sir Edward coke Knt attorneygeneral sir Thomas Fleming  Knt solicitor general
case carrington against warren a heir shall not have leave to plead riens per  dissent with another plea except he make affidavit that he have riens per  descent the court be move that a executor be likewise heir at law may have  leave to plead double videlicet to loosen ad diem and riens per descent to a  action of debt upon a bind the court refuse the motion without a affidavit  that he have riens per dissent the same law in the case of a modern report  administrator who shall not be allow to plead plene to manage and no asset  without affidavit for this be a matter incumbent upon the plaintiff to prove  and yet it lie more in the knowledge of the defendant than the plaintiff it be  the duty of the court not to assist the defendant by give leave to plead  double but upon probable ground that the demand of the plaintiff quoad the  defendant can be maintain
case carry against jefferson a to know facias against bail can be amend this  be a motion to amend the first to know facias against bail after a plea of nul  tiel record to the second lee chief justice in the case of Hilliard v frost in  the seven year of George the first the court refuse to amend a to know facias  against bail the court let the rule to show cause be discharge for the writ  can be amend the party may discharge the writ and bring another and then the  principal may be surrender
case carry against stafford fraudulent conveyance there be no such estate  decree that so much of his estate shall be convey as be equal to what be  pretend to be convey in exchequer before c Pengelly one pretend to convey a  estate to a woman as premium pudicitice but in fact there be no such estate on  bill bring it be say the estate be in eutopia Lord chief baron Pengelly order  so much to be convey of the best part of his estate see this case more full in  the appendix king
case carter against calthorp Hilary term will mary roll or a declaration in a  action on the case on a plaint in a inferior court for a nuisance from such a  day to the time of the plaint levy et thus far step forth be good after  verdict and entire damage SC lev SC show SC Carth error to reverse a judgement  give in the court of hull in a action on the case where the plaintiff declare  that he be seize of a message c and that the defendant build another near it  and continue the say building from such a day to the time of the levy of the  plaint by reason whereof he stop up his light et thus far obstupavit there be  judgement for the plaintiff and entire damage give and now the error assign be  that by reason of the word thus far obstupavit damage be give for something  after the plaint levy to which it be answer that the word thus far refer only  to the time of bring the plaint and not to any thing which happen afterward it  be to show that the defendant have not abate the nuisance they be word only of  form and use in most declaration modern videlicet to loosen to speak against  et thus far to speak against c and so be the plead in the entry in this very  case videlicet that the defendant build a new house b that reason whereof the  great part of the plaintiff house great tenebritate to render dark to be et  thus far step forth and for this reason the plaintiff have judgement see the  case of Hext v Burton in the common plea in mich term James roll coke entry  Rastals Ent Herne pleader sand cro Elizabeth a
case carter against COLTROPPE Hilary term will mary roll in a action for a  nuisance the continuance must be allege to the time of the action only SC lev  SC Mod SC Carth action on the case for building and erect and continue a  nuisance with a thus far step forth et per curian ill because that thus far  step forth be to the time of the declaration and consequent damage demand for  what accrue after the action bring if in inferior court because of the plaint  continue here by bill
case carter against davis Hilary term William mary roll demurrer in bar on a  plea in abatement be a discontinuance SC Carth SC salk case upon assumpsit the  defendant plead in abatement the plaintiff demurrer as in bar joinder as in  bar upon debate per curian hold to be a discontinuance because the party have  put themselves upon the court as to plea in bar and there be no such and  nothing say to the plea in abatement
case carter against goddard a declaration may he amend by the writ post   a I  Com dig Cowp dougl term Rep error the case be Goddard bring a assumpsit and  his writ be in consideration that he will procure I S to assign to carter such  a term in certain land that he will pay he and allege that he at his  procurement have assign c but in the declaration it be not allege that he have  assign the term c and so no consideration and this be assign for error coke  pray it may he amend for when the clerk have the writ before he which be good  and will not pursue it but leave out a thing comprise in the writ which he  have before he for his information this be amendable Henry pl Edward pl the  opinion of the court be that it shall he amend for that cause and they say so  be the opinion of the justice of the common bench
case carter against Homer Hilary term will mary roll all the rest of my estate  carry a feesimple SC Eq Abr SC Mod ejectment special verdict a seize in fee of  a message and also of copyhold land make his will and in it be these word all  the rest of my estate whether freehold or copyhold I devise one three part to  my wife and the rest to my child equal to be divide between there trinder  sergeant argue that this carry a fee the word estate in legal signification be  the interest which he have in the land say alteran part too little parat  Adjornatur a vide cro car
case carter against palmer a promissory note Payable to bearer be not  negotiable on the custom of merchant but be evidence of money lend to the  drawer palmer have give a note under his hand in this form I promise to pay  the bearer so much money on demand the plaintiff bring his action ground it  upon the custom of merchant as if it be a bill of exchange and aver no  consideration after verdict upon motion in arrest of judgement holt chief  justice we will take such a note prima fancy for evidence of money lend a and  though they have declare on the custom yet we must take care that by such a  drift the law of England be not change by make all note bill of exchange b but  all seem to agree that if it be make Payable to he or order the defendant by  that form have make it negotiable c and by consequence he will be liable to  the action of the assignee in his own name for if a man who be no merchant  will draw a bill of exchange he be suable upon it accord to the custom of  merchant for he make himself a merchant pro tanto d and inland bill be not  know till trade grow to a great height and when they obtain they receive the  same law with outlandish bill S and holt chief justice say he remember that at  a trial upon a inland bill before hale the defendant counsel will put the  plaintiff to prove the custom but hale say they have a hopeful point of it et  adjourn a
case carter against Ringstead Hilary term Elizabeth roll a declaration of use  shall he expound in the same manner as a will SC     Cowp trespass upon  special verdict the case be I bury Henry be seize of diverse land in Odiham  and of the manor of stapeli in Odiham and covenant by indenture to suffer a  recovery of all his land at Odiham and of the manor of stapeli and of his land  in W and l and that this recovery shall he of all his land in Odybam to the  use of himself and his wife for their life and after to diverse other use and  for the manor of stapeli in Odybam that the recovery shall he to the use of  himself and of the heir of his body and after to other use the recovery be  suffer accord bury die and his wife marry carter the question be if she shall  have all the land in Odiham or all except the manor of stapeli per curian she  shall have nothing in the manor of stapeli for although by the first part of  the deed she be to have all the land in Odiham yet this be by way of  declaration of his intent old woman meaning it shall he expound as a will of  which every part shall stand together if it may a and therefore it be express  show that the manor of Stap lie shall he to other use the law shall expound it  so and shall not he carry to her by the first word in the deed and so the  opinion of the court be against the plaintiff
case carter against shepherd by receive money and put it into a bag the  property be alter and detinue will lie for it S c Mod S c salk S c comb S c ld  ray trover for a goldsmith note for one hundred pound the fact be carter a see  the statute Geo c Sillyvan v straddle will and the case of Silly v dally post  a but see will boat v Edward dougl king v amery term Rep modern report er p  have a note of shepherd while shepherd be pay he the money carter put fifty  pound into his bag of the money after it be tell and lie it on the counter  while the rest be tell during which time the fifty pound in the bag be steal  the question be whether carter by put the money into the bag have so  appropriate it to himself that he shall stand to the loss thereof and the  court hold that he shall for the possession of it be the same as if he have  put it into his pocket and he may have detinue for it after it be in his bag  and accord the court order that whereas he have a verdict for one hundred  pound he shall have judgement for one hundred pound and make a release for  fifty pound on record
case carter against shepherd if a person go to a banker to receive a draft of  l and be desire to take l in part which another be come to pay and be count  out l from the l and put it into a bag and lie it on the counter this be a  good part payment of the draft and therefore if the bag be steal from the  counter the banker shall be only answerable for the remain l S c salk S c comb  S c Mod S c ld ray the defendant be a goldsmith and the plaintiff have a note  of a hundred pound draw upon he which he bring to his shop in order to receive  the money at the same time another person come thither to pay the goldsmith  eighty pound which he desire the plaintiff to tell in part of his hundred  pound accord the plaintiff tell fifty pound thereof and put it in his own bag  and lie it upon the counter and while he be tell the rest another person there  be several in the shop pay and receive money steal away the bag of fifty pound  the action be now bring against the goldsmith for the hundred pound modern it  be say that this fifty pound be not pay to the plaintiff for the whole money  must be in the possession of the goldsmith till all be tell for the tell  modern er p be only in order for payment and as long as it be subject to be  retell by the goldsmith it be not in the receiver possession now though the  fifty pound be put up in the bag yet if the eighty pound have be tell short  the goldsmith will have retell the fifty pound curian tell the money and rest  satisfy when tell be sufficient to carry the possession to the receiver and be  and not the goldsmith may have maintain a action of detinue for this money in  the bag but the plaintiff have judgement for fifty pound and nil to take in  hand per billam as to the rest
case case OF vacate fine in the common plead in what case the court of common  plea will vacate a fine on account of the infancy or coverture of the party in  the common plea they will set aside a fine levy by a infant during his life  and infancy upon motion as null and void and without any writ of error as they  will do a judgement irregular obtain by trick or surprise and punish the  commissioner beside if it be take by dedimus and this they will do by  inspection and examination of witness in court but if he be affirm to be of  age they will order a trial by a feign action whether he be a infant or no but  then the complaint must be make to the court before he come of age and then it  matter not if after the motion and so if after shower KB a writ of error he  arrive of age this will not prejudice he for that a inspection be at the first  on the motion make or the writ of error bring so the court do this term set  aside a fine levy by a infant it be find by a jury that he be within age as  the Lord Pemberton tell I so if the next heir or any relation come and inform  the court that the party be a feme covert and levy a fine without her husband  they will set it aside as void in case a fine be take by dedimus before they  allow the fine they swear the commissioner whether it be the right party and  whether of age and if a feme covert whether duly examine shower KB er p
case casein all versus round all Eq Abr c S c wms and atk as to the general  point of notice notice must be deny positive not evasive casein have a  mortgage of certain land whereof the defendant have a prior mortgage and  afterward lend a further sum to the mortgagor oh a statute but as the  plaintiff allege the defendant bad notice of the plaintiff mortgage before the  last money lend defendant by answer do not deny notice positive but evasive  and the plaintiff can not prove notice till after the lend the last money yet  because the defendant have not deny notice positive Lord keeper and master of  the roll decree a redemption on payment of the first money only
case Casey versus BEACHFIELD pale yellow Eq Rep S c a plaintiff in a cause can  be make a witness but a defendant may because he be force into the suit in  this case it be say by Mr Vernon that the reason you can examine any of the  plaintiff as witness in the cause be because if the cause miscarry the  plaintiff will be liable to cost and therefore their swear be to exempt  themselves and it be their own choice that they be make plaintiff for without  their consent they can not be make so but defendant be force into the cause  and if their be make party shall absolute invalidate their testimony it will  be in the power of any one who have a mind to oppress another to deprive he of  his defence by make the most material witness defendant in the suit and  therefore any of the defendant to a suit may be examine as witness save just  exception to their credit c
case castle against richardson the spiritual court may compel the  chapelwardens of a donative to perform such office S c stram S c bar king b  reeves to show cause against a prohibition to a suit in the spiritual court  for not take upon he the office of a chapelwarden on plea that the chapel be  donative and not under the visitation of the ordinary which plea they accept  but admonish the defendant to take the office or show cause the defence be  that the chapel be a donative a donative in some case be exempt with respect  to the incumbent but the chapelwardens be to be swear in by the ordinary and  that court have the jurisdiction of the office it be not put upon a election  by custom which can be try there the only question be whether he shall take  the office fazakerly the affidavit go on to show that we desire copy of the  proceed and be refuse which by the statute be make a ground for a prohibition  reeves that be not in their suggestion per curian they may amend their  suggestion but in that case the prohibition be only until what time the rule  enlarge for ten day by consent a by strange the prohibition be deny for though  there be a difference as to the incumbent in the case of a donative yet they  be the officer of the parish not of the patron of the donative stram a
case Castleman against Hobbs Hilary term Elizabeth roll a innuendo can alter  the common intendment of the word speak by the addition of a new fact more  Owen cro James Bac ab t Rep action upon the case for these word thou art a  thief for thou have steal half a acre of my corn innuendo the corn grow upon  half a acre of ground reap upon this declaration the defendant demurrer and  upon the first motion without much argue it be adjudge for the defendant for  the steal half a acre of corn can be say to he felony for it shall he take in  common parlance and intendment corn grow upon the land which the plaintiff cut  down and carry away and the innuendo help nothing unless the word precedent  have a vehement presumption of the innuendo and herein no man will intend that  it be corn sever when he say half a acre of my corn wherefore it be adjudge  for the defendant
case CATCHMADES case a debt of four pound can be sue for by several action in  a inferior court side hob vent   light a per curian if a contract be for four  pound and a plaintiff to give a inferior court jurisdiction will split it into  several action a prohibition shall go
case CATERALL against marshal in case on a promise to give a bind with  sufficient penalty the omission of state the penalty be bad on demurrer but  good after verdict S C keb S C Lel S C vent side burr term Rep term Rep action  upon the case in the common plea wherein the plaintiff declare that in  consideration that he will give the defendant a bind of sufficient penalty to  save he harmless he will c and set forth that he give he a bind with  sufficient penalty but do not express what the penalty be this be move in  arrest of judgement Jones after a verdict it be good enough as in the case of  Austin v Gervaise hob Twisden justice if it have be upon a demurrer I shall  not have doubt but that it have be nought Rainsford and Aforeton justice but  the jury have judge the penalty to be reasonable and have find the matter of  fact Twisden justice the jury be not judge what be reasonable and what  unreasonable a page butler v Play a see ante note a but this be after a  verdict and so the judgement be affirm the cause come into the king bench upon  a writ of error
case Catesby against the bishop OF peterborough and baker Trinity term James  roll the six month in present to a benefice shall be estimate by calendar  month and not by the number of day post YelV     light dougl quare hinder the  bishop show that one foster the last incumbent of the plaintiff be deprive and  February give notice to the plaintiff and because he do not present within the  six month he after the six month videlicet the that of August collate the  defendant who be institute and induct the other defendant be incumbent plead  the same plea whereupon it be demurrer the sole question be whether the six  month shall be account by twentyeight day to every month or by the half year  for the bishop collate after the six month account twentyeight day to a month  only but within the time of the half year it be resolve that the time shall be  account by the half year accord to the calendar after the notice and not after  twentyeight day to every month wherefore it be adjudge for the plaintiff
case Catterall v purchase June the that at Lincolnsinn hall on argue a  demurrer to a bill of review what appear on the face of the decree can be read  only but after a demurrer overrule a plaintiff may read any evidence as at a  rehear in a cause that come before the court upon a bill of review to read  some charge out of the original bill the plaintiff offer to show some error in  the decree to this it be object that no error in the decree be cognisable but  what appear on the face of the decree and therefore any evidence of error but  from the decree itself be oppose Lord chancellor it be true on argue a  demurrer to a bill of review nothing can be read but what appear on the face  of the decree but after the demurrer be overrule the plaintiff be at liberty  to read bill or answer or any other evidence as at a rehear the cause be now  equal open to which purpose the case of Jackson v Francis be cite by Mr brown
case CAWDRY against Highley alias TYTHAY a action lie for say of a doctor of  physic that he be no scholar without aver that there be at the time a  colloquium concern his profession post godb roll Abr cro Elizabeth winch  hetley Mod Mod ld ray action for word whereas the plaintiff be of good  conversation and exercise in the practice of physic as well in London as in  the county of Lincoln and other place and by reason of his knowledge in the  say art be about twenty year since make doctor of physic in Cambridge accord  to the course of the university and a cro James b   c it be move again and  adjudge for the plaintiff post croak car er p practice and minister physic to  diverse nobleman and other for twentyone year last pass that the defendant  praemissor non ignorant out of malice to scandalize he with his patient and to  withdraw they from meddle with he say of the plaintiff and to the plaintiff in  the presence and bear of diverse thou art a drunken fool and a ass thou be  never a scholar and art not worthy to speak to a scholar and that I will prove  and justify after not guilty plead and find for the plaintiff Hutton move that  the action lie not for he do not show there be communication with any concern  his skill in physic or his practice therein and the first word thou art a fool  and a ass be but word of scorn and the other word touch he only in scholarship  and not in his art and a physician may be do good scholar and yet a good  physician and it be compare to buckleys case for say of a attorney that he be  a corrupt man unless there be conference of his profession the action lie not  Richardson chief justice say he be of that opinion but he will  advise Afterwards in Trinity term car it be adjudge for the plaintiff
case Ceely against hopkins to accuse a person of have bewitch another be  actionable vide ante Jones roll ab this case be now move again by Germin  sergeant and press to have judgement and all the court resolve forasmuch as  the word be bewitch I and my aunt and she be find guilty of malicious speak of  they it shall be intend and conceive to be speak accord to the common sense of  bewitch their person and not of bewitch with fair word whereupon judgement be  give for the plaintiff
case Ceely against Hoskins Hilary term car roll thou art forswear in a court  of record be actionable without state in what court and after reversal the  court of error will give judgement roll Abr salk sand lev Carth error of a  judgement in the common plea in a action for these word thou art forswear in a  court of record and that I will prove after verdict upon not guilty and find  for the plaintiff the defendant there move that these word be not actionable  and judgement be there give for the defendant a writ of error be bring and  assign in point of judgement roll for the plaintiff in error move to have the  judgement reverse because the word be very slanderous and as much as if he  have say he be a perjure person but Maynard for the defendant in error say  that it have be much debate in the common plea and the court there agree that  the action will not lie and he conceive the reason to be because be do not say  in what court of record he be forswear croak car nor that he be forswear in  give any evidence to any jury and it may be that be intend only that he be  forswear not judicial but in ordinary discourse in some court of record but  Jones Berkley and myself hold clear that the action well lie and such foreign  intendment as Maynard pretend shall not be conceive and it shall be take that  be speak these word malicious accuse he of perjury and for a false oath take  judicial upon judicial proceed in a court of record and shall be understand  accord to the common speech and usual intendment as to say such a one be a  murderer not speak who he murder or when a action lie and it shall not be  intend that he be a murderer of bare unless such foreign intendment be  discover or show in plead wherefore they all hold that the judgement be  erroneous but because Brampston be absent they will advice and afterward the  judgement be reverse and the plaintiff recover
case CEVILL versus Richard June in court Lord keeper Eq can ab pl Ch can Ch  Rep S c whether a settlement of land on a daughter upon her marriage will bar  her of her share of her father personal estate by the custom of London post  case with note which see where certify to be no bar in the case of a coheir  upon a rehear the question be whether a advancement of a daughter on marriage  by land of inheritance be such a advancement as shall exclude her from her  customary part of the personal estate of her father who be a freeman of London  in the case of the son and heir at law it be admit it will not exclude he but  in this case there be two daughter and coheir and one be advance by land of  inheritance on her marriage the case be more doubtful and the Lord keeper  order that the recorder shall certify the custom of the city of London in that  point and decree to be no bar in the case of a only daughter Stanton v Platt  post vol
case Chadwick against spirit if a debtor deliver the bind of a stranger to his  creditor with liberty to seize dnd retain his debt and die a promise by his  wife to pay the creditor in consideration of his redelivering the bind to her  will support a assumpsit cro James assumpsit whereas one Baily be indebt unto  he in l and be possess of two obligation make by two stranger of l deliver to  the plaintiff the say obligation to receive the money due upon they or to sue  they in the name of Baily and of that which he recover to satisfy himself and  the residue to return back to Baily that Baily die and the defendant be his  wife in consideration that the plaintiff will deliver unto her the say and  promise to the plaintiff to pay unto he the say l upon the first payment of  any sum of those bind and allege that the defendant have receive those sum  contain in the bind c after verdict upon non assumpsit plead and find for the  plaintiff it be move that this be not any consideration because by the death  of Baily who deliver they the authority which he give to the plaintiff to sue  they be determine and the plaintiff have nothing to do with they and the  defendant have not any benefit by the receipt of they unless she be executrix  which be not allege and if she be executrix the receipt of they by her be not  any consideration for she receive but her own and therefore there be not any  considerration for the make of this promise and of that opinion be Fenner and  rely upon Henry pl and Edward pl but gawdy and clench e contra because by this  delivery and gift of the obligation the interestin the deed be give unto he  although the debt themselves which be thing in action pass not and he have  authority to dispose of they and this delivery of they to the defendant and by  her accceptance and promise upon this consideration whether executrix or not  be sufficient to bind her wherefore it be adjudge for the plaintiff
case CHAFFEN versus gawden Nov Freem S c bill bring to be relieve pro  certainly let the bill be to be relieve pro certainly let for the plaintiff it  be say that the tenant owe suit and service to the sheriff turn the lord for  ease of the tenant purchase a leet and for that case the tenant of each  tithing agree to pay the lord a sum certain and the surmise be that the  tithingman be to collect and pay over to the lord the lord in this case have  no remedy but in equity cur advis vult
case Chaloner against CLAITON whether in a rejoinder a title must not be set  forth Qure S c salk S c comb replevin the defendant avow for rend that he be  possess of a house for diverse year then and yet to come and that he lease it  to the plaintiff from year to year c the plaintiff reply nil to have in  property the defendant rejoin quod saris to have in property and upon demurrer  to rejoinder it be allege that the defendant in the rejoinder shall have set  forth a title but Northey for the defendant move that there be no necessity so  to do for though in debt for rend if the defendant plead in bar nil to have in  property the plaintiff in his replication must show a title because in debt  for a rend modern report the plaintiff be not oblige to show a title in his  declaration but quod cum to send different ways be sufficient yet in a avowry  it be otherwise for in a avowry some kind of title must always be show as be  here videlicet that he be possess for diverse year then and yet to come which  be do there be no necessity to set out a title again in the rejoinder a  whereon the court take time to consider and afterward Northey say he can not  make good the avowry and therefore pray leave to amend pay cost quod cur to go  away
case cham against Matthew easter term Eliz roll a venire facias shall he award  to coroner upon a surmise that the plaintiff be servant to the sheriff post  more cro James   light dyer Plowd trespass upon the case the party plead to  issue the plaintiff for his expedition of trial surmise that he be servant to  the sheriff of Cornwall where the action be bring and triable and pray a  venire facias to the coroner and the defendant non declixit where upon process  be award to the coroner and after trial and verdict for the plaintiff  Glanville move that this process be misawarded and a mistrial for process  ought not to he award to the coroner but where the challenge be principal and  here to say that he be servant to the sheriff be no principal challen ge as  Edward pl be but only to the favour wherefore c the court hold forasmuch as if  the sheriff have return this pannel it have be a good cause to quash the array  for favour that the plaintiff to avoid that delay may well show it and have  process to the coroner and so much the rather this be a judicial writ and not  original as blow Wimbishes case S and the clerk say there be many precedent  accord wherefore it be adjudge for the plaintiff croak Elizabeth er p
case chamber against Hubberd queen if a man become bind upon a condition which  be inscribe in the body of the bind whether a declaration that he hecame bind  cum condition subscri plan be good assumpsit in consideration that he with I S  will hecome bind for the payment of ten pound to the defendant the defendant  assume to do such a act and allege in fact that he with I S hecame bind in  twenty pound cum condition subscri ptd pro solution ten a balance the  defendant plead non to come obli atimodo et form c the jury find quod to come  obligati in this manner noverint whole world our c to bind up to the defendant  in ten scales solvend c Bl si defecerim in solution nine to bind up fnos in c  so it be quasi a condition inscribe in the obligation itself and not  subscrihed and whether it be find for the plaintiff or not be the question  Popbam and gawdy hold that it be find for the plaintiff for the substance of  the declaration be find and the modus and the form be not much material  although it he allege in the declaration they be oblige in condition  subscripts as where the condition of a obligation be that he shall not commit  waste in debt bring c the waste be assign in succidend quercus the issue be  non leg of meat quercus modus et form c and the Jur find quod leg of meat  quercus it be find for the plaintiff and the substance be whether they be  oblige to pay l that be find it be well enough but Fenner and Yelverton contra  for in a action upon the case he ought to declare the truth of the case and  not to vary therefrom in any point and if he vary he fail and there be not  here any such obligation as he declare for that inscribe croak Elizabeth be  parcel of the obligation itself but the condition subscrihed or endorse be no  parcel thereof wherefore it be not the same obligation whereof he count et  adjournatur
case chamber against LEVERSAGE a promise by a executor to pay a bind debt of  his testator in consideration that the plaintiff darer they loosing pro to  make one year will support a assumpsit   a roll ab more cro James vent alleyne  style side lev strange Cowp ante action upon the case upon a assumpsit for  that William Leversage testator to the defendant be indebt unto he by  obligation in and the defendant have asset c promise to the plaintiff in  consideration quad dart they solutionipro to make one year that he will pay it  the issue be non assumpsit and find for the plaintiff and the entire debt give  in damage and exception take because a day can be give but the day of payment  may he defer and the court say true it be a day can be give in proper sense  but it be to he intend accord to the vulgar and common discourse as defer the  day of payment and the court further say that here be a great mischief to the  defendant for notwithstanding this recovery the plaintiff may have debt upon  the obligation and therefore the jury ought to have give damage only for the  nonpayment at the day and not to have give the but upon the plain that entire  debt tiffs promise to deliver the bind to the defendant the plaintiff have  judgement
case chamber all versus harvest Woodford all at the roll creditor shall be pay  pro rata and not in a course of administration where a estate be devise to  trustee to sell for payment of debt though they be make executor too especial  if they refuse to act Ant Cas post Cas Cas h Nels Fol re in cane vern vern van  Cas Chan Cas the reverend Mr hay Woodford devise his estate to trustee and  their heir who he also make executor to be sell for payment of his debt the  trustee refuse to act and the creditor bring in a bill for a sale and there be  three question at the hear the first be whether the money arise by the sale of  the estate shall not be dispose of in a course of administration the trustee  be also executor but his honour mosely report the master of the roll decree  the creditor shall be pay ratable as he have former do in the case of degg and  degg which be confirm on appeal by the Lord chancellor Macclesfield especial  in this case because the trustee have renounce so that there can be no sale  without the assistance of the court the second be whether the heir at law who  be bind in several bind with his father by way of security may not retain but  it be adjudge that he can not but only come in for a ratable share with the  other creditor post Cas vern Chan Cas the three question be from what time the  heir who be in the receipt of the rend and profit of the estate shall account  whether from the time of the fill the bill or only from the time of pronounce  the decree as at law from the time of the judgement but the master of the roll  say that at law they be sure of judgement in two or three term but here there  may not be a decree in a considerable time and mosely report er p therefore  decree he shall account from the time of fill the bill accord to the case of  Montague and ford late adjudge by the Lord chancellor Chan Cas vern Friday  February plead and demurrer
case chamber and johns indictment quash for false Latin ante   Keil side cro  James hawk they be indict for encroach upon the highway el One property ibidem  oh erectaverunt whereas it shall he to raise up for there be no such Latin  word as erectaverunt and it be not England do erect which have been good and  for this cause it be discharge
case chamber vers gambier in c b in a action for a escape the defendant plead  that the prisoner escape and return before the action bring without his  knowledge and be in execution for the damage on the say judgement and it be  hold well it be tantamount to a retake on a fresh pursuit this be a action of  debt for the escape of one Lampton the defendant plead that Lampton without  the knowledge of the defendant the warden of the fleet escape and before the  action be bring without the knowledge of the defendant return and be in  execution for the damage on the say judgement to which it be demurrer  judgement be give for the defendant nisi c for this be tantamount to a retake  on a fresh pursuit and the same plea be hold good hill Geo in the case of grey  and Gambier
case chamber vers shaw in c b if a executor plead bind and judgement and no  asset ultra the judgement and the plaintiff reply that the bind be fraudulent  and it be find against he hen can have judgement though the asset be find to  be ultra the judgement plead ld raym Carth sand keb S c Com plead d vol p in a  action against a executor who plead several bind due from the testator and  several judgement against himself as executor and that he have not asset ultra  what be subject to the judgement recover the plaintiff reply as to the bind  that they be obtain by fraud and that the defendant have asset ultra the  judgement and upon this issue be join and upon the first issue the jury find  for the defendant and upon the other for the plaintiff and it be now move that  the plaintiff may have judgement but per cur he can for though the issue be  find that the defendant have asset ultra the judgement yet when it be find for  the defendant upon the other issue then it appear that the bind be give for  true debt and the plaintiff can recover if there be not asset more than will  satisfy those bind as well as the judgement
case chamberlain against ewer the bill on the file may be amend by the  paperbook from which it be ingross ante post roll ab light Rep Leon hetley Mod  stram ld ray term Rep covenant after judgement in this court and the record  remove by writ of error and the error assign for variance between the bill  upon the file and the declaration videlicet that in the declaration it be that  one such after the death of tenant pur autre vie primo to go into et such to  be to take into possession which be the substance of the declaration but in  the bill upon the file these word primo to go into be omit and after the  defendant in the exchequerchamber have plead in nullo be erratum it be move  there that the bill shall be amend for the paper book by which the bill be  ingross have those word in it and the court see they in the paperbook give  rule that they shall be amend
case chamberlain against HUETSON a husband may release cost award to his wife  in the spiritual court if there be no divorce if there be he can because  suppose to arise out of her alimony but be may release a legacy though after  divorce S c salk S c holt S c ld ray S c Mod there be a libel ex duty against  chamberlain for incontinency at the promotion of mrs Huetson who be allege to  be with her husband whereupon there be a sentence give penance enjoin and  accord to the course of the court cost award to Huetson who be not divorce a  month et thoro from her husband the husband release the cost to chamberlain  she plead this in the ecclesiastical court and the plea be refuse she pray a  prohibition holt chief justice now I take this difference if a feme covert sue  for defamation in the spiritual court and obtain sentence and cost be give her  if she cohabit with her husband at that time he may release they but if she be  divorce a month et thoro though the marriage still continue he can because if  there be a divorce the husband be to allow the wife alimony and if she have  alimony the cost expend in the suit be suppose to issue out of it and  therefore the husband can release it because she have it separate which be the  reason though not mention of Motams case roll Abr but if such feme covert  after such a divorce sue for a legacy which legacy if she recover come to her  husband there the husband may release roll Abr because there be no modern  report alimony and if he may release the duty he may release the cost  therefore in this case he may release the cost there be no divorce I think a  prohibition must be grant but Rokeby justice on account of the scandalousness  of the cause be against it and afterward a proposal be make for bring the  money into court for mrs Huetson to take out as she have occasion to carry on  the charge of the prohibition and then to declare send means to sleep
case chamberlain against Nichols the plea of payment without a acquittance to  debt on a single bind be have upon demurrer but good after verdict ante post    a cro James ld raym SC more error upon a judgement in debt upon a obligation  the error assign be because the obligation be single the defendant plead  payment without a acquittance and issue take thereupon and find for the  plaintiff and judgement accord whereas it be not any plea and so the issue  take upon a void and no plea and therefore a ill and void trial and therefore  the judgement thereupon be erroneous but all the justice and baron hold  although it be a ill plea a upon which the plaintiff may have demurrer yet a  issue be take and find by verdict it be help by the statute and the truth be  there be not any payment wherefore the judgement be well give accord and the  judgement be affirm
case chamberlain against stanton Michaelmas term pound Elizabeth roll a deed  be not execute until it he formal deliver ante hark   light a note b Owen dyer  in marge I term re debt upon a obligation the defendant plead non be factum  the ury find that the defendant cause the obligation to he write and sign and  seal it and then lie it upon a table and the plaintiff come and take it the  question be if this be the defendant deed?The opinion of all the justice be  that it be not without other circumstance find by the jury croak Elizabeth er  p
case chamberlain against white and Goodwin one action will not lie against  several person for speak the same word roll ab palm Bulst stram burr Bac Abr  hawk p c action for word for that they two speak these word of the plaintiff  thou have the plate of I S and we will charge you with that felony after  verdict upon not guilty and find for the plaintiff it be move in arrest of  judgement that the action lie not joint against they for the speak of the one  be not the speak of the other wherefore they ought to have be several charge  and it be thereupon adjudge for the defendant croak James er p
case chamberlain case repleader award dougl avowry for rend and make title to  it as cousin and heir to Rohert chamberlain that be to say son of whether  daughter of Rohert and for rend arrear for sixteen year after the death of  whether he avow and because he make title to it immediate as croak Elizabeth  er p heir of Rohert and after avow for rend after the death of whether which  can he for it shall he intend that she die in the life of Rohert and issue be  join upon another matter they be award to replead
case CHAMPERNOON versus the borough of totness January come on upon exception  where there be a dispute as to boundary or unity of possession a defendant  must set forth how be be entitle it be true say Lord Hardwicke in general that  a person can compel another to set forth by what title and under who he derive  his estate mere because his land lie next to the plaintiff but where there be  a dispute as to boundary or unity of possession there a defendant must set  forth in his answer how he be entitle especial when the defendant have not  think proper to demurrer to this part of the bill
case champion against Wenham that Nov on bill to set aside a award plaintiff  not suffer to go into legal objection but only for partiality and corruption  unless a account be pray No entry in l r on bill to set aside a award sir  Thomas clarke master of the roll who sit in the absence of Lord chancellor say  that in case of a bill to set aside a award without more the court will not  let the party go into any legal objection except for partiality and corruption  but if the bill be for a account and pray to set aside a award in order to let  in such account there plaintiff may make legal objection in the present case  the defendant the arbitrator confess two mistake the one by not consider the  extra work of building a coachhouse which be not in the contract and the other  in the computation of the total for rough pale both which be submit to by  defendant Wenham his honour think they be not sufficient to set aside the  award in toto and compare it to the case of a faulty ambler limitation in  article which do not vitiate the whole or as more like a mistake in a account  N B by the award there be a balance due to defendant and by allow the two sum  mistake it make a balance due to plaintiff yet the award be not set aside in  toto see Lingwood v eaden atk Knox v simmonds Ves Jun Morgan v Mather Ves Jun  Ching v Ching Ves young v Walters Ves Steff v Andrews mad Nicholls v Chalie  Ves Auriol v smith turner Russell
case Champney against Champney portion marriage settlement construction of it  in a marriage settlement a power be lodge in trustee to raise three thousand  pound for a daughter to be pay to her at the age of twentyone year or day of  marriage which shall first happen when Champney and his wife shall die without  modern report er p issue male and in the mean time a hundred pound ayear to be  pay her for her maintenance Cowper Lord chancellor resolve upon the authority  of the duke of southampton case a freeman vern a that the word when Champney  and his wife shall die without issue male amount to a condition precedent and  that the time of raise the portion do not commence when one of they shall be  dead without issue male and so the other be tenant in tail apres possibility  do issue extinct but where both of they shall be dead without issue male  modern report resolve that the mean time in which the hundred pound ayear be  Payable for a maintenance must necessary relate to the intermediate time  between the raise the money and her attain the age of twentyone or day of  marriage easter term the first 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 Nicholas  Lechmere Esq solicitor general
case chancy versus may see Walworth holt v my Cr Eq Abr pale yellow vezey atk  brown Rep S p part of the proprietor of a undertake may bring some other of  they to a account without make all the member party especial if they sue on  behalf of themselves and all the rest this be a bill bring by the present  treasurer and manager of the temple mill brassworks in behalf of themselves  and all other proprietor and partner in the first undertake except the  defendant who be the late treasurer and manager be about in number and be to  call they to a account for several misapplication mismanagement and  embezzlement of the copartnership in the late SouthSea time to the value of  pound and upward the copartnership consist original but of share but those  share in the year be split and divide into the defendant demurrer for that all  the rest of the proprietor be not make party and so every one have the same  right to call they to a account and then they may be harass and perplex with  multiplicity of suit but the demurrer be disallow saint because it be in  behalf of themselves and all other the proprietor of the same undertake except  the defendant and so all the rest be in effect party dly because it will be  impracticable to make they all party by name and there will be continual  abatement by death and otherwise and no come at justice if all be to be make  party precedent in chancery er p
case Chanler against driver payment on a award must be demand before a  attachment can issue a submission to a award be by rule of court Montague move  for a attachment for nonperformance curian there ought to be affidavit of  award demand c and we never grant a attachment for nonpayment of money upon a  award the first day though the defendant be to do the first act a
case CHANTFLOWER against priestly and dr waterhouse executor of John  Montfitshet in covenant for Q uiet enjoyment of tun of copperas a breach quod  non to be able to rejoice c be not good without show a lawful disturbance ante  yely Noy dyer cro James wood con Cowp matter may he allege in arrest of a  interlocutory judgement ante I Leon vent Mod covenant for that the testator  sell to the plaintiff twenty tun of copperas and agree with the plaintiff that  if he fail of the payment of such a sum atsuch a day that he may quiet have  and enjoy the say tun of copper as and allege in fact that the money be not  pay at the day et qubd non to be able hahere et to rejoice the say tun of  copperas whereupon he bring the action and judgement be against the defendant  by a nothing to say and a writ of enquiry of damage award and damage find and  return and it be now move in arrest of judgement that the declaration be not  good in that he assign not a sufficient breach of the covenant qubd non to be  able hahere el to rejoice c without show how and by who he be disturhed be not  sufficient for it ought to appear to the court that it be a lawful disturbance  otherwise there be not any cause of action for the good be sell unto he if he  he illegal disturhed he h that a sufficient remedy and be not to maintain a  action of covenant it and of that opinion be the whole court vide Henry pl  Edward covenant but Atkinson move that the defendant come too late to allege  this matter in regard judgement be give against he by nothing to say but they  all hold he come well enough for the time for until the last judgement he may  well inform the court of the insufficiency of the declaration and the dourit  see it to he insufficient shall abate it wherefore it be adjudge for the  defendant croak Elizabeth er p
case chaplain against Southgate on a covenant for quiet enjoyment a breach  assign that have or pretend to have a claim time out of mind he enter and  disturb the lessee be good this be a action of covenant and the case be this  the defendant lease to the plaintiff a farm call dale and there be a pretence  of a right of common set up to two close comprehend in the modern report lease  the lessor covenant with the lessee that he shall quiet enjoy the say two  close against all claim or pretend to claim any right in they upon this  covenant the lessee bring his action and assign his breach thus that such a  one have or pretend to have a claim time out of mind do enter upon the say  close to this the defendant demurrer it be insist by the defendant counsel  that the covenant extend only to legal not tortuous claim and therefore that  the plaintiff shall have set forth that the claim of he that disturb he be a  legal one a see Kirby v Hansaker cro James bickerstaff case Vaugh Teasdale v  Essex cro Elizabeth very v Edward stram a but the court be of opinion that the  word of the covenant do extend to all interruption whatsoever and so be the  plain intent and meaning of the party for if it be to extend to legal claim  only then will the tenant be put under the hardship of try the right for the  landlord which be the very thing the tenant plain design to prevent by this  covenant this case be very different from the case of Kirby v Hansacre for  there it do not appear but the disturber may claim even under the lessee  himself but this be impossible here by reason of those word time out of mind  the breach be well assign judgement be give for the plaintiff a see Lloyd v  Tompkins term Rep a
case chapman against chapman in the exchequer Chamber Trinity term car roll to  a plea of performance to debt on bind for breach of covenant a replication of  nonpayment of rend without state a demand be good for a denial of such demand  will have be a departure from the plea roll Abr hut Lut hob cro Elizabeth    light cro James Plowd Com dig error in the exchequer Chamber of a judgement in  debt in the king bench upon a obligation of two hundred pound condition that  if the obligor shall at all time well and true pay perform and keep all and  singular the rend covenant croak car er p grant article payment and agreement  which on his part be and ought to be perform comprise in such a indenture of  lease c that then c the defendant plead general performance of all covenant c  the plaintiff reply and show a breach for nonpayment of the rend at such a  time but do not show any demand of that rend and thereupon the defendant  demurrer and it be adjudge for the plaintiff and now the defendant assign for  error that forasmuch as the condition of the bind be general for the  performance of all the covenant and not particularize for the payment of the  rend the rend be not Payable without demand and therefore the breach be not  well assign and for that the yearbooks of Edward pl Henry pl be cite but all  the justice and baron hold that the judgement be well give for he plead  performance of the payment covenant and agreement it shall be intend he have  real perform they and so have pay all the rend and when the plaintiff reply  that he have not pay such a rend he need not allege a demand for the defendant  croak car may not say it be not demand for then it shall be a departure from  his plea wherefore they hold the replication be good and yet the obligation be  general for performance of covenant do not alter the nature of the rend but  that it ought to be demand and upon this reason a case be cite of Specot v  shears a in the common plea and the judgement be affirm
case chapman against sharp the widow of a copyholder entitle to dower can  bring ejectment for a three part until dower be assign in the manor court  unless there be a custom to have a three part ejectment trial at Chelmsford  this lend assize before Pemberton chief justice and resolve by he that a  ejectment will not lie for a three part of a copyhold tenement in nature of  dower for they ought to levy a plaint in nature of a writ of dower in the  manor court and the homage to sever and set out the same but if the custom  have be for the widow to have the three part not in nature of dower but in  common with the heir it be then otherwise
case chapman against THUMBLETHORP Hilary term Elizabeth roll where good be  wrongful take from the possession of another the owner may justify the retake  they wheresoever he find they roll ab bro tres cro James Bl Com dougl trespass  for break his close et qucedam averia ibidem existent cev Elizabeth as or I to  p tav t the defendant plead that the cattle be his own good and that I S take  they by wrong and put they in the plaintiff close by his assent for which he  find they there do take they c as it be lawful c and upon this plea it be  demurrer Pudzey argue for the plaintiff that the defendant can not ente into  the plaintiff close to fetch they out except they be put there by the  plaintiff tort and this plea do amount to a general issue for he can traverse  the property of the good but the court hold it a good plea for the plaintiff  by his declaration do not aver the property of the good to he in he but say  only qucedam averia and when the defendant hest be take from he by wrong and  be not out of his possession b his own delivery he may justify the take of  they in a place he find they and it be adjudge for the plaintiff a
case chapman v turner August the that the defence proper for a plea must be  such as reduce the cause to a particular point and from thence create a bar to  the suit and every good defence in equity be not likewise good as a plea Lord  chancellor the defence proper for a plea must be such as reduce the cause to a  particular point whitbread v Brockhufirst bro Charles Rep and from thence  create a bar to the suit and be to save the party expense in examination and  it be not every good defence in equity that be likewise good as a plea for  where the defence consist of a variety of circumstance there be no use of a  plea the examination must still be at large and the effect of allow such a lea  will be that the court will give their judgement on the circumstance of the  case before they be make out by proof Brownsword v Edward Ves
case chapman versus bind Octoberis in court Lord keeper Eq can ab pl S c a  purchaser take a term in a trustee name and the inheritance in his own this  term unless declare to attend the inheritance will be asset in equity if he  take the inheritance in a trustee name and a term in his own it will be asset  at law Vid Ch can S p where a man take a assignment of a term in a trustee  name and the inheritance in his own name so that by construction in equity the  term Vernon chancery case be attendant upon the inheritance this term in  equity shall be asset for the payment of debt as well as a term take in his  own name be asset at law but with this difference that the heir shall have the  benefit of the surplus of the trust of a term and not the executor after debt  pay but if a term be express declare by deed to be attendant on the  inheritance there such a term shall not be make asset in equity note this  point be not direct in the case but come in by way of argument only and so the  difference that have be former take in this case between legal and equitable  asset be explode Reg lib a fol enter chapman v give vide tiffin v tiffin ante  Thruxton v attorneygeneral post
case chapman versus salt refer to Kirk v Eddowes hare Jan in court legacy to a  feme covert and afterward a note give to the husband for the same amount and  proof admit that the note be intend in lieu of the legacy and thereupon decree  to be take in satisfaction mrs salt devise pound to mary the wife of Leonard  chapman this will be make in afterward the testator give a note to Leonard  chapman for pound Payable at demand by proof it appear it be intend the note  shall be in lieu and satisfaction of the legacy on the head of satisfaction of  legacy vide husband v husband ante Vol goodfellow v Burchett ante p and case  cite in not there respective object the note be to one and the legacy to  another the legacy to the wife the note to her husband Vernon chancery case if  the wife have survive she will have have the legacy and the executor of the  husband the note master of the roll a testamentary question evidence may be  receive on the head of evidence in testamentary question vide fane v fane ante  Vol and case cite in not there and on the admissibility of parole evidence to  rebut or fortify presumption of the satisfaction of portion legacy c by  payment which approach more near to the question in the principal case see  Debeze v Mann bro Charles Rep Cox ellison v Cookson bro Charles Rep bro  Charles Rep Ves jun Freemantle v bank Ves pole v summer Ves Druce v denison ib  trim v bayne Ves Robinson v Whitley Ves Hartopp v Hartopp Ves monk v monk l ba  be Dwyer v lysaght ba be thellusson v Woodford mad bell v Coleman mad dismiss  the bill with cost Reg lib a fol No statement of the case but it appear proof  be admit Vernon chancery case er p
case chapter OF Southwell against bishop OF lincoln refer to Magdalen hospital  v knot App Cas a lease of the next avoidance make by a chapter that have no  dean be void ab initio The statute Elizabeth c be a public Act S C Mod quare  hinder the question upon plead be whether the grant of the next avoidance by  the chapter be good or not to bind the successor the dote arise upon the  statute of Elizabeth c which be object not to be a public Act because it  extend only to those who be ecclesiastical person or if it shall be adjudge a  public law yet this be not a good grant to bind the successor for though the  grant of a avoidance be not a thing of which any profit can be make yet it be  a hereditament within the meaning of that statute by which amony other thing  it be enact that all grant c make by dean and chapter c of any land modern er  p tithe tenement or hereditament be parcel of the possession of the chapter  other than for the term of twentyone year or three life from the time of the  make the say grant shall be voia but it be agree by the court to be a general  law like the statute of Nonresidency which have be so rule and that this  presentment or grant of the next avoidance be not good because it be make by  those who be not bead of the corporation and it must be void immediate or not  at all and judgement be give accord
case charnel case word import theft from a feme covert be actionable though  she can have no good cro James roll Abr Bac Abr Actioix for word against  husband and wife because the wife say my turkey be steal and charnel have  steal they it be move that a action lie not for it bee hear that the feme can  have no turkey for they a e the baron and so can not he true and then no  discredit croak Elizabeth curian contra because she have charge he with steal  and if one which have no horse say I S have steal my horse this be as great  discredit as if he have have one for every one know not whether he have a  horse or not
case Charnock against sir thomas gerard a hearing complaint lie in the common  plea UPOD a statute staple hearing complaint for that the conusee upon a  statute staple have purchase part of the land and the plaintiff another part  and yet have cause the plaintiff land to he extend and deliver in execution  and it be hold to be a good cause for a hearing complaint it be then move to  have a sum persedeas to stay execution for although they be extend yet they be  not deliver by liherate and the court doubt because it be upon a statute  staple which be not returnable in this court but in the chancery but it well  may he upon a statutemerchant for that be always returnable in this court but  the prothonotories say that a hearing complaint lie well in this court in this  case and a supersedeas shall he award as it be in the case of Lord Dudley and  diverse other precedent accord therewith whereupon the court afterward resolve  that it well lie here and a supersedeas be thereupon award
case charter against friend Hilary term Elizabeth roll a hearing complaint  must he bring to vacate a judgement in redisseizin error upon a judgement in  redisseiz in the error assign be that the plaintiff have enter endente breve  and in this action he be to he restore to the land but it be rule that he can  assign this for error for he can plead any thing in this action especial it be  a dilatory plea but a hearing complaint be his remedy if he have cause and  here the plaintiff be not to recover land but to he reseize wherefore the  judgement be affirm a see Geo c croak Elizabeth er p
case charter against hunter Trinity term Elizabeth roll word not actionable  error of a judgement in a action upon the case for word thou art a prigging  pilfer merchant and have pilfer away my good from my wife and child the error  assign be because a action lie not for these word and of that opinion be the  whole court for the word do not impeach he of felony wherefore the judgement  be reverse
case charter against Peter a sale set forth shall go for the sale of good levy  before the supersedeas ante post yely side sand Mod vent cro James godb burr  Mod Cowp Bac Abr Bac Abr hawk term Rep b r Fierifacias be award upon a  judgement give in this court by force whereof the sheriff take the defendant  good in execution and before sale the record be remove by a writ of error into  the exchequerchamber and a supersedeas award and the sheriff return upon the  become facias a seizure of the good and that they remain in his hand pro  diminution buyer and he also return that a supersedeas be award c croak  Elizabeth and hereupon it be pray for the defendant that he may have  restitution of his good but all the court hold although this record he remove  and notwithstanding the supersedeas award in regard it come not unto the  sheriff until he have begin to make execution as appear by his return that a v  enditioni set forth shall be award to perfect it and although the plea roll he  remove yet it shall be award upon the return of the become facias which remain  file in the office and so it be likewise dohe in the case of sir mile Corhet v  rookwood Trinity term Elizabeth roll in this court although the record be  there remove by a writ of error vide dyer see Geo c S
case Checkley against Checkley a bind give to a feme covert be not discharge  by her husband make the obligor his executor post debt on a bind make to a  feme during coverture and by her husband consent the defendant plead that the  husband make he his executor hold no good plea and say that perhaps the reason  why he make he his executor be his give that bind
case CHEDLEYS case a certiorari be grantable to the grand session in Wales to  remove a indictment of petty treason for the purpose of try it in a adjoin  county ante roll ab hale cro James Mod salk strange Wilson atk Cowper burr  burr Douglas hawk p c ch S Com dig to Rep Chedley be indict in the grand  session at anglesea in Wales for petty treason a certiorari be pray to remove  the indictment and have it try in a adjoin county and the court be move  concern their opinion how it may be croak car try in any other county doubt  thereof but it appear by diverse precedent that a certiorari have be award in  such case into Wales by reason of the statute of Henry c which allow that  indictment in case of felony may be inquire in the adjoin county and Jones say  that in Elizabeth such a certiorari be grant upon debate wherefore the court  award a certiorari and they say when the record be remove they will advice how  it shall be try but after ware it be stay and appoint to be argue whether a  certiorari be grantable
case CHEEVELEY against bind Hilary term will mary roll if a debtor be beyond  sea when cause of action accrue the creditor may sue within the time limit  after his return bill of exchange be within the statute of limitation SC Mod  SC Carth SC holt case on bill of exchange the defendant plead the statute  James c of limitation the plaintiff reply the defendant be beyond sea c hold  that the defendant be beyond sea do not stop or hinder or excuse the plaintiff  for not sue within the six year a and hold also that bill of exchange and  other transaction between merchant be not except out of the say statute but  only a action of account
case CHERBOURN against rye queen if the reentry of a lessee upon the entry of  a lessor who have pull down part of the demise premise revive the rend I roll  see the case of hunt v cove Cowper and the case there cite debt upon a lease  for year of a house and land the defendant plead that the lessor have enter  upon part of the land let and that he have pull down part of the house and so  have suspend his rend the plaintiff reply that the defendant have reenter into  the land and into that part where the house stand and hereupon it be offer to  demurrer Bromley move if the rend be not revive by the reentry into the land  where the house stand Popham and gawdy conceive the rend be not revive for  when the house be let it be part of the cause for which the rend be reserve  and when the lessor have take from he part of the benefit sure the house yet  his reentry into the land where the house stand do not revive the rend Fenner  and Clench doubt et adjournatur
case CHETLY against wood in debt on a recognizance in the common plea if the  declaration state it as take before sir George Treby et associate nest and it  appear to have be take before another judge at chamber and by he deliver to  the court the variance be fatal S p post S c salk S c salk S c holt S c ld ray  in debt upon a recognizance the plaintiff set forth a recognizance acknowledge  in the court of common plea before sir George Treby et associate nest and upon  nul tiel record plead the record be produce and be a recognizance take before  justice Nevil in his chamber in London and bring by he and deliver into court  after at Westminster the question be whether this be a failure of record it be  agree that recognizance in this court be always enter as present in court and  never mention a day certain but in the court of common plea they make a entry  of a recognizance enter into at a judge chamber on a day certain and there it  bind land from the very day of the caption and a to know facias may be bring  upon it in either county that be in London or in Middlesex see the case of  hall v Winchfield hob a modern and be move again at another day it be offer  that it be a constant practice in the common plea for above these twenty year  to recite recognizance take at judge chamber as take in court to which holt  chief justice answer then they must make their entry so or else their usage be  contrary to law and not to be regard but here the entry be make that the  recognizance be take in London before a judge in his chamber and per totan  curian bear be a varianceSee king v lookup cite term Rep b
case chew against briggs trial in a wrong county aid by car c a trial be in  Middlesex on a traverse in Surrey and this move in arrest of judgement and  holt chief justice be of opinion to stay the judgement for that a wrong county  be not remedy by the statute but only a wrong venue in a right county the word  of car c enact that no judgement after verdict shall be arrest or reverse for  that there be no right venue so the cause be try by a jury of the proper place  or county where the action be lie these word be restrictive dolben Gregory and  Eyre justice contra sand Eyre justice if it have be res integran I shall be of  another opinion but all resolution be otherwise I accord side sand
case CHIBERTON against trudgeon in debt by a administrator general allegation  that the letter be grant by the archdeacon be sufficient cro Elizabeth ld ray  side lev roll Rep salk Leon cro Elizabeth dougl debt bring by Chiberton  administrator and judgement thereupon and it be now move in arrest thereof  that this action be bring by a administrator who show that administration be  commit to he by the arch croak James er p deacon but show not what authority  the archdeacon have to commit administration and in proof thereof Henry pl and  Henry pl be cite and the difference be where administration be commit by the  bishop or metropolitan and where by one who have a peculiar jurisdiction for  in the last case he ought to show how he have his power blow and although it  be after verdict yet it be not help by the statute of Elizabeth c a be matter  of substance and not of form as it be affludged in cut v Bennet b but the  court hold that it be well enough and they say that the book which be of  peculiar be good law for it can be intend they have any authority unless it be  show but the archdeacon be oculus bishop and de jure regular he be to commit  administration and it be adjudge for the plaintiff croak throw hilary term  James in the king bench sir Edward Montague Knt chief justice sir John  Doderidge Knt sir Robert Houghton Knt justice sir Henry Yelverton Knt attorney  general sir Thomas Coventry Knt solicitor general case memorandum upon the d  January year James be Sunday sir John croak one of the justice of the king S  bench die at his house in Holborn
case Chichele against barker word actionable by intendment action for these  word thou have forge a reconusance take before fisher and other and adjudge  that the action lie for forge shall he intend faMy certify and take shall he  intend for acknowledge and the plaintiff be a justice of peace who have  authority to take re conusances it be a great slander unto he and adjudge for  the plaintiff
case CHICKHAM against Dickson prohibition may be after sentence if it appear  on the proceed that they have not jurisdiction S c comb per curium if one be  sue in the spiritual court for a ecclesiastical matter out of his diocese it  be too late to come after sentence for a prohibition because the party have  affirm the jurisdiction so if he be sue for a matter not belong to  ecclesiastical conusance but if it appear on the proceed that they have meddle  with a matter which belong not to they a prohibition shall go after sentence  but by where that do not appear on the face of their proceed a
case child against Greenhill Trinity term car roll the owner of a several  fishery have a privilege property in the fish therein and trespass will lie  for take they ante trespass for enter and break his close and fish in separali  piscaria svan and for take pisces urge ibidem videlicet eel c after verdict  upon not guilty plead and find for the plaintiff and damage entire give croak  car exception be take in arrest of judgement by Maynard and saint John that  the declaration be not good to say pisces urge for he have not any property in  the fish until be take they and have they in his possession but roll and  Grimston for the plaintiff say that be they be in separali piscaria svan it  may well be say pisces urge for there be not any other may take they a and of  that opinion be all the court who several deliver their reason for for deer in  a park or cony in a warren the owner have a special property in they as long  as they be in the warren or park so of dove in a dovecote but for deer or cony  if they be not in a park or warren be may not say urge unless he add that they  be domestic wherefore be take out of his several piscary and not extra liberan  piscariam svan the action be maintainable and it be adjudge for the plaintiff  vide Edward pl Henry pl Henry pl
case child against harvey trial set aside the nisi prius be die moon in mensae  pasch and no such day can be that year wherefore the trial be set aside vide  Richard cro Elizabeth Webly v Mozely Edward
case child against low a grant from the crown misreciting the name of the  tenant be not revive by Elizabeth c ante and more   ejection firmce upon  evidence Warherton cite one bridgewater case to he resolve by advice of the  judge in the court of ware that where the queen have let land and grant the  reversion to one misreciting the name of the tenant and afterward make a new  grant to another with a true recital of the name of the tenant and after that  the statute Elizabeth c of patent be make that it shall not revive the first  grant because it be utter defeat before the statute and all the justice here  affirm it to be good law n tl idem Henry parliament brook
case child against tower a relative shall he referredto its last antecedent  ante post assumpsit in the county of Warwick Warwick be in the margin and  declare that the defendant be possess of a term for year at Norton in the  county of Northampton et postea at Stonely in come prcedict assume c upon non  assumpsit the venire facias be award de Stonely in come war and trial upon it  and it be hold a mistrial by all the court for at Stonely in come prcedict  shall he intend in come north which be last name and not to Warwick which be  in the margin croak Elizabeth hilary term Elizabeth in the queen hench sir  John Popham Knt chief justice sir Francis gawdy Knt John Clench Esq Edward  Fenner Esq justice sir Thomas Egerton Knt attorneygeneral sir Edward coke Knt  solicitor general
case child against WESCOT see this case ante easter term pl p a lease by  husband and wife may he plead without show that it be by deed ante     Plowd  Sav cro car   the case be now recite to he tenant for life remainder to four  other for their life the lessor in reversion levy a fine sur conusance de law  come de Ceo c to the tenant for life and to one of those in remainder to the  use of the tenant for life for his life and after to the use of the other in  fee the tenant for life die he in remainder who take the fine die and whether  his heir shall have that part be the question and it be resolve by all the  court that that part shall descend to his heir and shall not survive but it be  then move in arrest of judgement that he declare in a ejection firmce of a  lease by baron and feme and shev not that it be by deed and without a deed it  can be a lease of the feme for her acceptance of the rend upon such a lease  can make it ood a and in proof thereof be cite dyer Henry pl Edward pl Henry  pl Walmsley although he count not of a deed yet a deed may well he intend  Anderson that can he but he ought to count thereof precise if a deed he  necessary that and afterward a precedent be show unto they easter Elizabeth  mosely v Gilhert where he make his count of a lease by baron and feme and  mention not any deed and yet adjudge to be good and draw say that he be a  counsel therein and that then this exception be take thereto and that then  another precedent be a say vide Cowp dougl term Rep croak Elizabeth er p show  in the queen bench Diggs v wither and there adjudge good wherefore upon these  reason and precedent show in court be the last day of the term the plaintiff  have judgement to recover
case child versus danbridge see case collect Cullingworth v Loyd Bea v n eoden  die Lord chancellor tradesman fail compound but make a underhand agreement  with some of his creditor to pay they the whole this be a fraud on the other  creditor and on a bill to compel they to perform the agreement bill dismiss  the plaintiff fail in his trade compound with his creditor at so much in the  pound to be pay at the time therein mention and he have fail in payment at the  precise time some of the creditor refuse to stand to the agreement which be  under hand and seal the bill be to compel a performance thereof but it appear  in the cause that the plaintiff to draw in the rest of the creditor Vernon  chancery case er p have make a underhand agreement with some of they who be  seem to accept of the composition to pay they their whole debt which be a  fraud and deceit upon the rest of the creditor the court will not decree the  agreement nor relieve the plaintiff but dismiss the bill with cost to be tax  in this court and at law where some proceed appear to have be have Reg lib a  fol vide small v Brackley post Middleton v Lord Onslow p wms and case cite in  note there monger v kett Mod Cecil v Plaistow Anstr Eastabrook v Scott Ves  Mawson v stock Ves et vide the case cite by Mr Cox in his note to Lewis v  chase p wms Jackson v Duchaire t Rep Jackson v lomas t Rep jackman v Mitchell  Ves ex part sadler Ves and see Geo IV c S
case chip versus PHILPOTT Lord chancellor a voluntary devisee bring a bill to  establish the will against one who be not heir at law defendant by answer  claim under some ancient settlement which he can not find and hope when he can  he shall have the benefit of it it be insist for the plaintiff that the  defendant may try his title by a certain time or in default that the plaintiff  may hold and enjoy against the defendant bill dismiss with cost the plaintiff  a voluntary devisee of land bring a bill against the defendant who be not heir  at law but pretend to claim by some ancient settlement and the bill be to  establish the will and to be quiet in possession against the defendant claim  and pretend title the defendant by answer say he be inform that there be a  settlement make by his grandfather and the estate thereby entail upon he but  he can not as yet find or discover in who hand it be but hope when he can  discover it he shall have the benefit of it and to make such use of it as he  shall be advice for the plaintiff it be insist that the defendant may be limit  to a time to try his right and make out his title and in default thereof the  plaintiff may be decree to hold and enjoy against the defendant send non  allocatur the Lord chancellor dismiss the bill with cost
case Chivers sheriff of wilts against fen and other warrant of the principal  for appearance extend not to the bail debt on a bailbond the principal give a  warrant of attorney to appear for himself to Mr Twyford and his bail be his  neighbour he order he to appear for they too which Twyford do and for want of  a plea judgement be have against all three but upon motion judgement be set  aside as to the bail the principal order not be a warrant to appear for more  than himself but it be by ignorance of the law and not a wilful act the judge  on motion discharge the attorney as to any contempt
case Cholmely against bloom foreign plea must be swear to but a plea to the  jurisdiction need not S c salk S c Mod S c Carth will debt against the  defendant in custodian mareschalli on a bind make at Chester the defendant  plead he be at the time of exhibit the bill a inhabitant and notorious  conversant in the countypalatine of Chester videlicet at Nantwich which plea  the plaintiff apprehend to be a foreign plea be sign his judgement because it  be not swear to a Chesshyre move to set the judgement aside because it be not  a foreign plea for plead to the jurisdiction of the court be not such as plead  of ancient demesne privilege c and therefore be never swear to but a foreign  plea be where the defendant carry the action out of the county where the  plaintiff have lie it if the action be transitory there if the defendant carry  it into another county the plea be nought except in special case but if the  action be local by remove it into another county than where the plaintiff have  lie it it be proper a foreign modern report plea which be not do in this case  for here the action be lie in Cheshire and the defendant do not in his plea  remove it from thence quod cur to go away and the judgement be set aside
case Cholmely versus Cholmely Lord chancellor loveliness Oct the custom of the  province of York be only local but that of London follow the person though  never so remote from the city this cause come before the court again upon a  case state by the master by which it appear that Mr Cholmelys whole estate be  scarce sufficient to perform the marriagearticle the court again declare that  if there be any personal estate for the custom to work upon there be no doubt  but that the custom of the city of London shall be prefer to that of the  province of York and that notwithstanding the custom of the province of York  the heir shall come in for a share of the personal estate by the custom of the  province of York the old son have a settlement of land make on he be exclude  from a share of his father personal estate constable v constable post for the  custom of the province of York be only local a circumscribe to a certain place  but that of London follow the person though never so remote from the city and  cite the case of Harwood who marry offley heir Et vide Benson v Bellasis ante  vol rutter v rutter ibidem web v web post and further as to the custom of York  Pickering v Lord Stamford Ves somervile v Lord somervile Ves Vernon chancery  case and as to the jewel and paraphernalia the court declare that the widow be  by the article to have nothing of the personal estate but what her husband  shall devise to her by his will and that this not only bar her of any  customary part but even of any paraphernalia and from jewel give to her by her  husband in his lifetime a case be order for the mayor and alderman and they be  to certify the custom as to the jewel peg lib a fol No account appear  afterward but as to the clause in the article that sir Hugh by consent of  Nathaniel may alter change or make void c the court take further time to  consider whether that shall extend to the settlement on sir Hugh part only or  unto Nathaniel also vide ante p S c
case Cholmley versus countess dowager of oxford march pray relief where a  mortgagee be a party be the same as pray to redeem and if on a reference to a  master they do not redeem he the court will dismiss the bill which be  equivalent to a foreclosure where a mortgagee be make a party to a bill pray  relief be the same thing as pray to redeem for redemption be the proper relief  and if upon a reference to a master to see what be due for principal interest  and cost they do not redeem the mortgagee the court will at his application  dismiss the bill as against he which be equivalent to decree a foreclosure
case cholmondeley against broom to debt on bind lie in Middlesex the defendant  may plead to the jurisdiction of the king bench that he be commorant within a  county palatine and such plea need not be on oath S c salk S c Carth S c Mod  debt upon bind be bring against the defendant in this court in custodian  mareschalli he plead that about the time of the exhibit the bill he be a  inhabitant in the county palatine of Chester to wit at Nantwich and notorious  know there now this be hold to be a foreign plea and not swear the plaintiff  for that reason sign his judgement Mr Cheshire move to set it aside because  though it be a plea to the jurisdiction yet it be not a foreign plea and  therefore need not be swear ancient demesne and all plead of privilege be  plead to the jurisdiction but they be not foreign and therefore they be to be  receive without a oath many instance may be give of foreign plead which if not  collateral to the action must be receive in that manner as in a action of debt  for money if it appear upon the condition of the bind that it shall be pay out  of the jurisdiction of a inferior court and the defendant plead payment accord  this plea must be receive without ail oath but see Ann c S fort a and for this  reason judgement be set aside
case Christ hospital versus budgin ux may Eq can ab pl S c husband lend out  money in the name of himself and his wife upon mortgage and bind and die the  wife be entitle to this by survivorship if there be asset sufficient without  this money to pay debt Thomas garraway personal estate be decree to be apply  to the payment of debt and legacy in case of his real estate which by his will  be make liable thereto upon the account before the master his widow and  executrix now the wife of the defendant budgin insist that several mortgage  and bind for money lend by her husband be take in the name of the husband and  wife she be entitle thereto as survivor and the same ought not to be bring  into the account as part of the personal estate and the master have state that  matter specialty for the heir it be insist that the wife be but in the nature  of a trustee the money be the husband and if pay in the life of the husband it  will have fall into his personal estate again and he not Accountable to the  wife vide Kingdon v bridge ante p where per cur the wife can be a trustee for  the husband and if this shall not be liable to debt the husband by join Vernon  chancery case his wife in the security may defraud all his creditor and cite  the case of Gatley and quarrel where Lord Cowper adjudge it against the wife  to be asset of the husband and liable even to legacy Vernon chancery case er p  but the Lord keeper look upon the wife to be in the nature of a joint  purchaser and decree it for the defendant against the heir at law but admit in  case of creditor it may be fraudulent but there be sufficient asset beside the  pound in question to pay all the debt and legacy decree the pound to the  defendant budgin as administrator to his wife this case seem to come within  the principle that influence the decision on voluntary settlement on wife  Stileman v ashdown atk and for the doctrine on which vide the case cite in not  to Fletcher v Sedley ante
case christcollege in cambridge versus Widdrington Feb Rawlinson Hutchins lord  commissioner where there be a single witness against the defendant oath this  be not sufficient evidence for a decree nor will the court direct a trial at  law the cause hear and refer to a account as to one article of the account  there be a single witness against the defendant oath per cur not sufficient  evidence to decree against the defendant and the plaintiff have have the  benefit of a discovery on the defendant oath we will not send it to be try at  law where one witness be sufficient although it be insist by the defendant  counsel that it may be try at law Reg lib b fol Hobbs v Norton ante Vol
case christy against the MANUCAPTORS OF Anstruther Thursday April Qure whether  special bail shall be give in a action of debt on a recognizance of bail give  pursuant to James c upon a writ of error bring in the exchequerchamber on a  judgement give in the king bench the now defendant enter into a recognizance  pursuant to the statute James c that the plaintiff in error shall prosecute  his writ with effect and if the judgement shall be affirm then to pay the debt  damage and cost afterward the judgement be affirm and then the plaintiff bring  a action of debt upon this recognizance against the bail the question be  whether they shall be discharge upon common bail it be say by their counsel  that they ought to be discharge for it be against the practice of the court  that bail shall be require of bail on the other side it be say that it be  never yet determine that special bail be not requirable in a action of debt on  a recognizance of bail but the reason of the case seem to require it because  the recognizance be direct for payment of money videlicet to pay the debt if  the judgement shall be affirm and certain it be never yet deny that where a  action of debt be bring on a bind for payment of money but that special bail  be always require and the reason be the same for special bail in a action of  debt upon a recognizance against the bail for such recognizance be a security  for the payment of the condemnationmoney and a collateral undertake that it  shall be pay upon the affirmance of the judgement and the bail upon the  recognizance can be discharge but upon payment of the money for they can  render the principal because such render do not lie by the modern report bail  upon a writ of error the court doubt it depend on practice and practicers not  agree fortescue and Raymond justice seem of opinion that special bail may be  require and think that in debt upon a judgement special bail be always give  Pratt chief justice rather incline to think so Adjournatur
case CHURCHER against wright if the sheriff name be upon the venire the  omission of it upon the distringa be amendable vide ante post hob more cro  Elizabeth Cowp dougl assumpsit after verdict for the plaintiff it be move in  arrest of judgement that the distringa be blank and no return thereupon nor  name of the sheriff add a see Geo c S by which conusance may be make general  without set forth the title under which distress for rend be take ante croak  James er p or put thereto but because the venire facias be well return with  the name of the sheriff add thereto and this distringa be of the same juror  who be well return before the court hold that it be amendable and for that  cause it differ from Roland case   for there the sheriff name be want upon the  venire facias which guide the residue of the process wherefore it be order  that it shall be amend and judgement be give for the plaintiff see James c  post
case churchy against rise a bind and judgement give by a debtor to a three  person to secure he from his bind to the creditor be good though no attorney  be present S c holt holt chief justice if a defendant be arrest and in  execution and one become bind for he to the plaintiff and the defendant give  the person who become bind judgement for his countersecurity it be good though  no attorney be present and it be not within the common rule of the court  because it be not give to the plaintiff himself in which case there must be a  attorney present but not when give to a three person
case CIIARNOCK against Sherrington a man feoff after judgement have against  the feoff can have a writ of error until he be aggrieve by the execution   a  post error for that Sherrington recover against one worsely in debt and  afterward worsely feoff the plaintiff of his land and then Sherrington sue a  elegit upon the judgement and the plaintiff before execution make sue this  writ of error and will assign error in the judgement and it wall demurrer in  law if the writ do lie curian it seem it do not first that the feoff can have  a writ of error except it he for error in sue the execution second till  execution sue he be not a party grieved and this be the reason that he in the  reversion or remainder shall not have error in the life of the tenant for life  upon a judgement give against the tenant for life because he be not a party  grieve but he may have it after the death of the tenant for life before the  statute but Egerton strong urge the contrary because the land be liable to the  execution vide Edward dyer Edward post
case CLAPHAMS case if the judge of a inferior court be not a utter barrister  of three year stand proceed shall be stay upon the delivery of hab cor  notwithstanding issue be join within the time limit by the James c Jones salk  Carth Mod palmer Com dig hawk p c ch S burr in point see also burr Tidds  practice if a inferior court proceed after habeas corpus a supersedeas shall  issue Mod Com dig hawk p c term Rep note upon information to the court that a  habeas corpus be award to the court of Guildford in Surre to remove a cause  there depend they notwithstanding a see car c croak car er p proceed upon  examination it appear that the writ be deliver after the issue join in debt  videlicet per mina plead and that the issue be join more than six week after  the action bring so as by the James c S a the judge may refuse it be resolve  by all the court because it be in a action of debt upon a obligation of two  hundred pound not make within that will that the statute do not extend to this  case for that provide against the remove by habeas corpus such action only  where the cause of suit be proper arise within the will second forasmuch as  the proceed be before one who be townclerk and attorney of the common plea and  not a utter barrister as he ought to be by a express proviso in the statute  and such utter barrister ought to be there present and can have a deputy but  such one as be a utter barrister and present at the trial it be resolve that  after the habeas corpus deliver the say proceed be ill and not warrant by the  statute and their proceed after a habeas corpus to trial and judgement be also  void whereupon a supersedeas be award and the judge of the king bench be  inform thereof agree that their course in the king bench be to disallow  proceed in a inferior court after a habeas corpus deliver unless it be a cause  arise in the will or corporation
case clare versus Wordell SC dick see Minshull v Lord Mohun vern April Lord  keeper Eq can ab pl m pl S c a devisee may bring a original bill in nature of  a bill of revivor and shall have the same advantage of a decree as a heir or  executor and the defendant be not at liberty to make a ne v defence a devisee  bring a original bill in the nature of a bill of revivor the question be  whether the defendant shall be at liberty to make a new defence Lord keeper  where the bill although original be only to supply the want of privity and in  all other matter but as a bill of revivor I think the decree ought to be carry  on in the same manner as it will have be upon a bill of revivor if Vernon  chancery case the plaintiff have claim in privity there be no reason why the  devisee shall not have the same advantage of the decree as a heir or executor  without enter again into the merit of the cause and the decree ought to be  neither long or short than the first decree this point do not appear in the  register book except that in the decree which be on a rehear Lord keeper say  that the plaintiff claim as devisee of Francis Clare decease ought to be in  the same condition as he be Reg lib a fol vide Minshull v Lord Mohun post nor  do bill of revivor lie by assignee of clerk of peace Harrison v Ridley common  Rep nor by assignee of a bankrupt ibidem et vine Dunn v Allen ante vol and  case cite in not there Vernon chancery case er p
case clarencieux alias brook against dethick alias garter garter king at arm  be parcel of the name and the possessor must sue and he sue by this title ante  Owen vide I Com dig f Leon hawk action for word the defendant plead that the  queen by her letter patent date c create he king at arm et nomen ei to place  upon qubd nuncupe garter first king implements and that he shall sue and he  sue by that name and because he be not name accord to his creation he demand  judgement si action c and it be thereupon demurrer gawdy and Popham hold that  he be name well enough for this suit against he as a private person and  therefore it suffice to name he by his proper name but if he have be sue or be  to sue for any thing concern his office it shall he otherwise and gawdy say  although it be a vide cro car where the authority of this case be impeach post  croak Elizabeth er p otherwise rule here upon a indictment yet it be always  against his opinion But Fenner say that it be a name of dignity and parcel of  his name as knight and therefore ought to be name by it in every suit  otherwise it shall abate el adjournatur
case clark against cog easter term James roll see Crosslee v Lightowler lr Ch  Wheeldon v burrow Ch d the grantee of land shall have a way over the land of  the grantor without any express grant post   light a   hob cro Elizabeth roll  ab Mod Lut term Rep trespass upon demurrer the case be the one sell land and  afterward the vendee by reason thereof claim a way over part of the plaintiff  land there be no other convenient way adjoin and whether this be a lawful  claim be the question and it be resolve without argument that the way remain  and that he may well justify the use thereof because it be a thing of  necessity for otherwise he can not have any profit of his land et e turning if  a man have four close lie together and sell three of they reserve the middle  close and have not any way thereto but through one of those which he sell  although he reserve not any way yet he shall have it as reserve unto he by the  law and there be not any extinguishment of a way by have both land wherefore  it be adjudge accord for the defendant
case clark against DEALY in a action by a executor against a person who have  receive money due to the testator the original debtor be not a competent  witness to prove the payment of the money S c holt trover and not assumpsit  lie by a executor for money take out of testator room after his death the  plaintiff as executor bring indebitatus for money of the testator receive  after his death to the plaintiff use and produce the testator debtor who pay  it as a witness but he be reject holt chief justice the plaintiff by bring  this action determine the election which he have of sue the original debtor or  the receiver and allow of the payment but if he be nonsuit the matter be at  large again and he may sue the debtor and therefore the debtor swear to  discharge himself and by consequence be no witness but he may be render a  competent witness by a release of the debt clarke v she Cowp a it appear also  that another sum of money mention in the declaration be find by the defendant  in the testator room after his death which he take and per holt chief justice  as to that the plaintiff mistake his action for he shall have bring trover and  not a indebitatus for money receive to his use and the plaintiff be nonsuit
case clark against Penruddock exception to a writ of quod to let pass the case  adjudge as it be report   b against the opinion of Anderson but two exception  be take to the writ first that it do not warrant the count for the writ be to  strew before house and the count be to strew before penthouse and so variant  and not warrant by the writ say non allocatur for so be the form in the  register to strew before house where only part be to the nuisance second  exception that the writ be modus to express grief but she veth not how the  message come to he for if he come to it in Le post as by seize there be no  colour for he to have remedy Sednon allocatur for the count make it sufficient  certain by Geo c judgement shall not he stay after verdict for any variance v  king hetween the writ and declaration
case clavell against Mallory a hearing complaint upon a statute staple lie in  the king hench though it be acknowledge by a infant how the inspection of  infancy shall he plead cro James hearing complaint upon a statute staple  acknowledge by one within age and it be much question if the suit may he in  this court or ought to be in chancery Elizabeth dyer and a precedent be show  in Henry that it lie not here but be to he in chancery but diverse other  precedent be show that suit have been upon a statute staple in this court and  it be therefore rule that it lie here a   b more   light a   b croak Elizabeth  er p for the chancery have no more record of it than this court for the  statute do remain with the party and the precedent in the book of entry be  that suit have been here and there be a writ for it in the register and  therefore they resolve that a suit may he upon it in this court old woman in  the queen Hencl as well as in chancery another matter be move that in the  record the inspection of the infant be not mention and he be now of full age  so he can be inspect but the prothonotaries say that the entry be qubd go for  sale inpro pride persond and pray a inspection and the court will advice of  the proof of his age and so be their common course and accord a precedent be  show Trinity Elizabeth roll but the court seem to doubt of it and will advice
case clavering versus clavering Eq Abr pl S c vern S c more full state vern  wms wms S c but not S p atk a father in make a voluntary settlement on his old  son and his heir without any power of revocation and after make another  settlement of the same land to his second son for life with remainder to his  first and other son in tail male and die the first deed come to the heir of  the old son and the other to the second son who bring a bill to set aside the  first but per cur both deed be voluntary the provision for a young son be no  such consideration as to induce the court to set aside the first deed a father  in make a voluntary settlement on his old son and his heir with a charge in  favour of his second son without any power of revocation after he make another  settlement of the same land to his second son for life with remainder to his  first and other son in tail male and die the first deed after his death come  to the hand of his old son heir and the other deed to the hand of the second  son who bring a bill to set aside the first my Lord keeper cite lady hudson  case Eq Abr S S c where a father on a quarrel with his old son make a  settlement on his wife of pound per and in augmentation of her jointure and  after be reconcile to his son cancel the say deed and so it be find at his  death and on trial at law the deed be prove to have be execute be adjudge good  though cancel and the son on a bill bring here be dismiss by my Lord summer  precedent in chancery Dobyns say this court go on presumption in family  settlement and if one give a daughter pound legacy and after on marriage give  her pound portion this shall here be a satisfaction of the legacy so if one  owe his child a sum of money and by will give he a great this shall be here  take for satisfaction the decree in this case be appeal from to the house of  lord and affirm brown parliament case and ed by Tomlins bro p c precedent in  chancery er p
case Claxton against BASTY plea in bar need only be certain to a common intent  S c ld ray the statute will c of composition of twothirds be plead in bar and  it be aver that the defendant bad abscond at such a time before the statute  but it be not say that he have abscond or be in jail at the time mention in  the statute the exception take be that for aught appear in this plea the  defendant be solvent at the time of the statute and therefore not capable of  the benefit thereof but per curian this be a bar shall be good to a common  intent and if the defendant become solvent after the failure it ought to come  on the plaintiff side by replication second exception that the defendant plead  the composition as a write under hand and seal and therefore a deed and by  consequence to be produce with a profert but per curian he only plead it sign  and seal but not to have be deliver as a deed must have be and the statute do  not require delivery and therefore there be no necessity of a profert three  exception it be plead to have be make the twelve of February after the statute  so it may have include debt become due after the statute but per curian it  shall only be a composition for the debt understand by the statute at least as  to the nonsubscriber though it may be otherwise to subscriber and judgement  nisi be give for the defendant
case Claxton versus Claxton pale yellow can S c vern S c Eq Abr pl S c equity  will permit a devisee of land upon condition to pay several sum of money at a  state time to cut down timber for that purpose during the life of a jointress  Mr Claxton have make a jointure to his wife of several land in Suffolk and  after make his will and thereby devise these land to the plaintiff and his  heir upon condition to pay several sum of money to several person at several  day and if he fail then to a and his heir upon the like term and die some of  the money be near due and the plaintiff not have ready money and fear to lose  the estate exhibit his bill against the jointress and those that be to come in  upon his default and pray that he may be admit to sell timber off the estate  to pay the money and the court without difficulty decree it accord precedent  in chancery de boundary S HILLARII in curian porter
case clayton versus cook November after proclamation make and so many court  day if the copyholder do not come in the lord may seize upon their land a bill  bring by a lord of a manor against copyholder to compel they to come and be  admit tenant Lord chancellor a lord of a manor can bring a bill of this kind  but have his remedy at law by make proclamation so many court day and if the  copyholder do not come in he may seize upon their land or if they shall be  infant a new act of parliament Geo c see have chalk out a method how he shall  proceed atkins if indeed there have be any confusion arise from copyhold land  be blend together the lord may have bring a bill of discovery to ascertain the  land but as it be not pretend in this case that there be any confusion of land  the bill must be dismiss with cost
case clement against beard a man can marry his wife sister daughter for by  affinity he be her uncle sir b shower the libel in the spiritual court be for  have marry and for cohabit with his wife sister daughter which we say be clear  prohibit by the levitical degree so be   light James rot Jones Noy hob Vaugh  and many other book it be say in some of the book that a uncle may marry his  niece but that a man can marry his aunt by reason of the superiority which she  have over he I hope that we shall have a consultation modern er p holt chief  justice what superiority be there by a aunt over her nephew what ground be  there for the distinction I can see any difference between the two case now  for your case it be certain within the degree of affinity and in the modern  same degree of consanguinity there will be no doubt of it for a man can marry  his own sister daughter I think this case have be settle there be a case  against you in point but indeed if this marriage be not within the levitical  degree we be to hinder the spiritual court from proceed on a wrong foundation  Adjournatur
case clerk against birch prohibition to a libel in the spiritual court for  seat in the church motion to show cause why a prohibition shall not be grant  they set forth in the spiritual court that the churchwarden have time out of  mind have the disposal of the pew of the church the ordinary have a  jurisdiction of all pew in the body of the church and they can be exclude by  custom without some special amends to the ordinary for that and the reason be  that they who have the disposal of the good of the church only can have the  disposal of the inheritance hob ray lev salk e contra prohibition have be  grant on the same suggestion roll Rep roll Abr Lut in the last case there be  no reason allege for the custom the custom may have a reasonable commencement  for the churchwarden may original build the pew Pratt chief justice I believe  this custom be general through London and in many other place in England the  authority contradict each other it be not proper therefore to overrule this on  motion per curian declare in prohibition forthwith modern report easter term  the five of George the first in the king bench sir John Pratt Knt chief  justice sir Littleton powys Knt sir Robert Eyre Knt sir John fortescue aland  Knt justice Nicholas Lechmere Esq attorneygeneral sir William Thompson Knt  solicitor general
case clerk against butler misnomer not to be plead after defence make the  defendant go for sale et make practice of defending vim et in an unjust manner  when c and then will plead a misnomer and it be say that he can not plead that  or to the jurisdiction of the court after plead make practice of defending vim  et in an unjust manner for that he have admit himself by that name brown   Ent  raze curian advisare vult
case clerk against clerk if the venire omit part of the issue it be a  discontinuance and not amendable ante post   a roll Rep winch Bulst hawk ld  ray will ejection firm the defendant plead not guilty and find for the  plaintiff and it be move in arrest of judgement that the venire facias be ad  faciend rat in plea transgression whereas it shall have be in plea  transgression et ejection firm and therefore a mistrail and not aid by any of  the statute but it be move e contra that it be but a misawarding of process  which be aid by the statute the writ also be judicial may be well amend for it  be but the default of the clerk the roll which be the warrant thereof be good  the court gawdy absent hold that it be not amendable for non constat but there  may be a action of trespass depend and that this venire facias be award  thereupon and although it be say that a ejection firm be but a plea of  trespass in its nature yet the action be several and therefore the venire  facias ought to be accord and this misawarding of process be not aid by any of  the statute but if there have not be any venire facias it have be help by the  Henry c and Elizabeth c wherefore a venire facias de to make new be award
case clerk against day Hilary term Elizabeth roll a devise to a for life and  if she marry after my decease and have heir of her body then the heir shall  have the land after her death queen if this passes a estate in tail or for  life SC Owen more roll roll and see I Str l ray fitzg burr Com dig Powel on  Dev strange the case upon special verdict be Joan marsh devise certain land to  Roseher daughter for life and if she marry after my death and have heir of her  body then I will that the heir croak Elizabeth after my daughter death shall  have the land and to the heir of their body beget and if my daughter die  without issue of her body beget then Philip tailor shall have it to he and his  heir Joan marsh die rise marry Silly and lad issue the question be if rise  have a estate in tail or for life only first it be agree by all the justice  that a devise to one and the heir of his body be a estate tail and shall go to  all the heir of her body for heir be nomen proceeding by inference a and one  can have but one heir at one time and this shall go from heir to heir but  gawdy and Fenner hold that rise have but a estate for life for so it be limit  by express word that she shall have for life and then her heir shall take as a  purchaser and it shall not execute in rise b Popham chief justice contra for  the estate be limit to the ancestor and after limit to the heir and shall  execute in the ancestor especial the word be if she have any heir and  therefore intend that any heir shall have it el adjournat c in the case of  shaw v weigh b r mich Geo Lord Raymond inspect the roll of this case the true  name of which be cheat v day see stram and that the devise be if she marry  after my death and have any heir of her body then lawful beget I will that  that heir after my daughter death shall have the land c c l c b Parker ms
case clerk against dier word negative speak not actionable in a action on the  case for these word speak negative videlicet I never come home and pox my wife  the plaintiff have a verdict but the judgement be arrest by the opinion of the  whole court for that the word be too lose to bear a action
case clerk against james Hilary term Elizabeth roll on a justification of word  at a different place from where they be speak the v isne shall he where the  justification arise ante yely cro James error of a judgement in the common  plea the error assign be because in a action of the case for word for call he  thief at d in the county of Essex the defendant justify because the plaintiff  have commit a robbery at Worthington within the same county the issue be de  son tort demesne sans tiel cause the venire facias be award from d where the  word be speak and a trial thereupon and hold to be ill a new venire facias be  award from the visne of W whee he justify and a verdict thereupon for the  plaintiff and judgement thereupon and now error thereof bring because the  venire facias be as well to be award from d as from W say non allocatur for by  the justification the word be confess and the issue be only upon the cause  wherefore the trial be good and the judgement be affirm
case clerk against PALADY Trinity term Elizabeth roll assumpsit will not lie  for rend ante vide Com dig Bac ab assumpsit in consideration that he will  permit the defendant to en oy such land for a year the defendant assume to  give ten pound unto he for that year and allege in fact that the defendant  enjoy it by his permission c after verdict it be move in arrest of judgement  that the action lie not because it be not show what right or title he have to  the land to licence the defendant to enjoy it otherwise there be not any  consideration or cause of action and for this cause the court hold it to he  ill as also for that if it have be sufficient allege then it have be a demise  and a action of debt and not a assumpsit have then lie upon it wherefore the  judgement be stay
case clerk against PENKEVEN word actionable post action for word thou art a  lewd fellow for thou baste draw such a man to perjury  After verdict it be  adjudge in the queen hench that the action lie and error bring and assign that  the word be not actionable and all the justice and baron agree that the action  be maintainable for it be all one as if he have say thou baste suborn a man to  perjure himself wherefore the judgement be affirm
case clerk against pigot name endorse on a bill of exchange may be use as a  assignment or for discharge when pay in assumpsit on a bill of exchange the  case be dunkin draw a bill of exchange at Bristol on Pigot in London Payable  to clerk or order at twentyeight day sight clerk live at Bristol send the bill  with keen to London with his name endorse thereon but a blank space over his  name keen present it to Pigot who accept it and modern report for nonpayment  clerk bring this action and it be allege that the action shall have be bring  by keen because by clerk endorse his name the property be transfer from he to  keen but holt chief justice hold a that there be a blank space leave over the  name of clerk as be usual in bill of exchange it be at the election of keen  either to make use of it as his servant or order if he have fill up the blank  space with make it Payable to he as he may have do if he will then the  property of the bill have be transfer to he and be only can have maintain this  action against the acceptor but see he have not fill up the blank space be  thereby declare his intention to have act only as a servant of clerk who name  be put there that b this judgement be affirm in the house of lord brown p c  see also John v Whitney will the same point and this case of Silly v dally  hold to be good in law a Yelv a at the sit at guildhall London modern report  er p on payment thereof a receipt may be writ for the money over his name  therefore action maintainable by clerk a
case clerk against price a parson the spiritual court can entertain a libel  for word reflect on a parson in his profession which do not impute to he any  misconduct of spiritual cognizance S c post a prohibition be move for to the  spiritual court for word which in the libel be lie to be that the say price  behave himself proud and insolent and that he be a impudent ignorant blockhead  and that he also say and declare that the advice and exhortation and other  spiritual direction of he the say price from the pulpit be not fit to be take  and that he be not fit to give the sacrament and that he the say clerk speak  to a three say you will not modern report er p receive the sacrament from such  a puppy as the say price be be you to live never so long in his parish Parker  sergeant now sir Thomas to show cause why a prohibition shall not go say these  be not word of heat but of deliberation and high touch he in modern report his  function and cite the case of Crandon v Walden a lev a but holt chief justice  say to which the court do not disagree that though these word do reflect on he  in his profession yet see they do not charge he with any thing for which he be  obnoxious to the spiritual court therefore a prohibition be grant b see Coxter  v parson where a prohibition be grant on a libel for say he have no sense be a  dunce and a blockhead I wonder the bishop will lie his hand on such a fellow  he deserve to have his gown pull over his ear because a parson be not  punishable in the spiritual court for be a knave or a blockhead more than  another man salk S c ld ray S c Mod S p Nelson v Hawkins Mod S p Newman v  Kingerly lev S c keb S c Anonymous comy Rep b and it be order to come before  this court by declaration and demurrer a see S c post a
case clerk against price word reflect on a parson be not cognisable in the  spiritual court unless the imputation if true will subject he to  ecclesiastical censure S c ante this case be now again move and agree that the  word if true will subject he to ecclesiastical censure sir Peter king  thereupon pray a consultation and cite lev godb and roll Mr solicitor general  argue that defamation to give the spiritual court jurisdiction must be in  respect of the cause not of the person and therefore there be modern report no  difference between a clergyman and a layman   Inst and unless it subject he to  ecclesiastical censure though he be a clergyman yet they have no jurisdiction  for such defamation godb nor can he have prejudice by the word for when a  parson be admit by the ordinary can he afterward be deprive for ignorance he  may be refuse for ignorance but I never hear of one parson deprive for it this  parson be only a curate c Powell justice but this be his way of live I e his  trade and to say one be ignorant in his trade be actionable so to say such a  attorney c be ignorant in his profession powys justice take all the word  together they import a great scandal holt chief justice you must make  something out for which he be suable in the spiritual court et adjournatur a  see case note to S c ante a
case clerk against YEWDALL a declaration in assumpsit that the defendant will  pay such sum as the plaintiff reasonably to have to deserve be good SC ld ray  SC salk post quantum to deserve the plaintiff declare that at the request of  the defendant he have do such and such service for he and set they forth and  that in consideration thereof the defendant promise to pay he tantus to  deserve there be a verdict for the plaintiff it be move in arrest of judgement  that the consideration be pass it shall have be quantum to deserve or merit to  be in assumpsit for mariner wage style a where it be lie that in consideration  that b to serve zealously instead of deservivi the judgement be arrest upon  that exception holt chief justice in all our judgement the entry be quod  recupere which be a subjunct and yet it be a present act and not a future one  for it will be ill to make it future and it must be translate that be do  recover in the presenttense so if present of potential or conjunctive be the  same with present of indicative why shall not preterimperfecttense of both  mood be the same and if this have be modern er p to deserve you have allow it  good and the merit be not pass when the work be do but continue until  satisfaction and the plaintiff have judgmentSee the case of Meverley v lee ld  ray SC salk b
case clerk and other versus miller at the roll July see Murray v Barlee sim a  feme covert who have a separate estate employ workman in her husband house  without his direction and promise to pay they the master of the roll doubt  whether a parole promise can subject land but she submit to pay he decree  accord a feme covert have a separate estate set workman to work in her husband  house without his direction and promise to pay they there be other creditor on  the same foot the bill be bring by creditor against the representative of  atkins the husband atkins er p and the widow to have the separate estate of  mary miller and also the asset of the husband apply towards satisfaction of  their debt master of the roll I doubt whether upon the bare promise only that  be but parole her land can be subject which be what be pray by the bill but  she submit by her answer to pay think this a good reason for decree accord his  honour direct a account of the personal estate of John miller and of his debt  and legacy and a enquiry of what debt the defendant mary miller contract for  and agree to pay out of her separate estate the consideration of further  direction reserve till the master have make his report Reg lib a fol vide  master v full bro Charles Rep Lilia v airy Ves jun vide etian Standford v  martial ante
case clerk case a attachment refuse the officer by virtue of a execution  against clerk take the good which be his but before execution clerk have make  a bill of sale of they to one Francis who by violence take they out of the  officer possession Francis move for a attachment against the officer the court  say that Francis may try the property but refuse to grant a attachment against  the officer for that they be justify by the execution
case clerk case contemptuous word speak by a burgess to a mayor be no cause of  disfranchisement Lut lev palm   a style salk clerk of Hertford be expel from  be a burgess there procure a writ a to the mayor and burgess to restore he or  signify the cause who return that he be churchwarden present one of the  burgess malicious without cause for be absent from the perambulation for which  be rebuke by the mayor he say contemptuous I care not for Mr mayor nor any of  the burgess and for this cause he be expel and it be hold to be no cause of  expulsion wherefore there be another writ of restitution award
case clerk versus clerk owner turner Nov Eq can ab pl S c devise to two equal  to be divide and to the survivor of they they be jointtenants sir Philip  Warwick convey his house of Frognall and four farm to trustee upon trust that  his sister the lady turner and Arabella clerk may cohabit in the capital house  and equal divide the rend and profit of the four farm betwixt they and the  whole to the survivor of they Arabella clerk in her life time make a lease of  her moiety to her daughter for eighty year to commence upon her decease if the  lady turner shall so long live and soon after die first it be resolve that  this be a jointestate and not a tenancy in common for although the word equal  to be divide betwixt they sometime in a will may make a tenancy in common only  by way of construction and that it be the intent of the testator that there  shall be a division or partition yet if afterward in the will it be declare as  in this case it shall go to the survivor that will oust such construction and  it will be a joint estate even in the case of a devise by will vide Kew v  rouse ante Vol lady shore v Billingsle ib second take it to be a jointestate  the lease make by Arabella though to commence after her decease be a severance  of the jointtenancy and the lease of her moiety will be good against the  survivor dyer a   Litt a so a mortgage sever the jointtenancy of a trust of a  term Jones v Simpson salk Vernon chancery case de term S michaelis in curian  porter
case CLERKSON versus bowyer e con Lord chancellor moon die Julii the heir of  the mortgagee foreclose the mortgagor the executor be no party upon a bill by  the executor against the heir of the mortgagee and the mortgagor the land be  decree to the executor there be a mortgage make of a copyhold in fee for  secure a annuity the heir of the mortgagor be foreclose and a release give to  the trustee of the mortgagee the bill after all be to be admit to the  redemption and it be insist that the benefit of the mortgage belong to the  executor or Vernon chancery case administrator of the mortgagee and not to his  heir and therefore this foreclosure can not be bind the administrator be no  party to it and the case of Gobe and his wife against the earl of Carlisle be  cite where the heir of the mortgagee have foreclose the mortgagor Vernon  chancery case er p the executor of the mortgagee be no party and afterward  upon a bill by the executor against the heir of the mortgagee and against the  mortgagor the land be decree to the executor but it be say per cur if the  executor or administrator of the mortgagee shall after this foreclosure come  against the heir of the mortgagee to have the benefit of the mortgage the heir  may well say I will pay you the money and take the benefit of the foreclosure  to myself in case the land be worth more than the money the bill in this case  be by the heir of the mortgagee against the lord of the manor the  administrator and some other party claim title to the premise in question  state to the effect in the print report and pray a discovery of their claim  that the lord may admit he as tenant and that the administrator may deliver up  to the plaintiff the deed and write belong to the say premise in his hand  which be decree accord but no reason in the decree Reg lib a fol vide Wynn v  Littleton ante Vol
case clever against gyles Trinity term Elizabeth roll what shall he a  sufficient deed to declare a use   b more Ro ab Mod dougl ejection firmce it  be find by special verdict that knight sell to only certain land by deed  indent upon condition of reentry upon payment of twenty pound and that all  assurance shall then he to he and his heir and covenant to make other  assurance and that they shall he to the use in the indenture afterward he make  a feoff to the same bargainee to the use of he and his heir and afterward levy  a fine to he which be to the use in the indenture if by this absolute feoff to  the express use of the bargainee his estate he conditional or not be the  question and adjudge that notwithstanding the absolute feoff and to a express  use yet it be upon croak Elizabeth no new agreement this be guide by the  covenant and it shall rule it as well as a express limitation of the use see  car c and Ann c
case CLEYDON against tailor in the ExchequerChamoer if the writ in trover be  for bushel and the declaration only for bushel it be a fatal variance although  the writ of enquiry correspond with the bill ante cro Elizabeth Cowp dougl  error of a judgement in the king bench for that the bill in a action upon  trover be of four hundred bushel of pippin the declaration Vas forty bushel  and judgement be give upon nothing to say the writ of enquiry of damage recite  the trover and conversion of four hundred bushel and thereupon damage find to  forty pound and judgement accord error be assign because the writ of enquiry  of damage vary from the declaration upon the record there be more in the writ  than in the record upon which the judgement be enter croak throw the defendant  hereupon allege diminution and procure the bill upon the file to be certify  and then plead in nullo be erratum the justice and baron all hold that it be  error for the bill do not warrant the declaration and the judgement ought to  be warrant by the declaration on the record and if it be variant from it it be  error and they say that it can not be amend for it be the record to which the  party be to plead S wherefore rule be give for reversal of the judgement but  afterward stay upon a surmise that the record itself be miscertified
case CLIFTON against lombe that Dec devise to l in consideration of her  promise to give c be a trust lib Reg a foe b S c cite Ves sen sir Thomas  lombes will have these word in consideration that lady lombe have promise to  give what I shall give her to her and my child at her death I give her c hold  the child entitle the word of the will be in consideration that lady lombe  have promise to continue my widow and to give what I shall give her to my  child at her death I hereby release and discharge her from any covenant or  agreement in her marriage article for bar herself of any part of my real and  personal estate and the testator then direct that all his real and personal  estate shall first deduct thereout the legacy thereby give be divide into  three equal part and give one three share to say lady lombe and the other two  three to be equal divide between his two daughter the plaintiff share and  share alike the decree in it all declare as to the three to which the say lady  lombe be entitle that the same will on her death belong to the plaintiff equal  a petition come on for hear for some collateral purpose at the date mention in  the head but the right of the party be declare at the original hear of the  cause as above state see this case cite Ves sen where it be say that the  testator be under a mistake there be no promise by the wife for she deny it  and there be no proof of it in the answer of the wife as state in lib Reg  there be no such denial by the wife as mention in Ves bat she mere submit that  she be absolute entitle to the onethird under the will see Massey v Sherman  next case and Cunliffe v Cunliffe post
case CLIFTON against well word thou art a pocky whore actionable S c ld ray  action for these word thou art a pocky whore and carry the pox along with you  and to maintain it these case be urge side side cro Ro ab per totan page  Dalton holt chief justice modern report No difference between these word and  those other he have get the pox by a yellowhaired wench in Moorfield and sure  to say that a woman be a pocky whore be that she be pocky quatenus she be a  whore and to say that she carry the pox along with her make it strong and  action for word be to be encourage for it be a great mean to preserve the  peace and any one will understand these word to be mean of the French pox  judgement for the plaintiff
case CLIFTON v orchard clerk January the that issue direct by this court to  try a modus though establish by two verdict the plaintiff entitle to his cost  at law only and not in equity there have be two verdict in this case in favour  of the plaintiff in equity the modus be now establish with the cost at law but  none be give with regard to the proceed in equity for Lord chancellor say the  suit in this court be mere for the security of the plaintiff and to prevent  any far impeachment of his right to a exemption from the payment of tithe in  specie and that this be like the case of a bill bring to perpetuate the  testimony of witness wherein cost be never give against the defendant that the  plaintiff may have apply for a prohibition and if he have succeed therein at  law he will have have his cost and he ought to have the same advantage with  regard to the proceed at law direct by this court but that there be no  pretence for any other cost see anon post vol his lordship decree the modus to  be establish and order the defendant to pay cost to the plaintiff in respect  to the proceed at law to be tax but as to cost in equity relate to the modus  his lordship do not think fit to award any to be pay by either of the say  party Reg lib a fol
case CLYNCARDS case the caption of a indictment must show that it be take on  the oath of twelve man Henry Edward Inst Inst hawk Bac Abr by Rep burr will  Clyncard be indict upon the Henry c the record be ad sessionempacis c per  sacrament a b c d el another of man de county proedicto prcesentalum step  forth c and it appear not that it be per sacrament for if it be present by a  lesser numher it be clear ill wherefore it be reverse
case coal against acorn nil debet be a good plea in debt for money levy on a  be made fa in debt against a sheriff the plaintiff declare upon a judgement  obtain against I S and have sue out a become facias and deliver it to the  defendant who army thereof have levy the money the defendant plead nothing  debet and adjudge a good plea and this difference be take that where the writ  have not be return the plea be good because it be matter of fact whether he  have levy the money or not by where the writ be return become to make
case coal against HAVELAND word the meaning of which be peculiar to the place  where they be speak may he render actionable by the interpretation of a  innuendo more yely carter hob action for these word coal have strain a mare  innuendo carnally cognovit ceiuam the jury find that the defendant speak the  word c have strain a croak Elizabeth er p mare meaning that carnally cognovit  and upon these word the plaintiff have judgement although it be allege that  the word in themselves have no sense and the innuendo will not help the matter  but only denote the person but because the verdict have find precise that this  be his meaning and it be a phrase of the country it be adjudge for the  plaintiff
case coal against Hawkins in transitory action time and place not material S c  ante S c pale yellow S c stram assumpsit the plaintiff declare upon a promise  make the sixteenth of January the defendant plead in bar the statute of  limitation and that the cause of action do not accrue within six year before  the exhibit of the bill the plaintiff reply the bill be exhibit the  twentythird of January and that cause of action do arise within six year  before exhibit the bill to this the defendant demurrer Parker chief justice  now deliver the resolution of the court judgement must be give for the  plaintiff for this be the case of a parole promise the day in the declaration  be not material and therefore the plaintiff in his replication have only  depart from a immaterial part of his declaration which will be cure by a  verdict and be now aid upon a general demurrer by statute for amendment of the  law modern report be it more than matter of form a verdict find the promise at  another day can never cure it as most certain it will and for this purpose be  quote the case of lee v rain a lev report likewise Keble a where this learning  be lie down that for the plaintiff in his replication to vary from the time or  place in his declaration in order to follow the defendant plea be not a  departure in the old book indeed this will have be a departure b ass b and  unless what strict speak be a departure be sometime allow unless the plaintiff  where the defendant by his justification make the time or place material may  follow the defendant plea though it lead he to another time or place all that  doctrine that in transitory action where time and place be not material the  plaintiff may declare at any time or place must fall to the ground judgement  for the plaintiff c see Stafford v forcer ante matthews v spicer stram c
case coal against henry the court will take notice on what day the king die SC  ld ray error of a judgement in ejectment in Ireland in the court of queen  bench the first error assign be that no juror name be enter on the record holt  chief justice when there be a full jury there modern never be a entry of their  name in a superior court the second error assign be that the judge who try the  cause call himself the queen judge and it nowhere appear that the king be then  dead holt chief justice we be to take judicial knowledge who reign over we and  who we owe allegiance to and though it be decent to take notice of the demise  of the king yet it be not of necessity and the judgement be affirm
case coal against kind a indenture of feoff with covenant of warranty be not  within a promise to make reasonable assurance of land ante Yelv roll ab roll  Rep Leon Leon side Mod Com dig assumpsit in consideration the plaintiff will  pay to the defendant the sum of twenty pound he promise to assure such land by  such reasonable assurance as by the plaintiff shall be advice and require who  devise and require a indenture of feoff with covenant to discharge and save he  harmless from all encumbrance make by the defendant and f further assurance  upon request to be make within such a time and for not seal this assurance the  action be bring it be thereupon demurrer for it be say although he be to make  assurance yet he be not to be bind with any covenant and therefore he be not  bind to seal that assurance croak throw and the whole court be of opinion that  although these covenant be a see ld raym croak James er p ordinary and  reasonable yet the agreement not be to make it with reasonable covenant but  only reasonable assurance he be not bind to seal it for it be not any part of  the assurance and the assurance may be without any covenant wherefore it be  hold that the breach be not well assign and the declaration be not good but  they will advice thereof and afterward be move again they all hold their  former opinion that this assurance with these covenant be not within the  promise wherefore the breach thereof be ill assign and adjudge it for the  defendant croak throw trinity term James in the king bench sir Edward Montague  Knt chief justice sir John Doderidge Knt sir Robert Houghton Knt justice sir  Henry Yelverton Knt attorney general sir Thomas Coventry Knt solicitor general
case coal against wall and Burnell the lessee of a copyholder may maintain a  ejectment at commonlaw post   a more light Com dig Bac a r pale yellow ten  term Rep term Rep ejection custodice of a ware and his land and declare that  the lord of the manor of S have the custody of the heir of his copyholder and  of his land by the custom there until the heir come to his age of fourteen  year and that he may commit the custody of his body and land to whorA he  please and that one Cl die seize of by land be a copyholder of inheritance and  that the lord grant to he the custody of the heir be within the age of  fourteen year and the defendant eject he after verdict it be allege that a  ejectionefirmce do not lie of a copyhold estate and so it be rule by the whole  court and the judgement be stay and the justice say that a ejectionefirmce do  lie of a lease make by a copyholder but not for croak Elizabeth a demise make  by the lord of a copyhold by copy of court roll but afterward Trin Elizabeth  this case be move again and allege that this action be a action upon the case  in nature of a ejection custodice and not upon a grant by copy but upon a  grant at commonlaw and thereupon it be adjudge that the action lie croak  Elizabeth er p
case coal case in the common plea plead in assumpsit a nte assumpsit and  declare that whereas the defendant be indebt to I S in twenty pound in  consideration that the plaintiff at the defendant request agree to give his  bind to I S for the say debt the defendant do assume to save he harmless and  allege in fact that he do give his bind c and he be sue upon it c upon non  assumpsit it be find for the plaintiff Shuttlewofth move that the plaintiff  have not well declare for that it be not allege that he give notice that he  have make the bind and be sue upon it but it be adjudge Tor the plaintiff for  the defendant at his peril ought to take notice of the obligation c as in a  bind to stand to award he be to take notice of it Anderson chief justice say  if one he oblige to make such assurance as I S shall advice he ought to take  notice of the assurance devise at his peril because a certain person be  appoint to do it but if it he such assurance as my counsel shall advice I  ought to give notice of the assurance for he can take notice who be my counsel  and for the other point he ought to save he harmless without request videlicet  by payment of the money or c
case coal versus grey all infant Lord chancellor eoden die Eq can ab pl S p a  wife not to be examine as a witness against her husband the plaintiff be  infant and the child of the defendant wife by a former husband their bill be  to have a account of the estate leave they by their father and of the produce  and proceed thereof upon the hear it be refer to a account Vernon chancery  case er p and the defendant and his wife be to be examine on interrogatory for  discovery of the estate the wife be at variance with her husband and live  apart from he upon her examination make the estate of the plaintiff who be her  child as great as she can and thereupon to fix the charge upon the husband the  plaintiff upon a petition to the master of the roll obtain a order to examine  the wife as a witness against the husband de bene be and the master upon her  evidence have charge her husband with several sum of money as interest and  produce of the infant estate but now upon exception to the report the Lord  chancellor disallow her evidence and declare the wife can not be a witness  against her husband Reg lib a fol vide anon Ch can hale p c vol vol neither  can the wife be a trustee for her husband Kingdon v bridge ante Eq can ab pl a  bankrupt wife can be examine touch his bankruptcy though she may for discovery  of his effect ex part James p wms
case coan against bowl infancy can be assign for error in replevin SC post SC  Carth SC Mod SC comb SC Mod SC holt SC salk sand two avow as bailiff and have  judgement error bring and error assign that one of they be within age and  appear by attorney if ill a
case coat against kettle to say of a cooper that he be a varlet and a knave be  not actionable post salk stram ld ray error of a judgement in bury in a action  for these word whereas the plaintiff be a cooper and have use that trade  twentyfour year and thereby have gain his live the defendant say of the  plaintiff he be a very varlet and a knave and upon this the plaintiff have  judgement there error be now assign that the word be not actionable and for  this cause the judgement be reverse
case cock against HONYCHURCH Michaelmas term car roll payment of part and a  promise to pay the remainder of a debt can be plead as a accord and  satisfaction S C ray S C keb ante   roll Abr Mod Mod Mod pale yellow Eq Rep ld  ray stram Peer wms Peer wms Peer wms Com dig accord b paulet move in trespass  that the defendant plead in bar that he have pay three pound and make a  promise to pay so much more in satisfaction and say it be a good plea and do  amount to a accord with satisfaction a action be but a contract which this be  Twisden justice a accord execute be pleadable in bar but executory not
case cock versus Foley refer to sub nom Cox v Foley mayor of Basingstoke v  Lord Bolton draw see also SC draw Searle v cook Ch d of purifying at the roll  Eq can ab pl pl pl bill in equity lie for recover ancient quitrents though  very small as S or S per and and if prove to be constant pay the court will  decree payment or will direct a issue to try whether any and what rend be  issue out of all ox any of the land in the bill the bill be to be relieve  touch two several rend purchase by the plaintiff of S and S per annum issue  out of land the bill suggest the rend have be constant pay time out of mind  but that they can not recover at law not know the nature of the rend whether  rentcharge service or rentseck and the boundary of the land be uncertain so  that they can not at law declare with that preciseness as be require in a  avowry and several precedent be produce where the court have relieve in these  case and among other sir William Bevershams case who have a decree for a rend  of be d per annum the court declare they will decree the rend if it have be  constant pay but the defendant desire the matter may be try at law a issue be  direct to try whether any and what rend be issue out of all or any the land in  the bill mention the rend appear to have be S and be Reg lib a fol vide  steward v Bridger post vol where court decree payment of arrear of grow rend  though allege only that payment have be make for near year and deny trial at  law though pray by defendant palmer v Wettenhall Ch can vide north v earl and  countess of Strafford p wms Benson v Baldwin atk and case cite in not there  Qure as to the bill for arrear of rentcharge where power of distress reserve  and no fraud prove vide Champernoon v Gubbs all post vol pre Ch SC so bill  dismiss foster v foster post vol
case cock versus Worthington the last seal after Michaelmas term December Lord  chancellor the case cite by Mr attorney general at a former seal do not come  up to the present but seem only to be hasty declaration of the court without  take any time to consider one of they be for impertinence both in  interrogatory and deposition and therefore can admit of no doubt but the case  of Horsey versus Horsey before Lord Macclesfield in may be exact in point for  it be to refer deposition for impertinence only and the order be make on hear  counsel of both side but there be no cost either give against the plaintiff in  that case or his commissioner because the defendant commissioner be equal in  fault on the that of march on a motion before I I make a order for refer  interrogatory and deposition both for scandal and impertinence the master  certify that neither of they be scandalous and impertinent and the court upon  exception hold only the that interrogatory be so but at the same time  determine that some of the deposition be both scandalous and impertinent and  order the scandal and impertinence to be expunge but give no cost his lordship  therefore do the same in the present case and declare it be out of decency and  for the honour of this court who will not suffer any thing scandalous or  impertinent to stand in the proceed here but that they shall be purge of both  and likewise for the sake of the party that nothing reflect upon his character  may appear
case cock versus Worthington the three seal after Michaelmas term December  this court will order deposition to be refer for scandal and impertinence to a  master Pyncent v Pyncent post vol it be move by the attorney general to  discharge a order for refer deposition to the master for scandal and  impertinence for he insist that you can have such a order against a party in  who behalf the deposition be take where the interrogatory be right frame but  the proper application will have be against the commissioner for suffer a  witness to insert in their deposition either scandal or impertinence he cite  two case determine by sir Joseph Jekyll Irish versus rook August Skerne versus  Voguel march the bill here be bring for a specific performance of article on a  purchase of a small estate Lord chancellor I do remember the case cite by Mr  attorney general but atkins I own I have some doubt at the time it seem to I  very strange that deposition shall not be refer for scandal as to the  impertinence be another question but suppose interrogatory shall lead to  scandal it be not very fit that they shall be refer in order to expunge the  scandal but if cost shall be insist on it will be another consideration  because as there be nothing of this kind arise out of the interrogatory the  party on who behalf they be take be in no fault then the next question will be  VVIkher the examiner or commissioner who suffer scandal or impertinence to be  insert ouPaht to pay the cost let it stand over to the next seal to look into  the case cite and likewise to search for order make on motion of this sort Reg  lib a fol
case COCKCROFT against smith son assault demesne be not a good plea where any  time intervene between the assault or where the second assault be excessive S  c post S c salk S c holt S c Mod Cockcroft in a scuffle run his finger towards  smith eye who bit a joint off from the plaintiff finger the question be  whether this be a proper defence for the defendant to justify in a action of  mayhem holt chief justice say if a man strike another who do not immediate  after resend it but take his opportunity and then some time after fall upon he  and beat he in this case son assault be no good plea neither ought a man in  case of a small assault give a violent or a unsuitable return but in such case  plead what be necessary for a man defence and not who strike first though this  he say have be the common practice but this he wish be alter for hit a man a  little blow with a little stick on the shoulder be not a reason for he to draw  a sword and cut and hue the other c
case COCKCROFT against smith the court will not grant a new trial in battery  on account of the absence of one witness if the party can have have another to  the same fact S c ante motion for a new trial the case be in a battery it  appear that the plaintiff modern report er p have a material witness that be  know to be sick and yet go on with the trial whereas he shall have pay cost  and put off the trial holt chief justice doubt if the court can grant a new  trial Powell justice say it be in the case of a battery which may affect a man  all his life a see S c ante a he be inclinable to grant a new trial but it  appear that he may have have another witness to the same purpose they be  unwilling to grant one b the court will under special circumstance grant a new  trial on account of the unavoidable absence of a material witness Coppins case  cite salk warren v fuzz Mod but not for the default or omission of the party  their counsel or atorneys in not come prepare with or go into evidence which  they be apprise of and may have produce at the former trial ford v Tilly salk  Anonymous Mod price v brown stram cook v berry will spong v Hogg black Rep  gist v mason term Rep Vernon v hankey term Rep b adjourn
case cockerel vers Armstrong all in c b where interest be in land or claim out  of it the plaintiff can reply de in an unjust manner svan not common with  others but ought to traverse the right this be a action of trespass for take  and impound a gelding at Scarborough comens er p the defendant plead that the  place where the gelding be take be call Weapness contain acre in Seatborough  of which the bailiff and burgess of Scarborough be seize in fee and that the  defendant as their servant and by their command take the cattle damagefeasant  to which the plaintiff reply de in an unjust manner svan not common with  others general to which the defendant demurrer and show for cause that the  plaintiff do not traverse and judgement be give for the defendant first  because several thin be put in issue which be a reason in Crogates case   b  second because where interest be in land or claim out of land the plaintiff  can reply de in an unjust manner svan propriaThe present case fall riot only  within the reason but within the word of Crogates case where it be resolve  that when the defendant in his own right or as a servant to another claim any  interest in the land or any common or rend go out of the land or any way or  passage upon the land c there de in an unjust manner svan not common with  others general be no plea
case Cockerill against Armstrong in trespass if the defendant justify as  servant to commoner for damage pheasant on the common a replication of de in  an unjust manner svan not common with others general be not good SC comy Rep  trespass for take away and impound the plaintiff horse the defendant justify  as servant to the bailiff and burgess of Scarborough who be seize in fee of a  certain common and that be take this horse damage pheasant upon the common as  their servant c to this plea the plaintiff reply general de in an unjust  manner svan not common with others without tali causan modern er p the  defendant demurrer special because the plaintiff by his replication have  traverse several matter and that no issue can be take thereupon and to this  the case cite be Rep thorn Entr Yelv Brownl that where no title can come in  question and it be only matter of excuse there de in an unjust manner svan not  common with others c may be good on the other side for the plaintiff the case  cite be cro car Mod roll Rep cro James salk sand salk where possession be  sufficient in transitory action salk Yelv more Mod Lutw salk the court the  question be whether that plea have not more than mere matter of inducement  necessary for the plaintiff to answer in his replication as the defendant have  think fit to lie a seize it be necessary for he to prove it and therefore he  ought to have have a answer from the plaintiff we think that de in an unjust  manner svan not common with others general be not a good replication for here  be several thing put in issue whereas all issue ought to be single it be not  necessary to set out the seize in fee possession will be sufficient but as  they have do it it will be incumbent on they to prove it judgement be give for  the defendant see Crogates case   a
case COCKEYN and I S against dame Hawkins a writ of error may he bring in the  exchequer Chamber upon a judgement in scirefacias against bail post yely cro  James cro car Jones contra say vide cro car ld raym andr stram Bac Abr in  notorious facts ante sect error for that in debt in the queen bench by dame  Hawkins against one Anton the plaintiff in the writ of error be mainpernors  where the say V Hawkins recover against Anton and upon two to know facias  against the mainpernors have judgement to recover against thern they bring  error and assign for error that there be not any capias ad to give  satisfaction award against the principal before these to know facias and it be  move by Snig that this writ of error la not by the Elizabeth c for it give not  error upon a judgement in a to know fqcias for the statute give a writ of  error to the party in the aciioi and not to the mainpernors but it be hold by  all the croak Elizabeth judge and baron except periam and Glanville that a  writ of error well eye for the mainpernors for this suit against they be a  suit within the intent of the Elizabeth c and be in nature of a action of debt  for as Littleton be a release of all action be a bar wherefore be certify upon  a it ofdiminution that a capias ad to give satisfaction have be before award  the judgm t be affirm
case COCKMAN against Farrer on a writ of error to reverse a fine the defendant  can plead that very fine and nonclaim in bar SC Jones SC raym SC skin Writ of  error to reverse a fine the defendant plead thereto that the fine be lawful  and five year pass and nonclaim argue not good for that it be the same with a  writ of error to reverse a attainder or outlawry and the very supposition of  the writ be that there be no lawful fine a a that a innkeeper have a right to  detain a horse leave with he till pay for his keep Robinson v Walter Bulst  York v grindstone salk Jones v pearl stram chapman v Allen cro car Linton v  cook bull n p and that demand and refusal of a person have a lie be not  evidence of conversion see hire v solebay Mod Harford v Jones salk and put v  Rawstern Mod skin v Upshaw ld ray accord see also roll Abr cro car burr bull n  p a the court be of opinion that if there have be a subsequent fine and five  year with nonclaim have pass it will have bar a writ of error to reverse the  precedent fine SC skin but that to plead the very fine endeavour to be reverse  in bar to the writ of error be contrary to the establish maxim non to be able  to lead to exception the same rei pron  interrog  peti disintegration SC raym  the error assign by the plaintiff be that the conusor after the conusance by  dedimus power and before the return of the writ of conusance die and for this  reason the fine be reverse SC Jones shower KB er p
case Cockram against welbe debt lie against a sheriff before the return of the  writ for money levy on a become facias SC Mod SC Freem SC Mod debt against the  defendant have be sheriff of the county of and levy money on a become facias  sue by the plaintiff on a judgement he have obtain against I S the defendant  plead the statute of limitation the plaintiff demurrer the question be if debt  lie against a sheriff for money levy on a become facias before the return of  the writ and hold that it do else a inconvenience will follow that the sheriff  shall take advantage of his own wrong videlicet not return the writ a and then  whether this action be within the statute of limitation and hold not for  though it be not a matter of record till the writ be return yet it be find  upon a record and have a strong relation to it
case Cockroft against smith bail in trespass post the defendant in a scuffle  bit off the forefinger of a attorney right hand and in trespass with a special  ac etian by a judge S warrant the question be whether the bail shall not  justify themselves to a sum suitable to the ac etian and per curian he be not  hold to that he be very poor
case Cockroft against smith plaintiff declare as clerk of the court c the  plaintiff declare as clerk of the court the defendant plead that he be a  attorney of the court without hoc that he be a clerk of the court the  plaintiff reply that he be a clerk of the court prout to stand open per record  ind residen in cur and pray the record may be inspect the defendant will  demurrer and not join in the issue whereupon the plaintiff sign his judgement  per curian the plaintiff be regular and make the replication the true way  without desire the record to be bring in and the defendant be force to pay  cost to have the judgement set aside
case Cockroft versus black see in re don l I Ch Lord chancellor king Eq can ab  pl a executor or administrator may retain out of the asset as well for a debt  due in trust for himself as for a debt due to himself the plaintiff be a bind  creditor for pound of the defendant testator and bring his bill to be pay out  of the personal asset of the say testator the cause be hear a account be  decree and the master to state any thing special that he think fit the master  report that the testator before marriage give a bind to I S a trustee for his  wife to leave her pound at his death if she survive he and that she survive  the testator peer William her husband claim to retain this pound out of the  asset which create a deficiency to pay the plaintiff his pound Obj the  defendant the executrix can retain this pound the bind be make to a trustee  and not to the executrix herself indeed she may give judgement to her trustee  I S on this bind but the executor right of retainer be where he can sue and  therefore for necessity shall retain so that here the debt be to be pay in  average as have be often decree by the master of the roll Lord chancellor it  be true in strictness of law the executrix in the present case peer William er  p can retain the bind not be make to herself but since she may pay what bind  she please first and as it will be a vain thing for her to pay the pound to  her own trustee with the one hand and take it back from he with the other  therefore this bind make to her trustee shall be the same in equity as if make  to herself accord it be rule that the executrix be entitle to this pound by  which mean but pound remain to the plaintiff Q for in hill versus Underwood  Trin term Lord chancellor seem not satisfy with this resolution loan v Casey  black Rep frank v Cooper Ves de Tastet v shaw b a Bowerbank v Monteiro taunt
case cockson against cock easter term James roll see Fleetwood v hull Q b d  covenant lie against a assignee on a covenant not to plough although assign be  not name in the deed for it run with the land but not on a collateral act as  to build de to make new c   cro Elizabeth dyer in marge roll Abr salk will  black Rep burr dougl Cowp covenant against the defendant as the assignee of  Dalton for that upon a indenture of demise Dalton covenant for himself his  executor and administrator to leave fifteen acre every year for pasture  without agriculture and that he grant his estate to the defendant and that the  defendant non to leave behind quindecim promontory ad pastur but such a day  and year plough up all and upon this count it be demurrer because the assignee  not be name it be not any covenant which shall bind the assignee for it be  collateral but all the court hold that this covenant be to be perform by the  assignee although he be not name because it be for the benefit of the estate  accord to the nature of the soil croak throw but to perform a collateral  covenant as to build de to make new or such like shall not bind he unless name  wherefore it be adjudge for the plaintiff
case coddrington versus web Nov Eq can ab pl S c bill for a new trial  plaintiff suggest that her mark to the bind be force by one web and all the  pretend witness to the bind be dead and that the verdict be recover by  surprise a new trial order bill for a new trial suggest the plaintiff mark to  the bind be forge by one web and by surprise defendant have recover against he  at law all the pretend witness to the bind be dead new trial order Tewkes case  Swinfields case cite that Nov entry of bill foe reverse a decree as have be  obtain by fraud and decree accord Reg lib a fol vide Barbone v burn ante vol
case coke against allen a warrant of attorney may be file at any time before  the defendant plead error in the court of king bench upon a judgement give in  the court of common plea modern report er p the error assign be for not fill a  warrant of attorney as require by the statute whether c for the amendment of  the law by which it be enact that the attorney for the plaintiff shall file  his warrant the same term in which he declare and the attorney for the  defendant in the same term in which he appear but this be overrule for if the  plaintiff attorney file the warrant at any time before the defendant have  plead it be sufficient to maintain the judgement though by the say statute be  may be fine if be do not file it in the term when be declare but the not fill  it in manner as aforesaid do not impeach the judgement
case coke against barrow assumpsit Cowper term Rep error for that Oe plaintiff  in assumpsit declare that whereas he be indebt to I S in forty shilling the  defendant in consideration he have deliver forty shilling to he do assume to  pay it and to discharge he against I S old woman allege that he have not  discharge he but suffer he to he sue for the forty shilling by h c executor of  I S but do not allege that I S be dead but the court hold it good enough for  the plaintiff have direct allege that he have not discharge he and the other  matter be but circumstance and the judgement be affirm croak Elizabeth trinity  term Elizabeth in the queen bench 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 coke against BRAINFORTH easter term Elizabeth roll if a defendant plead  foreign attachment the plaintiff may deny that he be indebt to he ante I roll  ab Lut Com dig will debt upon a obligation the defendant plead that the  plaintiff be indebt unto he el to go away to loosen and plead a foreign  attachment in London the plaintiff protestand qubd non hahetur tale record pro  plea to say that he pro to visit containing ten each summisper Self prcefalum  b prius debt is owed non to go away to loosen the say sum modus el form prout  whereupon the defendant demurrer and adjudge to be a good bar for the debt be  well traversable wherefore it be adjudge for the plaintiff
case coke against Hawkins prohibition SC Mod suit in court Christian for these  word she have a bastard speak of a single a see state trial hale hawk p c ch S  Bl command salk will burr Com dig stram will stram ld ray Bac Abr and the case  of Norris v tailor Cowp where in a action for a malicious prosecution the  court on a verdict for the defendant against evidence refuse a new trial  because the suit be of a criminal nature but in a information in the nature of  quo warranto the court will grant a new trial after a verdict for the  defendant for although in king v Bennet skin this be consider as a criminal  prosecution and therefore a new trial refuse yet of late year a quo warranto  information have be consider mere in the nature of a civil proceed king v  Francis term Rep shower KB er p woman motion for a prohibition on a suggestion  that the word be actionable at law cur doubt Adjornatur
case coke against Hawkins prohibition to the spiritual court on suit for  defamation not grant after sentence S c show motion for a prohibition to the  spiritual court for a suit for defamation and it be after sentence it be deny  because they have not plead to the jurisdiction of the court Qure
case coke and wilcocks at the chancellor house Lord chancellor notice may be  deny either in the plea or answer where a defendant plead himself a purchaser  for a valuable consideration the defendant plead that his father purchase the  land in question for a valuable consideration without notice of the plaintiff  title and it be argue for the plaintiff that this plea be not good because the  defendant deny notice in his plea and not in his answer which take away from  the plaintiff the liberty of exception Chan Cas so if fraud be charge in the  bill it must be deny in the answer and not in the plea vern Lord chancellor  notice may be deny either in the plea or answer and if the plaintiff reply to  the plea the defendant must verify it or if notice ought to be deny by the  answer and be not but in the plea the consequence will not be that the plea be  bad but that the answer be insufficient mosely report if a plea be to stand  for a answer without liberty to except the plaintiff may except to the rest of  the answer and this be so resolve by the house of lord in the case of packer  and stawel
case coke versus fountain eoden die in court master of the roll Eq can ab pl S  c deposition take in a former cause can be read in another cause against one  who do not claim under the party against who those deposition be take but if a  legatee bring a bill against the executor and prove asset another legatee  though no party may have the benefit of those deposition upon a motion the  defendant fountain counsel move that they may be at liberty to read deposition  in this cause which be take in a cause where the plaintiff father be a part  the suit be in all matter the same but on the other side it be object that the  now plaintiff not claim as heir and his father be only tenant for life those  deposition can not be read against he and after long debate the defendant have  only the common order for leave to read those deposition at the hear save just  exception this be upon cause show by defendant counsel against a order nisi  obtain on a former day on a motion by the plaintiff Reg lib a fol it be say by  Mr sergeant Phillips that it be a common case where one legatee have bring his  bill against a executor and prove asset and afterward another legatee bring  his bill that he shall have the benefit of the deposition in the former suit  though he be not party to it so where the question be the same and the defence  the same in two distinct cause between the same party deposition take in one  cause may be read in the other Nevil v Johnson post vol but where original and  crosscause Lord Hardwicke refuse to suffer the evidence in the crosscause to  be read touch the matter in issue in the original cause otherwise as to  deposition not relate to matter in the original cause Welford v Beaseley atk  but deposition in the crosscause allow to be read on account direct in the  original cause and that though crossbill dismiss Lubiere v genou ves et vide  Wyatt prac Reg see also Goodenough v always S S
case colbrook against forster easter term Elizabeth r quod solvitpendente  light be no plea to debt on bind without produce the specialty Ant   more debt  upon a obligation of the defendant plead that after the day of the writ  purchase videlicet such a day a put d he pay unto the plaintiff parcel thereof  which he receive judgement de brief e and a special demurrer be thereupon  because he show not any acquittance or release testify it and without argument  it be adjudge for the plaintiff a Cas tempt hard term Rep term Rep croak  Elizabeth er p
case colchester versus arnot vern S c lessee of a prebend make a under lease  and the lease be far spend and the lessee refuse to surrender in order to  enable he to renew though he offer security to make up the tenant lease again  the lessee bring his bill to compel a surrender but be dismiss there be no  agreement in the lease for that purpose lessee of a prebend make a under lease  and the lease be pretty far spend he request the tenant to surrender to enable  he to renew and offer to give any security to grant he a new lease for so many  year as he have to come in his old one but the tenant be obstinate and will  not unless his landlord comply with some demand of his upon which he bring  this bill to enforce he to compliance but my Lord keeper say though it be a  benefit to the plaintiff and no prejudice to the defendant yet there be no  agreement in the deed for that purpose he can do nothing in it and liken it to  bill of conformity and bill for enclose a common in which case if one will  stand out they can be decree
case colchester versus arnott october pre Ch S c lessee of a churchlease make  a underlease and will have the underlessee to surrender in order to enable he  to renew with the church there be no covenant in the tenant lease to surrender  the court can compel he to do it bill by the landlord to compel the defendant  his tenant at a rackrent to surrender his lease whereby to enable the  plaintiff to renew with the church the plaintiff offer by his bill as he have  before do as soon as the grand lease be renew to make a new lease to the  defendant for the term then to come and under the same rend c per cur there be  no covenant in the underlease to compel the tenant to surrender to enable the  plaintiff to renew court can compel he thereunto and dismiss the bill with  cost to be tax Reg lib a fol no case state afterward that Nov there be a entry  of a order for rehear on the that February then next Reg lib ub sup fol but no  further entry appear
case COLCHIN against COLCHIN the heir of a copyholder may surrender a  reversion descend to he before admittance and if it he to one for life  remainder in fee the admittance of tenant for life admit he in remainder ante  roll Abr   a cro James Bac Abr   light a in notorious facts pale yellow ten  term Rep trespass upon a special verdict the case be baron and feme copyholder  to they and the heir of the baron the baron die the heir in the life of the  feme before admittance surrender into the hand of two tenant who may take  surrender b custom and whether it be a good surrender be the question the  court without argument rule it to he ood and it be hold by Popham and Fenner  that if a surrender he to the use of one for life remainder in fee and the  tenant for life be admit that be a admittance for he in remainder
case COLETHIRST against wiseman capias be the first process in inferior court  cure by appearance error of a judgement in a action on the case in the  inferior court of hull the error assign be that a capias be the first process  and the case of Tuthil v Milton a be cite but per curian that case be not law  and so it have be often rule for it be but a misconveyance of process and be  help by appearance the judgement be affirm
case Colgate against bachelor Michaelmas term Elizabeth roll a bind condition  to pay Lif a use the trade of a haberdasher within a certain place and time be  void Owen   b more debt upon a obligation condition that if r bachelor son of  the defendant do at any time on this side or before the Feast of saint John  baptist which shall be in the year either as apprentice or servant or for  himself as master or otherwise use the trade of a haberdasher within the  county of ken the city of Canterbury or Rochester if then the within bind r  bachelor do upon request pay unto the plaintiff twenty pound that then the  obligation shall be void the defendant after oyer of the condition plead that  the obligation and condition be against the law whereupon it be demurrer in  law and after argument it be resolve by the court that this condition be  against law to prohibit or restrain any to use a lawful trade at any time or  at any place for as well as he may restrain he for one time or one place he  may restrain he for long time and must place which be against the benefit of  the commonwealth for be freeman it be free for they to exercise their trade in  any place and although it be allege that here he be not probibited or oblige  absolute that he shall not exercise the trade of hn haberdasher but that if he  exercise it he shall pay to the plaintiff and so it differ from the case Henry  pl b yet the court say it be hii one for he ought not to he abridge of his  trade and live wherefore it be adjudge for the defendant vide the case of  Mitchel and Reynolds I peer wms where the point of this croak Elizabeth er p  case be explain at large and all the case upon the subject collect see also  strange ld ray fort Lucas Bac Abr salk
case collet against marsh Trinity term Elizabeth roll non summons by the  sheriff in a proecipe quod reddal can be assign ed for error post more roll  Abr Goulds error upon a judgement in a prcecipe qubd To give back the error  assign be because a say vide Bac Abr innotis croak Elizabeth er p the  defendant be not summon at the churchdoor accord to the Elizabeth c and by  reason of his default a grand capias be award and judgement give against he  and he lose his land by default and in truth the sheriff return he summon at  the churchdoor it be thereupon demurrer whether he shall have this averment or  shall he put only to his action upon the case against the sheriff Qucere for  the court upon the motion doubt thereof et adjournatur a
case collet and marsh ante page case in a prceci eddat if the sheriff return  that the defendant be summon when pe quod r in fact he be not yet a grand case  must issue for it can be assign for error in the judgement by default ante  roll ab it be now move again and gawdy hold it to he erroneous and that it may  well he assign for error for against any thing do or return by the sheriff as  a officer there may he a averment as Elizabeth d ver a bisbo certify that he  offer the oath to a ecclesiastical person accord to the Elizabeth c a averment  may well lie against it that he do not offer it so if a bishop certify a  refusal of the payment of tithe yet a averment lie against it and the  Elizabeth be that the summons shall he make at the churchdoor and return so it  be in the copulative that the proclamation of the summons shall he make and  return and it be do sufficient to he return for then the statute be of little  purpose but all the other justice contra for at the commonlaw if the sheriff  return the party summon where he be not and thereupon a grand cape be award  there be not any remedy but a writ of deceit and not error for the justice  ought to credit the officer and it be not any error in they to award a grand  cape so here forasmuch as it be of record before they that the party be summon  accord to the statute they be bind to award a grand cape and no error I n they  this statute do not intend to give other remedy than be at the commonlaw for  the tenant and it be not reason that this award of a grand cape upon this  summons return and default record shall he say to he erroneous in the court  wherefore the judgement be affirm but Popham and Fenner conceive in this croak  Elizabeth case that the party may have a writ of deceit if the proclamation of  summons be not make accord to the statute for now he be not summon accord to  law but Clench and Crawdy contra because it be a good summons by the summoner  upon the land wherefore c
case collier case a pension claim by the ordinary as judge or commence by his  grant may he sue for in that spiritual court post Inst cro James show vent  side salk godb lev prohibition by collier vicar of Bromble to stay a suit in  the spiritual court the case be the church of Bromble in the time of Henry the  three be appropriate by the bishop of Sarum and the vicar be then endow upon  the endowment the bishop make a ordinance by these word to cause to stand et  to order that the vicar shall pay annual de produce vicarice to the precentor  in the church of Sarum to the use of the vicar choral within the same church  for this pension a suit be depend in the spiritual court and a prohibition  thereupon bring consultation be now pray because it be a mere pension suable  in the spiritual court ill Henry Fitzherbert n Br croak Elizabeth er p  Tanfield contra it be a annuity and annuity lie proper for it in the king  court and in proof thereof be cite Edward jurisdiction that annuity lie for a  pension by prescription and that the statute of circumspect to put in motion  prohibition be but a ordinance as there it be say so Edward pl of a annuity  grant for composition for tithe and Edward annuity a writ of annuity be bring  for such a pension as we S wherefore c but all the court resolve that the suit  be well bring in the spiritual Court Popham and Fenner say that there will he  a difference where the ordinary ordain such a payment as judge there the suit  shall he in court Christian and where the patron and ordinary make a grant in  the time of the vacation for there they charge as a interest Ana gawdy say  that for such a pension suit may he either in this or the spiritual court and  that it be not deny by Edward and so be f n b whereupon consultation be grant  a
case collins against Benning refer to in re George Ch d the statute of  limitation can be plead to indebitatus assumpsit to pay on demand S c salk in  a indebitatus assumpsit the plaintiff declare on a promise to pay on demand  and non assumpsit infra sex aged plead to which the plaintiff demurrer because  declare on a promise on demand he think nothing be due till demand and he  shall have plead non assumpsit infra sex aged after demand or that no demand  be within six year per curian if the promise be for a collateral thing which  will create no debt till demand it may be so a but here it be a indebitatus  assumpsit which show a debt at the time of the promise therefore the plea be  good jud nisi for the defendant
case collins against cancke Trinity term James roll queen if a husband can  discontinue his wife copyhold   cro car more Leon Com dig Bl Rep upon a  special verdict it appear that a husband be seize in right of his wife of  copyhold land and surrender the question be whether it be discontinuance  Walmsley hold it be notwithstanding the case in   a and notwithstanding croak  James er p a case croak throw cite to be adjudge Hilary James roll in the king  bench that such a surrender by tenant in tail make not any discontinuance No  judgement be give here but they plead de to make new see Henry c and more Poph
case collins against DELAFOUNTAIN declaration on a bail bind holt chief  justice say that upon a action by a assignee of a sheriff bind it be enough to  set forth that the bind be pro to be evident of the defendant and there be no  need of set out the matter at large modern report er p
case collins against will and his wife a assumpsit will not lie upon a promise  make by a daughter to her father to return part of the portion he shall give  with her in marriage say vide more owe roll ab Com dig assumpsit and declare  that whereas the defendant will be a suitor to the other defendant his now  wife and the plaintiff daughter and the plaintiff offer to give with her in  marriage and will give no more and will the other defendant require l and  without that will not marry and the feme before marriage in consideration that  the plaintiff will give the other l at her request to make the l l assume and  promise to repay it within a month after she shall he require and allege in  facto that he thereupon give l to the defendant will in marriage c and allege  request after marriage c the defendant plead non assumpsit and find against he  and judgement enter accord without privity of the court and it be now allege  that this be a insufficient and unlawful consideration to ground this action  and make only in deceit of the defendant who be her husband and of that  opinion be the whole court for as well as she may promise the repayment of l  she may promise the repayment of all or more so as her husband shall he  defraud of all and that which be give in marriage can be a consideration to  ground a promise especial to charge the baron with that promise wherefore in  regard the judgement be enter this term and the record be yet in their breast  it be adjudge that it shall be alter and make quod to express grief nothing  capias per billam and a supersedeas be award to stay execution croak Elizabeth  er p
case collins versus Goodall eoden die Eq can ab pl S c statute of limitation  as to rend extend only to customary rend between lord and tenant and not to  rend arise by grant or a will whereof the commencement may be show bill to be  relieve touch a rend charge upon land by a will the defendant plead the  statute of limitation and that there have be no demand or payment in forty  year Vernon chancery case per cur the case in cook report on the statute of h  concern only customary rend between lord and tenant and not to any rend that  commence by grant or whereof the commencement may be show there be a entry of  a cause of Collins v Goodall all in the register book that July by which it  appear that a demurrer have be put in but that the defendant be order to  answer and the benefit of the demurrer save to the hear but no case state Reg  lib a fol vide on this subject Jones v pope sand Rep arg freeman and stacies  case hutton Rep
case collins versus Metcalfe eoden die in court Lord chancellor Eq can ab pl S  c devise of a portion to a child with interest but not to be pay to the child  till child die under portion shall go to the administrator of the child a  portion devise to a child with interest but not to be pay or Payable until the  child attain twentyone year or be marry the child die under twentyone and  unmarried decree the portion to the administrator vide distinction between  portion to arise out of land and from personal estate lady poulet v Lord  poulet ante p and case there cite
case COLMER against clark a bind restrain the obligor from carry on his trade  in a particular place and for a limit time be good Writ of error on a  judgement in the common plea for the plaintiff there on demurrer to the  declaration which set forth that in consideration the plaintiff who be a  tallyman will take the defendant into his family and instruct he in the trade  with a provision of meat c and a allowance of twenty pound wage ayear the  defendant promise to serve he for five year and not to exercise the trade  himself for seven year after that time within the city and liberty of  Westminster and bill of mortality which agreement be by article under hand and  seal the breach assign be the exercise of the trade within c the court of  common plea hold the agreement good and agreeable to the rule of law the  restraint from the exercise of trade be confine to a particular district and  find on a valuable consideration nobody appear in the king bench for the  plaintiff in error the judgement be affirm the case cite for the defendant in  error by Mr Bicknell be the case of Cheeseman v Nameby cheesman v Rainby fort  SC stram a about eight year ago where this point be solemnly determine in the  common plea which judgement be affirm on a writ of error in the king bench and  afterward in the house of peer and the case of Mitchell v Reynolds in Lord  Parker time on the same point Mod fort Peer wms b
case COLOMES case to accuse another of be forswear and have take a false oath  judicial be actionable ante cro Elizabeth Com dig action for these word Arthur  colome be a forswear man and have take a false oath in his deposition at Tiver  tun where he wage his law against me  Being move in arrest of judgement that  the action lie not it be adjudge for the plaintiff croak James er p
case colonel layton case one in execution for a fine not bailable S c ante S c  post colonel Layton be bring up by habeas corpus holt chief justice order  precedent to be search whether a person in execution for a fine can be bail  have bring a writ of error and assign error see cro car side or keb after  precedent search holt chief justice say he find the case not put fair in case  of execution and say bail in execution be always refuse and of this opinion be  the whole court now and remand he a see keb a difference between bail to  reverse a outlawry and to reverse a judgement because in the first case he be  liable for that be in order to bring the cause to a trial and the latter be to  defeat the whole record note to former edition a
case colson versus colson mich Geo in b r S c stram this be a case send out of  the court of chancery for the opinion of the court of king bench on these word  I give and devise my land at c to Robert colson my grandson for his life  remainder to a and b and their heir to support contingent remainder during the  life of Robert colson remainder to the heir of the body of atkins er p Robert  colson atkins lawful beget and the question be whether Robert colson have a  estate for life or in tail Reg lib a fol Mr hollings argue that he have a  estatetail for that it be a rule in law wherever the ancestor take a estate  for life with word of limitation to his heir or the heir of his body they  shall not take by purchase but by descent and that the testator intention will  not control the operation of a rule of law king versus mell Ventris lev  Blackburn versus ewer p W roll Abr Trevor versus Trevor Abr Cas Eq Lutw Carth  Lord glenorchy versus bosvile Cas in Eq in Lord Talbot time salk there be  trustee to support contingency make no difference as appear from Papillon  versus voice p W which to this question be full in point there be no trustee  Mr Bootle on the other side argue that the testator intent be to give a estate  for life to the grandson by place trustee to take advantage of the forfeiture  which can only be in case he be tenant for life dly the intention of the  testator be the chief rule in the construction of will for which he cite  Papillon and Bois Eq Cas Abr and that the word heir be a word of purchase  Carth Pybus versus MiIford vent
case Colston against harris a award which give a benefit to one party without  any correlative advantage to the other be void   a lev side Mod Mod Mod Mod l  ray p will bar assumpsit whereas suit be depend betwixt the plaintiff and  defendant in the spiritual court for tithe and they have put themselves in  award to I S concern the premise and in consideration of sixpence give the one  to the other the one assume to the other to stand to the award of I S or to  pay l and allege that I S award that the defendant shall pay to the plaintiff  for the tithe S at such a day and that he have not pay it per quod action to  grow progressively after non assumpsit plead and find for the plaintiff it be  move that this arbitrament be void because it be award that the defendant  shall pay S and there be not any thing award for he to have or to he free from  suit so as he have not any advantage thereby and of this opinion be the whole  court and that the arbitrament be void the assumpsit shall not bind he to  perform it wherefore it be adiudzed for the defendant
case colt against how Trinity term Elizabeth roll covenant that he his  executor and assign will repair a assignment of the breach must allege that  neither he nor his executor nor his assign do repair Mod vent Mod salk strange  ld raym Mod wood con covenant for that the defendant by indenture do covenant  that he and his executor and assignee will repair a mill let to the defendant  and allege that the mill be defective in reparation and the defendant his  executor and assignee do not repair it and it be demurrer upon the declaration  because he do not allege that he nor his executor or assignee do not repair it  for if any of they do repair it the action do not lie and it ought to be  allege in the disjunctive not in the conjunctive and of that opinion be the  court that the breach be not well assign and though this fault be not assign  by the demurrer yet he shall take advantage of it but upon the motion of the  court the defendant waive his demurrer and the plaintiff amend his plea and  the defendant plead to issue
case colt against swift conviction of manslaughter be a good bar to a appeal  if the indictment be good and the plea be well plead in a appeal of murder by  colt against swift for the death of his brother a conviction of manslaughter  and clergy allow be plead in bar and allow to be good but it be also agree  that if the indictment on which the conviction be be vicious or if this plea  be ill plead the defendant must plead to issue and therefore it be except to  the indictment that the latitude of the will be not set forth vide   but non  allocatur for the depth of the will and the place where it be be ascertain and  the reason why such curiousness be requisite be that it may appear to be the  same in identity and that it be mortal and both these end be answer by the  description of the will as it be in the indictment another exception be that  the indictment set forth that two other be present and abet but do not say in  what county they be say non allocatur for however that may be as to the  abettor yet it can not be a exception for he who be charge as principal for it  be lie where he be and here per holt chief justice first the benefit of the  clergy and burn in the hand be no judgement second if a man be convict of  manslaughter and no judgement of death give auterfoits convict will not be a  good bar of a appeal but conviction and benefit of clergy be three if one be  convict of manslaughter upon a appeal the king may pardon the burn in the hand  which show it be modern report no judgement for then can not the king pardon  it and the statute of Henry the seven have take away the judgement of deliver  over to the clergy but order a mark to be put on the party
case columbel against columbel if a submission to arbitration provide that the  award be in write under hand and seal the plead such award under seal only be  bad the plaintiff bring a action of debt upon a bind of five hundred pound the  defendant demand oyer of the bind and condition which be to observe a award of  a b arbitrator indifferent choose to determine all manner of controversy  quarrel and demand concern the title of certain land so as the say award be  make and put into write under the hand and seal of the arbitrator c and then  be plead that the arbitrator make no award the plaintiff reply a award by  which such thing be to be do and set it forth in haec word under the seal of  the arbitrator the defendant rejoin that the arbitrator make no award under  his hand and seal accord to the condition of the bind the plaintiff demurrer  for that the defendant ought to plead the award under the hand as well as the  seal of the arbitrator modern for when he produce it in court as he do by a  profert hic in curian he must plead it formal as well as produce it and  judgement be give for the plaintiff
case colvile against parker a conveyance shall not be fraudulent if it be make  upon good consideration though it be conceal and secret make post vent side  Com dig Prec in Ch Chan Cas amblers report Bl Rep Cowp dougl information upon  the statute of Elizabeth c of fraudulent conveyance upon evidence to the jury  Tanfield cite it to be adjudge in one woodies case where one after marriage  voluntary assign a lease of year quasi in jointure for his wife and take the  profit and afterward sell it to one who have not any notice of this conveyance  that it be within the statute although at first it be not make upon trust to  be revoke nor any clause of revocation therein because it be a voluntary  conveyance at first and shall be intend fraudulent at the beginning but if at  the time of the marriage or afterward by reason of a portion give by his wife  friend ill recompense thereof and for a provision for the maintenance of his  wife he have make croak James er p a assignment of such a lease to his wife  friend and have afterward take the profit thereof as in reason he ought during  his life and then have sell that term yet it have not be within the statute
case comb against carew and day Trinity term Elizabeth roll two issue may he  try upon one venire and the jury may assess damage and cost heyond the um lie  but if the Christian name of a juror he mistake it be fatal ante Bac Abr  trespass of battery one of the defendant plead not guilty the other  justified The issue against he be de son tort demesne and one v venire facias  be award to try these issue it be find for the plaintiff and judgement accord  and error thereof bring the first error assign be because one v enirefacias be  award to try these two issue say non allocatur for it be usual c second  because the plaintiff declare to his damage of and the damage assess by the  jury be and the cost increase by the court be so the plaintiff have judgement  to recover which be more than whereof he declare say non allocatur for the  damage find by the jury be less than he count although the cost amount to more  it be not material a three because a juror be return in the v venire facias  and distringa John Westcot and in the nomina a swearer who be swear at the  nisi prius he be name Philip Westcot so another person then be return upon the  v enirefacias and this error be assign over as far as and it be hold to be a  manifest error and that it be not examinable whether he be one and the same  person or not there be a misprision in the Christian name b wherefore it be  reverse
case comb against the hundred OF Bradley a servant rob of his master money may  sue on the statute of hue and cry and can release S c comb S c holt S c Mod S  c salk action upon the statute of hue and cry by a servant who be rob of his  master money levinz argue that he shall not for by that mean he may prejudice  his master by release the action and take a difference between a servant and a  common carrier and a sheriff for the two last have a special property and may  have trover but per curium he shall not release and brown be a full authority
case comb versus dowell and squire versus dowell Lord keeper Nov Eq can ab pl  S c upon a issue at law whether a deed to lead the use of a fine levy by a man  and his wife be duly execute by they the deed have be enrol for safe custody  and afterward lose a copy of the enrolment be allow at the trial to be give in  evidence a deed make by Robert Spencer and Elizabeth his wife to declare the  use of a fine levy by they of the wife inheritance be lose but have be enrol  for safe custody upon the first hear of these cause it be object that the  conveyance Vernon chancery case er p be not a bargain and sale and so do not  operate by the enrolment and that therefore the copy of the enrolment not to  be allow as evidence and the court seem to be of that opinion but a issue at  law be direct to try whether the deed to lead the use of the fine be duly  execute by Mr Spencer and his wife the Lord chief justice allow the copy of  the enrolment to be give in evidence and a scrivener also who draw the deed be  examine a verdict pass for the plaintiff that the deed be duly execute a  verdict at law be state to have pass for the plaintiff on a issue direct in  this cause but the point above mention do not appear in the register book Reg  lib a fol vide ante p SC smartle v William salk
case come Ranelagh versus THORNEHILL novembris in court Lord keeper Eq can ab  c pl Ch can S c a bill may be bring for solicitor fee only if for business do  in this court and so it may where the business be do in another court if it  relate to another demand make by plaintiff in this court in a bill of review  it be assign for error that the defendant who be a solicitor have a decree for  his fee for which he ought to sue at law say non allocatur a man may have a  bill for solicitor fee only if for business do in this court and so be may  where the business be do in another court if it relate to another demand the  plaintiff make in this court vide stat Geo two cap sect Parry v Owen Amb  Barker v dacie Ves where the practice of the court in this particular and the  case be full consider
case come to against Popham Trinity term Elizabeth roll a plea in abatement  for a wrong addition must traverse the addition it deny Henry pl Stran ld Ra  to Rep trespass of battery wherein he declare against the defendant recently  de c in county S chandler the defendant plead in abatement of the writ that he  the a see Cowp a lev Mod salk strange Com dig and the case there cite croak  Elizabeth er p day of the writ purchase be a gentleman c el hoe c and it be  thereupon demurrer and hold by all the court that the plea be ill because he  do not traverse that he be a chandler for if a gentleman will occupy any trade  he may he call and write by the name of his trade and not gentleman wherefore  it be adjudge for the plaintiff easter 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 comer versus Holinshed and all in court Lord chancellor eoden die the  master allow a security which prove defective master be not liable otherwise  if the master have by bribery or corruption allow the security by a decree of  this court money be to be put out at interest on a security to be allow by sir  Samuel clerk one of the master of this court for the benefit of husband and  wife and their issue the master allow of a security that afterward prove  defective and the plaintiff by his bill among other thing endeavour to charge  the executor of sir Samuel clerk to make good the defect of this security per  cur the master will have uneasy place of it if they be to answer for all  defective security nor be that so much their business but it concern each side  to have counsel to peruse the title as it appear there be in this case the  master principal be to take care that the limitation and use be draw accord to  the direction of the court and unless there have be either bribery or  corruption it be not reasonable to charge a master for allow a defective  security and therefore dismiss the bill as against he Reg lib a fol but this  matter be not mention the money of the suitor be now lie out in the fund in  pursuance of stat Geo I c vide Oldfield v Oldfield ante Vol
case company of pewterer versus governor of Christ hospital eoden die a devise  to a man and the heir of his body and if he shall go about to alien his estate  shall cease and the land go over to a charity the devise over be void it tend  to create a perpetuity a man devise land to one and the heir of his body but  if he shall go about to alien that then his estate shall cease and from and  after the determination of his estate then he devise the land to Christ  hospital Vernon chancery case the question be if the limitation to Christ  hospital be good it be admit that this restraint of alienation tend to a  perpetuity and be therefore void but the fact be that the estate tail be spend  by effluxion and the donee be now dead without issue the charity ought to take  place and the limitation be good but the Lord keeper decree against the  charity and say that this be a invention take up about the time that this will  be make to create a perpetuity think that by limit a estate over to a charity  the law will be so careful to preserve the charity that it will allow of such  a limitation and admit that advantage may be take of a forfeiture in the case  of a charity which it will not do in the case of a private person and the  intention of the testator plain appear to be to create a perpetuity the  limitation be adjudge void vide on the doctrine of perpetuity Woodford v  Thelluson Ves S c on appeal Ves and Mr hargrave argument in that case in which  the case and principle on that bead of learning be full state and investigate
case company versus grave march the act of parliament relate to the new river  water company ought to have a liberal construction so as the town in general  may be serve with water bill to be quiet in their enjoyment of pipe lie  through a field call long field first lie there by consent of the tenant who  have a long term for year upon satisfaction make to he for the damage and the  lease be now expire and the field late purchase by the defendant grave he  pluck up the pipe for the defendant it be insist first that by the act of  parliament the company have only a power to bring the water in a trench ten  foot wide of brick or stone and not to lie pipe Vernon chancery case second  they have liberty give by the act only to serve the city with water and not  any part adjacent and those pipe be use to serve hackney Shoreditch and  Whitechapel the act give power to the city of London to dig up such ground as  shall be convenient for place cistern or wooden pipe for convey or distribute  the say new river to the inhabitant of London and the parish within the bill  of mortality vide statute James saint cap James saint cap per cur the act be  to be take in a liberal sense that the town in general may be serve with water  without regard to its be within or without the liberty of the city and  although a trunk or trench of ten foot wide be mention in the act of  parliament yet the intent of the act be to give power in another solon not  exceed ten foot wide and agreeable thereunto be the decree make by the Lord  summer between the new river company and Henley where although the act of  parliament mention the serve the north part of the town with water there it go  southward and southwest to serve Westminster and Chelsea c and yet hold to be  within the benefit of the act and therefore decree a commission to issue to  ascertain the damage the defendant sustain and the plaintiff to be quiet in  the possession of their pipe Reg lib a fol
case compton and his wife against Ireland Michaelmas term car roll to a  scirefacias by executor on a judgement by testator the defendant can plead a  caption on a she sa and that be pay the debt to the gaoler for a discharge on  such a payment be a escape l roll Abr cro pract Reg cro Elizabeth l Jones Mod  Mod Mod ld raym Peer wms to know facias by the plaintiff as executor to have  execution of a judgement obtain by their testator unde execution adhu it  remains to faciend the defendant confess the judgement but say that a capias  ad to give satisfaction issue against he upon which he be take and be in the  custody of the warden of the fleet and that he pay the sum mention in the  condemnation to the warden of the fleet who suffer he to go at large the  plaintiff demurrer the court hold this to be no plea but that it be a  voluntary escape in the warden and judgement be give for the plaintiff modern  er p
case CONESBIE against ruski if the husband of a lady of manor grant a escheat  copyhold the wife after his death may grant it by copy Gil ten roll Douglas  Bac Abr Cowp   it be hold by Popham and Fenner u on evidence that where the  baron be seize of a manor in right of his feme and let a copyhold parcel  thereof for year by indenture and die that it shall not destroy the custom as  to the feme but that after the death of her baron she may demise it by copy as  before the same law be if tenant for life of a manor let we a copyhold par el  of the manor for year and die it shall not destroy the custom as to he in  reversion
case coniers against the MANUCAPTORS OF Rawlins bail can plead payment before  the return of the second to know facias for the recognizance be break before  sue the first to know facias postea mich will the king v more mich will the  king v love in what case de debt is owed may be reject to know facias against  bail they come in and plead that before the return of the second to know  facias the defendant in the original action pay the money to which the  plaintiff reply and instead of the defendant conclude to the country a issue  be tender conclude with a hoc a preparation be verify whereupon the plaintiff  demurrer per curian bail may plead payment by the principal but it must be in  a right manner which be not do in this case because the recognizance be break  before the sue the first to know facias and therefore plead payment before the  return of the second have not the colour of a good plea whereupon shower urge  that the plaintiff can not have judgement because he pray execution de debt is  owed et financial loss whereas it shall have be de financial loss only for the  recognizance in the king bench be not in a sum certain there can be no debt  create in the bail thereby per curian we will reject de debt is owed as  surplusage wherefore let the plaintiff have judgement after which the  defendant bring a writ of error returnable in the exchequerchamber but on  motion the plaintiff have leave to take out execution for no writ of error lie  on a to know facias against bail there aid
case coniers sheriff OF durham case debt will lie for a escape although the  warrant be erroneous if it continue unreversed ante a cro James more Leon ld  Rakm stram Bac Abr see will c debt upon a escape the case be that upon a  recODusance in chancery the conusee sue execution by a capias ad to give  satisfaction by force whereof the conusor be take and escape and debt bring  thereupon savel move that a capias lie not in this case and there the sheriff  place for seal or signature not Chargeable wherefore c the court hold that the  capias ad satisfaciendurA be erroneous award yet the party be take by force  thereof it be a good execution for the party as long as it continue unreversed  and the sheriff be Chargeable for the escape wherefore it be adjudge accord
case Coningham versus Mellish refer to hill v bishop of London atk clarke v  Hilton l r Eq October Ch case Eq Abr pl S c S p case tempt Talb viner I atk  atk e contra vern post and marginal reference devise of land to his cousin a  and his heir in trust to be sell for payment of his debt and legacy and make a  executor the surplus after debt and legacy no result trust for the heir as it  will have be on a like case on a conveyance execute J S by will devise thus I  give and bequeathe unto my cousin Thomas Mellish all that my message call the  star in Chichester to have and to hold to he his heir and assign for ever in  trust to be sell for the payment of all my debt and legacy within a year after  my death and make Thomas Mellish his executor the plaintiff precedent in  chancery er p be cousin and heir to the devisor and seek by this bill to make  the surplus after debt pay a trust for he Rawlinson and Hutchins be only in  court the latter hold clear it be no result trust the former doubt afterward  Friday the that instant the case be again debate the argument to make it a  result trust be that upon a conveyance execute it will have be so and there  can be no reason why be by will shall alter the case the argument against it  be that this plain the testator have a regard and kindness for Thomas Mellish  his cousin as he call he in his will who be as near of kin to he as the  plaintiff that be his heir but if the surplus of the land shall be construe to  result to the heir the consequence will be that Thomas Mellish the executor  shall have nothing but his labour for his pain for if there be a result trust  for the heir the personal estate must by the rule of this court be precedent  in chancery in the first place apply towards payment of the debt in ease of  the land and so Thomas Mellish will not have any thing either as executor or  devisee wherefore the say two commissioner hold it no result trust but decree  the heir to join in sale of the land
case cook against BATTHURST execution by elegit may be take out on a old  judgement without a to know facias upon a judgement above a year stand you may  have a elegit without a to know facias but not a become facias for that on the  elegit they enter their continuances all along from the judgement and so be it  rule in this case upon Mr Livesays report and Mr sander motion
case cook against Bosinger trover lie for a bind and a warrant describe as the  good and chattel of the plaintiff trover the plaintiff declare that he be  possess de good et catallis sequen ut de good et catallis nest not common with  others videlicet de to make one scribe obligatorio et One warrant c the  defendant plead in abatement that the bind and warrant be not chattel upon a  demurrer to this plea it be say that neither the bind or the value thereof can  be demand by such name as good et catalla because as the opinion be in  Yelverton channel v Rowbotham Yelv e a bind will not pass by such general name  modern in detinue the thing itself must be special name because it be to be  recover in specie the same reason may govern this case but it be answer that  by a gift of all his good and chattel a bind will pass and this be the opinion  of Fitzherbert in DyerDyer b f and to his opinion the court now incline
case cook against douze a promise in consideration of forbearance per little  time be good say vide post Leon side cro James Com dig error of a judgement in  Winton where the plaintiff declare that he lend to one Wheeler twenty pound at  the defendant request and that the defendant in con a say vide cro James croak  car er p sideration the plaintiff will rest content and forbear the say money  per little time promise upon request he will pay and allege in fact that he  forbear per little time and require payment and the defendant have not yet pay  although be require payment at such a day after non assumpsit plead and  verdict and judgement give for the plaintiff it be assign for error that to  forbear per little croak car time be not any consideration because there be  not any certainty therein foster say there be diverse precedent that it have  be adjudge to be ill but all the justice absent Richardson hold that it be  well enough for when the money be lend to Wheeler and long forbear and the  plaintiff upon the defendant request agree for a long time and to accept of  the payment from he when he shall be require and allege in fact that be  forbear till the day of his action and that he request c it be sufficient  whereupon rule be give that judgement shall be affirm
case cook against LANEDAY on a information for usury if the verdict find the  corrupt agreement but say nothing as to the loan it be bad post roll ab cro  car Leon Jones Poph cro Elizabeth   burr to Rep if a verdict be imperfect a  venire facias de to make new must issue error of a judgement in the exchequer  in a information upon the statute of usury the jury find upon not guilty plead  quod quoad corrupted parts agreeamentum in information predict specificat the  defendant be guilty and that he take the profit of such land let to he for  performance of that corrupt agreement to the value of sixty pound but it be  not find that he lend the hundred pound prout the information and for this  cause it be resolve in the exchequer that the verdict be void and shall not be  take by intendment that it be lend otherwise he may not take the profit  wherefore a venire facias de to make new be award and the jury appear after  evidence the plaintiff be nonsuit and judgement give accord and forty pound  cost to the defendant whereupon error be bring the first error assign be that  the verdict be well enough and so there ought not to have be a new trial but  the court hold clear the trial be ill and imperfect for the reason aforesaid a  second error that in regard the verdict be but imperfect he ought not to have  have a venire facias de to make new but a distringa jurator de to make new to  make their verdict perfect but coke and Fleming chief justice hold clear that  the jury have once give their verdict although it be imperfect shall never be  swear croak throw again upon the same issue unless it be in case of assize  when the party be to recover by view of the juror wherefore the judgement be  affirm vide Henry pl Edward office de court Marioa bro inquest
case cook against parson deposition in chancery not good evidence to destroy  the validity of a will at a trial at nisi prius in London the case be this it  be say at the conclusion of a will sign seal and deliver by such a one  testator and then subscribe by three witness it appear by deposition in a  chancery cause whereof the bill and answer be lose that they subscribe the  will in the presence of the testator but at three several time a see S c Prec  Chan Eq Abr Eq Abr a the verdict be for the plaintiff but a case of two point  be agree upon for further argument first whether the bill and answer be lose  the deposition can be admit as evidence Parker chief justice who try the cause  be of opinion that the deposition sign by the witness though the bill and  answer be lose may be allow as evidence to supply any point where the will be  silent but not to contradict the will the second point be whether the sign of  three witness but at three several time be a good execution of the will within  the statute of fraud and perjury b it have be determine that the witness may  subscribe the will at different time but they must see the testator sign or  hear he acknowledge his signature and the subscribe must be in his presence  Freem Prec Chan Chan case see also Longford v Eyre Peer wms Carleton v griffin  burr right v price dougl casson v dade bro Cas Ch Ellis v smith f Vezeys Rep b  modern report hilary 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 cook versus cook eoden die Lord chancellor Eq can ab pl vern S c upon a  bill for a specific performance of a covenant with a for the benefit of b a  must be a party roll and Yate fol upon a bill for a specific performance of a  covenant under hand and seal with a for the benefit of b a must be party to  the suit but if it have be only a promise either a or b may have bring the  action accord to the case in yelverton report wood v William mad cope v Parry  I W and see head v Teynham Cox
case cook versus gwyn and wight and other the second seal Michaelmas term the  court will not determine matter in a summary way upon motion that have be  reserve between party till after the master have make his report the bill be  bring against the defendant Gwyn for a foreclosure and against the defendant  wight for a discovery of his encumbrance on the mortgage premise and for  delivery of a moiety of the estate in possession of the defendant wight to the  plaintiff Mr wight by his answer insist on a prior encumbrance upon gwyn  estate and claim to be tenant by the courtesy of the whole estate and that his  son have the fee under a old settlement at the hear of the cause Lord  chancellor decree that Gwyn shall redeem or stand foreclose and that the  consideration of the matter in question between the plaintiff and the atkins  defendant wight shall be reserve till after the master make his report in  relation to Gwyn the master report the defendant Gwyn have not redeem the  plaintiff by the time limit and that report be confirm the plaintiff instead  of set down the cause upon the equity refer between he and the defendant wight  apply now by motion for the delivery of the possession of the moiety in  mortgage in he Lord chancellor the court where they have at the hear of a  cause reserve any of the matter in question between the party till after the  master have make his report will not determine those matter in a summary way  upon motion but the plaintiff shall have set it down in the ordinary course  upon the equity reserve if the plaintiff have indeed move for a receiver and  have lie a proper case before the court for that purpose I will have grant the  motion notwithstanding the reservation under the decree because this will have  be a mere provisional order and will not have affect the question between the  party
case cook versus sadler Julii Eq can ab pl S c a mortgage land to b and after  mortgage the same land to c b the first mortgagee foreclose c and afterward  devise the premise to the mortgagor whether c may now in equity set aside the  first mortgage there be a first and second mortgage make of the same estate  the first mortgagee bring a bill against the second to compel he to redeem or  to be foreclose and foreclose he accord it so happen that the first mortgagee  by his will devise the premise to the mortgagor and thereupon the second  mortgagee bring a new bill to set aside the first mortgage and to be let into  a satisfaction of his money the defendant plead the former suit and decree of  foreclosure if a mortgagee have a decree of foreclosure though that decree be  sign and enrol yet if he afterward bring a action of debt on bind give at the  same time for payment of the money and performance of the covenant in the sit  mortgage deed such action open again the foreclosure and let we in the equity  of redemption of the mortgagor Dashwood v Blythway Eq can ab pl but it seem  that mortgagee may bold mortgagor to bail on the mortgage bind pen a suit for  foreclosure notwithstanding he have recover possession by ejectment on the  ground that be may pursue all his remedy at once Burnell v Martin Doug Rep per  cur answer the bill something like the case of Bovey and smith Vol case where  a purchaser that have notice sell to one that have no notice of the trust and  afterward repurchases the trust shall revive in his hand Reg lib a the case be  not state but the order make on argue the pea be that the defendant shall  answer the whole bill that the word demurrer shall be strike out and the  benefit of the plea be save to the hear Vernon chancery case er p
case Cooksey against BOVERIE the holder of a banker draft can recover against  the drawer on nonpayment by the banker if he give the banker credit for it or  neglect to demand payment in due time Indebitatus assumpsit for ware sell the  case be that the plaintiff come for his money give a receipt in the defendant  book he say that at the exchange he shall have his money or a note from the  defendant banker the temple accord Boveries man get a note from the temple and  on the exchange deliver it to the plaintiff who shower KB go to the temple  with this note and they have a bill on the plaintiff for a small sum that bill  be deliver up and so much money endorse on the back of the bill as pay  Pemberton chief justice hold that in this case the merchant be not Chargeable  the plaintiff have accept the banker for his debtor by discount so much money  and the plaintiff in this case be likewise nonsuit I be of counsel with the  plaintiff note in both these case it be prove that the plaintiff may have have  their money of the banker although real they never receive the whole the  temple break about one oclock on shrovetuesday shower KB er p
case cool against glover record alter on death of the chief justice action  upon the case for a escape permit of the Lord purbeck alias villers it be try  before Raymond and Wythens justice at Westminster sander chief justice be sick  and afterward die this same term the shower KB er p record be alter and make  nisi prius Raymond et Wythens to come and seal anew shower KB the evidence in  this cause be that Lord purbeck such a day be in execution at the plaintiff  suit do on the ten of February escape and be abroad at the playhouse and at  Kensington and it happen that that day be in term time and there be a dayrule  for his come abroad and that he return at night as usual it be hold by those  two judge that this be a escape for the dayrule be only quod maresc ducat ad  barram and though now they go about town any where yet the end of it original  be only for their come to Westminster about their proper business and not to  go any where then by favour it be allow they may go to any inn of court or  chancery to speak with counsel and attorney about their concern and suit but  the let they go abroad for their pleasure under colour of this day rule will  he a escape however upon the credibility of the witness it be leave to the  jury whether Lord purbeck be at Kensington that day and the jury find for the  defendant consider the hardship on the defendant glover of l debt whereas  purbeck be that night and yet in custody and the principal witness videlicet  the hackney coachman who pretend that he carry Lord purbeck to Kensington have  be keep up close in the Savoy by cool for five day to make a witness of he  verdict for the defendant glover with who I be of counsel
case coombs against Talbot Michaelmas term will mary roll to debt for rend a  plea of nil debet as to part and nothing in property as to part be double and  repugnant S c salk S c holt debt for rend upon a demise of a house and land at  the rend of nine pound a year the action be bring for two year in arrear the  defendant plead as to the nine pound part thereof nil debet and as to the  other nine pound he confess the demise as lie in the declaration reddendo  annuatin nine pound for a piece of land call Chalwell and forty shilling for  other land and seven shilling for another parcel c and quoad forty shilling  part thereof nil debet and as to the rest nil to have in property and upon a  demurrer the plea be hold to be ill because in construction of law nil to have  in property go to the whole though plead as to part and have likewise plead  nil debet that make the plea double see collier v Stipton yearbook Henry foe a  case a for upon nil debet the defendant may give in evidence nil to have in  property but by plead he owe nothing the demise be admit and then by say the  plaintiff have nothing in the land c that make the plea double and repugnant  but he shall have traverse the whole demiseBy the Ann c any defendant or  tenant in any action or suit or any plaintiff in replevin in any court of  record may with the leave of the same court plead as many several matter as he  shall think necessary for his defence b modern er p
case cooper against beal in ejectment judgement can be enter upon confession  of the casual ejector a ejectment be bring to recover the possession of a  quaker meetinghouse none of they will receive the declaration and the  meetinghouse be never open but on Sunday on which day the delivery of a  declaration be not good thereupon the plaintiff take a judgement by confession  of the nominal defendant and now upon a motion that judgement be set aside  because in fact it be the confession of the plaintiff himself
case cooper against franklin and walter Trinity term James roll a feoff make  to a habendum to he and the heir of his body to the use of he and his heir and  assign for ever be only a estate tail for no one can be seize to a use who can  execute a estate to the use   light b hetley roll ab cro Elizabeth cro car    Bulst Plowd salk ejectment upon a special verdict for land in Phelphan the  case be John Walter be seize of those land in fee and make a feoff of they to  Thomas Walter habendum to he croak throw and his heir of his body to the use  of he and his heir and assign for ever the question be whether Thomas Walter  have a estate in fee tail only or in fee determinable upon the estate tail  first whether a use may be limit upon a estate tail at the commonlaw or at  this day after the statute of Henry c of use second whether this limitation of  use to he and his heir shall not be intend the same use be to the feoff  himself and to the same heir as it be in the habendum quaere because non  adjudica but the opinion of the court upon the argument incline that he be  tenant in tail and the limitation of the use out of the tail be void as well  after the statute as before for the statute never intend to execute any use  but that which may be lawful compel to be execute before the statute but this  can be of a estate tail for the chancery can not compel he at the commonlaw to  execute the estate and so the statute do not execute it at this day vide Henry  pl Henry pl feoff all use et adjournatur a ante croak James er p
case cooper against GOODERICH Trinity term Elizabeth roll a stranger may  receive a deed to the use of a corporation without letter of attorney and if  they seal the counterpart it be a confirmation wood con replevin upon a  special verdict the case be the diefendant as bailiff of the master and fellow  of Emmanuel college make conusance for rend grant unto they in fee by  indenture the issue be non to go away and the jury find that the grantor grant  it by the deed and deliver that deed to a stranger to their use and they seal  the counterpart of that indenture the question be whether a stranger without  letter of attorney from they to receive it may receive the deed to their  use?And it be hold by all the court that he may and that this seal of the  counterpart be a sufficient agreement and as well as if they have make a  letter of attorney and if they have not seal the counterpart but have bring a  action upon it that have make the grant perfect wherefore it be adjudge for  the defendant
case cooper against HAWKESWELL word in a action upon the case for these word I  deal not so unkind with you when you steal a stack of my corn per curian the  action lie
case cooper against smith word actionable ante roll ab vent cro Elizabeth  action for these word thou have kill your master cook innuendo one John  Yarrington servant to Mr Dingley who be murder the defendant plead not guilty  and find against he it be move in arrest of judgement because he do not show  who be the plaintiff master nor that Mr Dingley be master to he who be slay so  the word be uncertain say non allocatur for it be not material who be the  plaintiff master because the word in themselves import slander wherefore it be  adjudge for the plaintiff
case cooper versus cooper maii Eq can ab pl pre Ch Freem S c one devise his  copyhold be burrow English to his old son and devise house to his young son  the house be soon afterward burn and be never enter upon by the young son the  court as this case be circumstance will not supply the want of a surrender the  father have devise a copyhold of the tenure of burrow English to his old son  and devise house in London to his young son but have make no surrender to the  use of his will the question be whether the defect of a surrender shall be  supply in equity to make good a provision for a child and the case of Bradley  and Bradley be cite as a case in point and that this be rather a strong case  because that it appear that the father before his death intend and will have  go down into the country to have make a surrender to the use of his will but  it be in the time of the great plague be prevent from so do but in regard the  provision intend for the young son be a devise of some house in Newstreet  which within twelve month after be burn down in the great fire of London and  the young son then a infant and never enter thereon nor receive any of the  profit the court therefore as this case be circumstance will not supply the  defect of a surrender bill dismiss without cost Reg lib a fol vide Hardham v  Robert ante Vol
case cooper versus williams Eq Abr c c S c post and reference devise of  chattel for life with remainder over good but if of small value and the case  require it it may be otherwise a man devise all his personal estate to his  wife for life and what she have leave at the time of her death it be my will  and I do desire her that it may be equal distribute betwixt my own kindred and  she testator die and the widow marry the defendant precedent in chancery this  bill be bring by the relation to have a inventory take of the testator  personal estate and that security may be give that it shall not be embezzle  for that by his will the wife have only the use of the personal estate during  life and the word what she have leave shall be construe to be by reason of  good that be good to pass away or may be quite wear out with use on the  defendant part it be say that the estate leave be so small that she can not  live upon it without spend the stock master of the roll if that be so it may  alter the case therefore let the master state the value of the personal estate  and then I will give further direction the abstract of the above case appear  to be erroneous as most probable it turn upon another point but as it be print  in the former edition it be think proper to insert it with respect to a devise  of chattel with remainder over vide coke Instit hark Edward b and fearne count  Rem
case coot against lynch if judgement from Ireland be affirm in England  execution can issue in England for cost of the affirmance but it may in  Ireland S c salk S c Carth S c lily Ent S c Mod S c holt S c ld ray the  question in this case be whether a judgement give here in the king bench upon  a writ of error on a judgement in Ireland can be execute here in England for  the cost for that execution have be take out against the party who be here in  England holt chief justice whatever judgement the court give here must be  execute in Ireland here can be no testatum go into a foreign county the  original judgement be give in Ireland will you execute a judgement by  piecemeals shall you execute a accessary part of a judgement when the  principal judgement can be execute here Rokeby justice execution must follow  the nature of the original action and this court be to send a mandate to the  judge in Ireland to see that the judgement which be give here be put in  execution there see Geo c by which Ireland be deprive of appeal to the court  in England a holt chief justice I be of opinion that this execution ought to  be set aside and so by the court let a supersedeas go because erronice
case coot against lynch on the judgement affirm in b r on writ of error out of  Ireland execution must be by writ in Ireland S c Mod S c salk S c Carth S c  holt S c ld ray S c lily Ent judgement be give for the plaintiff in Ireland  and cost be tax and error be bring in the king bench here a and judgement  affirm and cost tax and afterward a writ of error be bring in the parliament  here and the judgement affirm and a capias sue against the defendant for all  cost give here and after several argument and consideration of the court the  execution be set aside for it be say by holt chief justice that in this case  one can not have a capias in any county of England because the cause of action  arise in Ireland and there the venue be lie and therefore the original capias  ought to issue in Ireland but no capias can issue out of the king bench in  Ireland and therefore not here neither a original capias nor a testatum capias  but the method be to issue out a writ recite all the proceed here direct to  the chief justice of the king bench in Ireland and there execution shall be  sue out for all for though the judgement be affirm here yet the law suppose  the party commorant in Ireland for the cost be but accessary to the judgement  and such mandatory writ determine the writ of error here and restore the cause  in Ireland a and it be also say by holt chief justice that it be the true  record which come here out of Ireland and not the transcript but when it come  here it be the true record and not modern report before and that which be in  Ireland cease to be a record and so it be of a record of the common plea that  come hither by writ of error
case coplestone against coplestone the father shall have administration of his  son good in preference to his sister mandamus be pray by Mr Wallop to the  ecclesiastical court to grant letter of administration to sir John coplestone  of the good of his son paulet coplestone his sister sue there for it and grant  per curian for the father shall be administrator to his son before the sister
case Copley against Hepworth covenant and entry amount to a lease S c salk  covenant to pay a annual rend of sixty pound and to repair the plaintiff say  that the defendant enter but do not aver a lease make the defendant plead that  he ought not to have the rend for that no lease be make holt chief justice in  mutual covenant where the performance of one depend upon the other the  precedent covenant must be perform first modern report er p Eyre and dolben  justice the covenant and entry amount to a lease and so be the case of  Harrington v wise holt chief justice it have be hold aliter ever since  judgement for the plaintiff a see roe v ashburner term Rep a
case coppin against HERNALL a umpirage can be make until the arbitrator time  expire S C sand S C lev S C ray S C side S C keb post roll vern ld ray Twisden  justice say upon a motion in arrest of judgement because a award be not good  that the umpirage can not be make till the arbitrator time be out and z l if  any such power be give to the umpire it be nought in its constitution for two  person can have a several jurisdiction at one and the same time but see the  case of roe v do term Rep where it be determine that arbitrator who have the  power of choose a umpire may choose one the instant they begin to take the  matter refer into consideration see also kyds law of award to c term Rep term  Rep in Nola modern er p
case copping against Slaymaker a declaration beginning in covenant and end in  case be informal SC post SC Jones SC skin on a covenant not to assign without  licence a breach assign in make a lease not say without licence be bad  covenant demurrer to the declaration the memorandum be de plea assembly break  but the declaration be quod per ankle indenturam assumpsit et agreavit and set  forth in the declaration the indenture and conclude like to a declaration in  case without any et such to break off assembly svan predict per curian it seem  to be ill because altogether informal but the exception on which they adjudge  the declaration nought be this the covenant be that he shall not alien without  licence and the breach be that he make a lease contra form et effect assembly  pillage and do not say without freedom hold nought judgement for the defendant
case copping against Slaymaker Hilary term car roll judgement nil to take in  hand can be plead in bar to a second action for the same cause SC ante SC skin  covenant and on a fault in the declaration there be judgement quod quer nil to  take in hand per billam then another action be bring and the former judgement  plead in bar and cite fen case Rep dyer Lampen v Hedgwin Mod Rep on the other  side be cite Ingram v Trevill keb Adjournatur a by will c the person to who  the inheritance of the king bench and fleet prison belong be make answerable  for all forfeiture escape and misdemeanour permit suffer or commit by their  respective deputy but by Geo c the prison house with the power of appoint a  marshal of the king bench during good behaviour and while he shall be resident  in the prison or the rule thereof be vest in the crown and the appointment of  inferior officer give to the marshal shower KB er p
case Corbet against cook Michaelmas term pound Elizabeth roll if a sheriff  take bind for appearance at Westminster and the term he adjourn t Hertford yet  the defendant must appear where the court be hold out of wonder hich the writ  issue more see I Com dig appearance must he enter debt upon a obligation  condition that if he appear at Westminster such a day to answer c that then c  this be a sheriff bind the defendant plead that before the da of the return of  the writ the term be adjourn to Hertford and that there he appear and  thereupon the plaintiff demurrer it be first move whether this plea be good  the obligation be take as by intendment it may he after the adjournment of the  term whether he ought not to appear at Westminster or at Hertford but it be  hold that the obligation shall always relate to the day and place comprise in  the writ for that shall not have regard to the adjournment and yet if the term  he adjourn he ought to appear in the queen bench or otherwise he shall forfeit  his bind as Edward be and so be diverse precedent second it be move that the  plea be not good because he do not conclude profit to stand open de ecordo for  although he appear yet if his appearance he not enter upon record he forfeit  his obligation and he ought to conclude so otherwise the plaintiff can have a  answer thereto to say nul tid record and of that opinion be all the court
case CORDALS case a devise of land to executor for the payment of debt and  when they be pay to a f or life e remainder in tail the executor have but a  chattel and no freehold and the estate tail remain unexecuted and disjoin  during the life of a SC   notam coke attorneygeneral show to I a resolution of  gawdy and Anderson in a case refer to they by the queen commandment in which  two point be resolve where a devise be to two person of land to hold for  payment of the legacy in a will and the debt of the testator and afterward to  el cordal his brother for life remainder to his first son in tail and so to  the second the remainder to the heir of the body of Edward cordal first it be  resolve that this be no freehold in the two person but only a term for year  although it can be say for any certain numher of year for the profit be not  certain nor the debt yet it be a chattel and quasi a term as a devise during  the minority of I S or land extend for debt and this be in favour of will but  otherwise it be of such a limitation in a deed for there it be a freehold  conditional a second it be resolve that the estate tail be not execute for the  possibility of the mean estate that may interpose and therefore it be always  disjoin during the life of Edward cordal so that of that estate his wife can  not he endow and this be resolve upon conference b a   light a lev Jones ray  side Bulst Allen lev roll Abr Fearne stram Swinb b ante   light a saun b r h  lev see also Cas tem hard where Lord Hardwick say that in sand Cordalls case  be deny to he law kqed v idem Mr hargrave note   light b Com dig fearne count  Rem Gilherts law of devise atk croak Elizabeth er p croak Elizabeth easter  term Elizabeth in the queen hench sir John Popham Knt chief justice sir  Francis gawdy Knt John Clench Esq Edward Fenner Esq justice sir Edward coke a  Knt attorneygeneral solicitor general
case CORHET against hill word actionable I Ro ab Bac Abr action for these word  the plaintiff be perjure in his answer in the StarChamher innuendo a bill  there exhibit by the plaintiff against the defendant after verdict it be move  that a action lie not for it be well know that a plaintiff can be perjure in  his bill exhibit for he be never swear thereto the court hold that the action  be maintainable for the first word and they be sufficient without the innuendo  which be repugnant be void and not to be regard wherefore it be adjudge for  the plaintiff
case corn against PARSLOW if after the venire be award to coroner the sheriff  return a tale it be error ante yely stram error in the exchequer Chamber of a  judgement in the queen bench the error croak Elizabeth er p assign be because  upon a challenge to the sheriff the v venire facias be award to the coroner  and return by they and at the nisi prius a tale be return by the new sheriff  de A standing round and it be hold to be a manifest error and that it be not  aid by the statute of Misconveyance of process for it be a mistrial
case corpse against kitchen hall bail additional of what term to be bail be  put in in Michaelmas term and except against and additional bail put in in  Hilary term the doubt be whether the additional bail be of Michaelmas term and  some say the bail must refer to the return of the writ and other will have it  refer to the recognizance enter into the mischief will be in this case to make  the bail refer to Michaelmas term that if bail have alien good fide in the  interim to have the land charge with the recognizance by that relation holt  chief justice it have be a old question whether bail in this court be liable  from the time of the recognizance or from the time of the judgement and the  court here order proceed to stay till they have consider of it a for the  course of proceed to obtain a attachment for nonperformance of a award see  Cromp pract Bl Rep and kyds treatise on the law of award modern report er p
case COTEFORD against pea it be a good modus for one parish to pay tithe for  pasture to the vicar of another parish c I Eq Cas ab Fitzherbert Peer will  dougl term Rep prohibition the plaintiff sue the defendant for tithe in specie  of certain pasture in n where he be parson the defendant to have a prohibition  surmise that he be a inhabitant in S and that time out of mind every  inhabitant there that have pasture in n have pay tithe for they to the vicar  of S and that the vicar of S have pay to the parson of n twopence for every  acre the court hold the prohibition do lie and that the plaintiff shall  declare and the defendant may demurrer to it if he will for it be as if he  have presrcibed to pay twopence for every acre croak Elizabeth er p
case Cottingham against Griffith and snow sheriff of Bristol if both the  venire and the distringa be wrong the error can be amend post Cr debt upon a  escape the issue be nothing dehent the venire facias and distringa be two  quandan to swear falsely inplacito transgression and this after verdict be  allege in arrest of judgement and for this cause the judgement be stay for it  be not aid by the statute of Jeofails but if the v enir efacias or distringa  have been right it have been otherwise
case Cottingham against loft a prohibition do not lie on a suggestion of a  dispute between a peculiar and the prerogative court whether good notabilia or  not motion for a prohibition suggest that where there be a dispute between a  peculiar and the prerogative court whether good notabilia or not it must be  try by the commonlaw and the case of brook v sir William turner a Mod a be  cite the court this must often have happen and if a prohibition lie there must  have be frequent instance of it where a prohibition be grant pro diminution  triationis it be upon supposition of different rule establish by the spiritual  and commonlaw as in case of prescription but as to good notabilia the  spiritual and commonlaw be the same the case quote be not much regard b in the  case quote north chief justice express say that when a question arise whether  the matter be cognisable before a peculiar or before the ordinary as to what  shall be good notabilia the commonlaw retain the jurisdiction of determine Mod  b modern report hilary term the first of George the first in the king bench  Thomas Lord Parker chief justice sir Littleton powys Knt sir Robert Eyre Knt  sir John Pratt Knt justice sir Edward Northey Knt attorney general Nicholas  Lechmere Esq solicitor general
case cottington against HULETT easter term Elizabeth roll a assumpsit against  a executor need not aver that he have asset   b cro James roll ab Cowp term  Rep assumpsit against a executor upon the promise of the testator and in the  declaration it be not aver that he have asset to pay debt c but mich Elizabeth  t be adjudge that the declaration be good and the plaintiff recover
case cotton against martin a prisoner for debt who escape and be recommit on I  whether c can have a day rule and a person in custody at his suit shall be  discharge on oath that nothing be due debt upon a bind to come to a account  the plaintiff have be prisoner in the fleet and have escape be take up by a  warrant accord to the late Act of parliament whether c a and commit to Newgate  and a affidavit be make that nothing be due but see the case of Emerson v  Hawkins and other will that where a plaintiff have swear positive that the  defendant be indebt to he in order to bold he to bail the court will not  receive any affidavit to explain or contradict the plaintiff oath and that  even a affidavit of the plaintiff confession that the defendant owe he nothing  can be receive S c sayer see also salk stram Bl Rep burr burr dougl term Rep  accord but if the plaintiff affidavit be defective the court will discharge on  common bail Hussey v Baskerville will b and the plaintiff by his be in Newgate  be disable from come before a judge to show cause of action and that  disability come from his own wrong videlicet the escape the court order common  bail if he have not be escape he may have get out by a dayrule
case cotton against Owen a rejoinder which do not support the bar be bad on  demurrer replevin for take his good the defendant avow and justify the take  damage pheasant the plaintiff reply that the good be there c by virtue of a  demise make to he by the avowant himself and that be enter and be possess c  the defendant rejoin and traverse the possession but give no answer to the  demise set forth in the replication to be make by himself for which reason the  plaintiff demurrer and the defendant join in demurrer it be insist for the  plaintiff that since the traverse of the possession be immaterial and nothing  say as to the demise a   hob a the plaintiff ought to have judgement and  accord judgement be give for he
case cotton against sir gervase CLISTON how a tender may he plead ante   light    b sand more Bac Abr b r h debt upon a obligation it be hold that where a  obligation be make and afterward a defeasance be make thereof if he pay a  lesser sum c there if he plead the defeasance and the tender of the lesser sum  he need not to say tout temps priest for by the tender he be discharge of all  but otherwise it be of a obligation with a condition to pay a lesser sum
case cotton against WESTCOT vide ante page a infant executor must appear by  guardian and not by attorney post roll ab Bulst   b side cro car sand pop  stram Bac ab this case be now argue at the bar that it be not error for  although a infant may not appear by attorney be defendant or plaintiff in  action bring in his proper right and if he appear by attorney it be error and  may be assign for error a although he be of full age at the time of the writ  of error bring yet against a infant executor who represent the person of his  testator who be of full age and may pay debt and legacy and receive they and  make acquittance and be outlaw in his person there be no disability but that  he may well appear by attorney and a precedent be show in court bear v Starkey  b where a infant sue by attorney upon a debt as executor and error be assign  for this cause it be rule to be no error but the judgement be afterward  reverse c note it be also so adjudge in the case of Bartholomew v Dighton d  but it be thereto answer and so resolve by the court that a infant be sue and  plead by attorney although he be executor yet it be erroneous for be sue he  may by a false plea be charge de good not common with others and although he  plead true he shall be charge in damage de good not common with others and by  intendment he can instruct his attorney to plead and a guardian be always make  that he shall answer the infant if he plead ill wherefore law and reason  require that although he be a executor yet he ought to appear by guardian and  therefore difference be take where a infant executor be plaintiff and where he  be defendant and be plaintiff where he recover for if judgement be give  against he where he be plaintiff it seeine all one with this case the justice  be of that opinion and for that reason it be reverse and it be say that a  attorney may plead non sum shape but a guardian can vide   b Beechers case
case cotton case a indictment for murder must allege the place where the  stroke be give and the party die hale cotton a attorney of the queen bench be  indict for that he such a day year and place have a axe covert in his hand  felonious strike one Margaret Spencer whereof she the same day and year die  exception be take to the indictment because there be not any place allege  where he strike her nor croak Elizabeth where she die Popbam for the first it  be all one with Lewis case in this court which be rule to he ill for this  cause for there it be that he such a day year and place have such a weapon in  his hand felonious strike the party to hand over ei unamplagam subject to  death so there be not any place allege where he strike but only where he have  the weapon in his hand wherefore it be resolve to he ill it be also ill for  the other reason because it be not show where she die
case cotton case variances hetween the v venire facias and the distringa may  he amend ante action for word in the v venire facias a juror be return by the  name of I S of Abbotsan and in the distringa he be return by the name of I S  of Abbatsan and it be award to he amend so in this term hetween Mortimer and  oger a juror in the v venire facias be name de Hust and in the distringa de  burst and this be allege in arrest of judgement and award good and the  plaintiff have judgement
case cotton versus cotton and ashton post vern S c Eq Abr pl S c Chan Rep feme  Cestuique trust of a bind marry principal obligor and after his death the bind  be put in suit against the surety he can not be relieve in equity because like  the case where husband before marriage join in assign the woman personal  estate in trust for herself though urge it be a release in equity as the  oblige marry the obligor be a release at law the defendant cotton in her  widowhood lend pound be part of the asset of her first husband Gibbons to I  cotton the plaintiff son who together with the plaintiff as his surety become  bind to the defendant Ashton in trust for the other defendant cotton then  Gibbons for the repayment of the money afterward mrs Gibbons intermarry with  the principal obligor who afterward die and leave his wife whole unprovide for  and this bind be put in suit the plaintiff bring his bill to be relieve  against the bind for that the Cestuique trust in the bind have intermarry with  the principal obligor that inequity be as much a release and discharge of the  bind as it will have be at law if the obligee herself have marry the obligor  and that the bind be a trust for her after marriage be a trust for the obligor  her husband and therefore ought not now to be make use of precedent in  chancery but the court will not relieve against the bind for they say that the  husband himself be one of the obligors and so privy to this trust for his wife  before marriage make it like the case where a man join with the woman he be  about to marry in assign her personal estate in trust for herself in which  case he shall not have the benefit of it or if it shall be not so take yet  because the husband live with her two year and be party to the bind and do not  procure it to be deliver up and discharge and be now dead and have leave his  wife whole unprovide for this court will not hinder her of this mean of  provide for herself precedent in chancery er p
case cotton versus isle novembris in court Lord keeper Eq can ab pl pl barn S  c a man purchase absolute of a mortgagee in fee in possession and die as  between his heir and executor it shall be consider as real estate and go to  the heir mortgagee in fee enter for a forfeiture and after seven year  enjoyment absolute sell the land to I S and his heir per cur the estate shall  not be look on to be a mortgage in the hand of I S so as to make it part of  his personal estate but it shall be for the benefit of the heir vide win v  Littleton ante p Pockley v Pookley ante p so in the case of mortgagee in fee  testator have enter the mortgage may be consider as real estate accord to  interest of the testator in respect of the real and personal representative of  his devisee though as between he and the mortgagor it be still but a mortgage  Noy v mordant post vol
case Coulson versus white January this court will not grant a injunction to  restrain a person from commit a trespass where it be temporary only otherwise  where it have continue so long as to become a nuisance Lord chancellor every  common trespass be not a foundation for a injunction in this court where it be  only contingent and temporary but if it continue so long as to become a  nuisance in such a case the court will interfere and grant a injunction to  restrain the person from commit it
case countess OF arundel against steer a prescription to have estovers not  only for repair but building new house on the land be good post side Com dig  trespass for cut down of tree c the defendant justify by prescription to have  estovers for that he be seize in fee of such a house and land and prescribe to  have estovers for the repair of the say house or for the building of new upon  the say land and justify for make reparation of a bakehouse c it be thereupon  demurrer because it be allege that the custom be unreasonable to take estovers  to build new house but all the court except William hold that it be a good  prescription for one may grant such estovers at this day and by the same  reason there may be a prescription for they William hold that the prescription  be not good for it ought to be reasonable and usual which be to repair ancient  house and not to build new for then he may cut down all the wood and destroy  it but notwithstanding it be adjudge for the defendant a cro Elizabeth Yelv  ray Com dig croak James er p
case countess OF bristol versus Hungerford pre Charles S c a devise his real  estate to his executor to be sell for payment of debt the surplus if any to be  deem personal estate and go to his executor to who he give pound apiece  surplus decree to the heir at law a term for year limit in trust to pay debt  and four year after to attend the inheritance as soon as debt pay a trust for  the heir pound a year for sixteen year to pay debt and legacy surplus a trust  for the heir devise of real estate to executor to be sell for payment of debt  the surplus if any be to be deem personal estate and go to his executor to who  he give pound apiece decree the surplus a trust for the heir at law and affirm  in parliament say vide p win note c by which it appear from Reg lib that the  surplus be decree to be a trust in the executor subject to distribution among  the next of kin Reg lib a fol et vide Ackroyd v Smithson bro Ch Rep as to the  subject of the appeal to dom proc vide ante p and not there cook and guavas a  term for five hundred year in trust to pay debt and four year afterward to  attend the inheritance as soon as debt pay a trust for the heir sir Cyril Wich  and Packington vin ab can vin ab can Mod bro p c S c pound per and for sixteen  year to pay debt and legacy yet surplus adjudge a trust for the heir north  versus Crompton Chanc report Ch can S c Vernon chancery case er p
case countess of Carlisle against Lord Berkeley at the roll that July receiver  appoint with a salary on his own recognizance by consent lib Reg a foe a the  word of the decree respect the receiver be as follow and it be admit that Mr  John cleaver be employ by the say testator in his lifetime in the care and  management of his several estate and it be now desire by the counsel for all  party except the defendant the earl of Carlisle the infant and counsel for he  not oppose it that the say Mr cleaver shall be continue in the say care and  management and that too upon his give security by his own recognizance only it  be further order that the say Mr cleaver be appoint receiver of the say estate  and continue to have the care and management thereof upon his enter into a  recognizance by himself only to be approve of by the say master and take  before a master extraordinary in the country if there shall be occasion duly  and annual ambler to account for what he shall receive and to pay the same as  this court shall direct and the say master be to allow he a reasonable salary  for his care and pain therein and the tenant of the say estate be to attorn  and pay their rend in arrear and grow rend to such receiver who be to be at  liberty to let and set the say estate from time to time with the approbation  of the say master as there shall be occasion Ridout v earl of Plymouth dick  but in general a receiver be require to enter into a recognizance with two or  more surety prac Reg mead v Lord orrery atk upon the appointment of receiver  and their duty general see Mr Coventry note to Powell on mortgage Vol
case countess of gower against earl gower and other June by devise of all his  good and chattel in and about his house and outhouse c hold runninghorse pass  see on this case Ves in porter v tournay by Lord Alvanley in Fitzgerald v  field Russ under the word household furniture c and utensil in and about my  house at a it be hold that farm utensil do not pass lib Reg a foe S c Eden  earl Gower by his will direct that all his plate furniture household good and  all book and other furniture of his library and all store and implement of all  sort and kind and other good and chattel whatsoever which shall be in and  about his dwellinghouse and outhouse at Trentham at his death shall be  preserve for and be hold and enjoy by such person or person as shall be  entitle to his estate in the county of Stafford and Salop by virtue of the  limitation of his son the defendant marriage settlement Q whether the  runninghorse which be at Trentham at testator death pass by these word Lord  Henley chancellor earl Gower intend that nothing shall be disturb about the  estate at Trentham but that every thing there whether of profit or amusement  shall pass and therefore of opinion that the Tunninghorses be comprehend  within the word good and chattel which shall be c
case countess OF portland versus PRODGERS lord commissioner Sabbati June Eq  can ab pl S c a wife who husband be by act of parliament banish for his life  may make a will and in every thing act as a feme sole and as if the husband be  dead the question be touch the validity of the will of the lady Sandys her  husband be by act of parliament banish during life she make a will and  bequeathe several legacy and whether she may so do or not be the question  Vernon chancery case in argue of the case be cite the case of the king and the  lady Matraverse Edward fol Weylands case Inst a lady Bellnaps case Inst b and  the lady shannon case the court be of opinion that the husband be by act of  parliament banish for life the wife may in all thing act as a feme sole and as  if her husband be dead and that the necessity of the case require she shall  have such power and therefore decree for the plaintiff Reg lib a fol so where  the husband a alien enemy Deerley v duchess of mazarine salk so where husband  transport beyond the sea Newsome v bowyer p wms et vide dubois v hold and ux  post sparrow v Carruthers Bl Rep
case court and his wife against west Trinity term car roll a declaration as  administratrix of the good of a state that a die intestate ut to say be good  for ut to say may be reject as surplusage debt on a penal bill bring as  administratrix of the right good and chattel of I S who die intestate ut to  say then allege that letter of administration be commit to he by c a afterward  in Hilary term car judgement nisi be give for the defendant SC skin and see  the case of loan v Casey Bl Rep that a marriage covenant with a trustee for  secure a provision for the wife may be give in evidence by her on a plea of  plene to manage in a action bring against her as executrix and she may retain  so much out of the personal asset as be equal to the damage she have sustain  by the breach of such covenant shower KB er p exception be take thereto  because of the ut to say which be say to make it uncertain whether the party  die intestate for the plaintiff have no cause of action no right of action but  as administrator and therefore he ought positive to entitle himself thereto  which he be not unless I S die intestate it be true in case of the defendant  be a administrator the plaintiff may only say director I S who to go having  made no will ut to say because there he can know it certain but the court seem  to be of opinion that it be well enough for without that word it be right and  then they will intend that he die intestate otherwise the courtchristian will  not have grant letter of administration beside suppose that there be a will  the letter of administration stand good till the will appear to be prove rule  that beyond to move
case Courtney against collet trespass and case can be join S c Carth S c ld  ray trespass for break his close tread down the grass and lie net on the soil  and for carry away his fish nec non de eastern quod the defendant way et arms  do break down certain ware whereby the water overflow the piscary of the  plaintiff adjoin per quod the fish escape out of the piscary and the plaintiff  and his servant be hinder from fish there verdict for the plaintiff it be move  in arrest of judgement that here trespass and case be join together which can  not be first because no action can be join either when they be different in  their nature or second when they require different answer or three if they  require different judgement a as trespass and case do for in one judgement be  to take in hand and in the other quod sit in pity but it be urge on the other  side that it be all trespass and that the per quod be only in aggravation of  damage and this term the court be of opinion that it be all trespass and  judgement be give for the plaintiff a see Holloway v cross cite burr but in  the case of lane v wheat mich Geo it be determine that a bill may be file  against a attorney in vacation to prevent the statute of limitation from  attach dougl and Mr justice buller say the doctrine that a bill file in  vacation can be refer either to the precedent or subsequent term can be  support for if that be true no proceed can go on out of term and it seem now  decide that a bill may be file against a attorney in the vacation in all case  Waghorne v field term Rep a see postea easter term will the case of Cecil and  other of the town of Nottingham a see Dalston v janson ld ray and will term  Rep modern report er p
case covert case if a man make title by grant of a copyhold and the defendant  plead a prior grant without a confession and avoidance of seize in he who make  the last grant the plaintiff must traverse the last grant by copy ante   b  dyer Jones ld ray Com dig replevin the defendant avow for damage pheasant by  reason of a copy grant croak Elizabeth er p tinto he of the place where c by  Cooper bishop of Winton lord of the manor c the plaintiff say that before  Cooper be bishop one Hornwas bishop of Winton by who death the temperality  come into the queen hand and this copyhold during the time that the  temperality be in the queen hand escheat and the queen grant it to the  plaintiff in fee by force whereof he put in his hest and traverse the grant by  Cooper c the question be whether this traverse be good or not the whole court  hold that the traverse be good and first they hold clear that the grant by the  queen of the copyhold escheat be good and that this traverse ought to he for  there be not any confess and avoid because he do not confess the seize and  grant by copy but if he have confess that the bishop have enter and grant it  by copy then there need not any traverse so where one justify by lease from I  S the plaintiff say that I S feoff he before it be not gobd without traverse  or to say that the say I S after the feoff enter and seize he and make the  lease and afterward reenter so thereby he confess and avoid the lease allege  wherefore it be rule accord easter term Elizabeth in the common plea sir  Edmund Anderson Knt chief justice Thomas Waimsley Esq Joho Glanville Esq  George Kingsmil Esq Ju entice
case coward against marshal if land he devise to a son for life a devise  afterward of the same land to the feme of the testator allow a annuity to the  son be no revocation of the former will ante Leon lane yely hob cro car cro  James show hard pale yellow on Dev salk salk comb Mod Sh Cas par vezey atk  powell devise will Bl Rep Cowp see car c trespass upon a special verdict the  case be one by his will devise his land to I his young son and his heir and  afterward remarry and by another will in write devise the land to his feme for  life pay annual to I his young son and to his heir such a rend whether this  second will be a revocation of the former be the question and Anderson and  Glanville hold it to he no revocation but that both man that stand although  they he by several write unless it he manifest contrary to the first will or  than the e he a express revocation therein  but they ought to stand together  if they may as make by and in one and the same write and here his intention  appear that he have not any purpose to alter it as to his son but only to  provide for his feme who he afterward espouse and croak Elizabeth by the  appoint of the rend to his son it appear that his intent be that the reversion  shall he to his son the matter be afterward end by arbitrament a ante a    light more Vaugh roll Abr   croak Elizabeth er p
case COWLEIGH against Edward easter term Elizabeth roll the traverse of a  immaterial matter be have ante post Com dig false imprisonment for imprison he  at Bristol the defendant justify that he arrest he at Gloucester by virtue of  a commission of rehellion without hoc that he be guilty at Bristol and it be  move that the traverse be not good for the cause of the justification be not  local and so may justify in the place where the action be bring otherwise it  be if the commission have been to arrest he at Gloucester and so be the  opinion of Wray send adjournatur
case cowper against ginger ante Raymond chief justice deliver the opinion of  the court that the writ of error in person thou well lie for that the record  be remove b the first writ of error the case of Walter v Stokoe in Hilary term  be a case in point and there no question be make but that the record be remove  by the first writ of error michaelmas term the twelve of George the first in  the king bench sir Robert Raymond Knt chief justice sir Littleton powys Knt  sir John fortescue aland Knt James Reynolds Esq I justice sir Philip York Knt  attorneygeneral sir clement Wearg Knt solicitor general
case cowper against ginger if judgement in debt be against two defendant both  must join in a writ of error S c post S c ante S c I stram S c ld ray the  plaintiff obtain judgement against two defendant in a action of debt and one  of they bring a writ of error when it shall have be bring by both and he who  do not prosecute ought to have be summon and sever which not be do this be  hold to be a fault not amendable and thereupon the writ of error be quash the  like judgement be give in Hilary term in the six year of George the first in  the case of brewer v turner stram see also vavasour v Vaux will Knox v  Costello burr Laroch v Washborough term Rep a
case cowper against Langworth Hilary term Elizabeth roll a action of debt lie  upon a recognizance acknowledge in chancery although judgement have be obtain  on a scirefacias which be still in force post I roll ab   dyer Vernon Com dig  dougl debt upon a recognizance acknowledge in chancery the defendant plead  that the plaintiff have sue a to know facias upon it in chancery and have  judgement there and have sue a elegits and demand judgement si c and it be  thereupon demurrer the question be whether after this execution award by the  elegits the plaintiff may waive it and have a new action of debt?And all the  justice hold that he may and that the judgement in the to know facias upon the  reconusance be in force yet he may have a new action of debt so if one recover  in debt upon a obligation yet that remain in force he may have a new action  for Popham say the difference be where one recover in trespass or other action  wherein he recover nothing certain but damage only if he have judgement in  such a action there when that judgement be in force he can have a new action  but where the thing which be demand be certain as debt c it be otherwise  wherefore it be adjudge for the plaintiff
case COWSLAD versus cely Eq Abr pl Eq Abr c S c atk Bunbury two executor and a  bill by a residuary legatee against one only to have a account of his own  receipt and payment yet at the hear the objection for want of the other  disallow unless in the process of the cause it shall appear necessary case  where two factor be a bill have be allow against one the other be beyond sea  the plaintiff be a residuary agot bring his bill against the defendant who be  one of the executor without his coexecutor to have a account of his own  receipt and payment defendant insist at the bear that this coexecutor ought to  be make a party and that though a bill may be bring against one factor without  his companion if he be beyond sea yet that have be allow only for necessity  and that it be otherwise in case of executor Lord chancellor the cause shall  go on and if upon the account any thing appear difficult the court will take  care of it the reason be the same here as in case of joint factor and the run  out of process in this case be pure matter of form and I doubt whether a  foreigner can be serve with a subpoena in a foreign country precedent in  chancery Hutchins say he remember that the great duke of Tuscany have lie  several person by the heel for execute a commission to examine witness in his  dominion without his leave
case cox against burgundies Hilary term Elizabeth roll word actionable action  for these word speak of the plaintiff his boy innuendo one Ambrose latbam the  plaintiff wife son have cut my purse and he know it have receive he it be move  that a action lie not for these word but adjudge that it be maintainable vide  SC post
case cox against copping if a impropriator bring ejectment to recover a house  which the parishioner say belong to the parish the court will not make a order  for he to inspect the parishbooks a difference arise between Cox the plaintiff  who be impropriator and the parishioner concern the right of a house he bring  a ejectment and by his counsel he move the court that the churchwarden who  have the custody of the parishbooks may modern produce they so that he may  have a sight thereof and copy of what concern his title and this be compare to  the case of corporation and copyholder who upon such motion have frequent  obtain rule of this court for the steward to grant copy and that the  courtrolls may be produce at trial it be likewise say that if the plaintiff  shall exhibit a bill against the churchwarden he will have a account of the  parishbooks but the court be of opinion that this case differ from that of  copyholder because all the tenant of the manor have a interest in the  courtrolls but here the impropriator have a distinct interest from the  parishioner for it be not a parochial right but a title which be now in  question and therefore it be not reason that the parishbooks shall be produce  which will be to show the defendant evidence then as to churchwarden they be  not a corporation without the palsonSee king v dr Pinnel will Hodges v Atkins  will king v Hostmen of Newcastle stram and the mayor of Lynn v Denton term Rep  the corporation of Barnstaple v Lathey term Rep a
case cox against crapnel and his wife in trover against husband and wife for  conversion by the wife the issue must he by her only ante Noy cro James r  action of trover against they suppose the trover by both during he coverture  and the conversion by the feme only the defendant plead quod Self non are ind  worthy of blame after verdict for the plaintiff it be move in arrest of  judgement that inasmuch as the declaration do not charge the baron with any  tort but only the feme the issue ought to have be quod self non be ind cut  pabi S and of that opinion be all the court wherefore it be award that the  issue be ill and that they shall replead and so they do note a repleader after  a verdict a
case cox against humphrey quod vide ante page word not actionable Popham term  Rep it be now move again by William sergeant and the word allege to he  such Thy boy innuendo Ambrose Latham the plaintiff wife son have cut my purse  and thou have receive it know it and have the ring and money that be there in  your hand therefore I charge you with felony  And adjudge that the action lie  not for it do not appear that the purse be cut felonious and then the receive  of the boy and of the thing which be in the purse be not felony wherefore it  be adjudge for the defendant croak Elizabeth er p
case crabb against bowdler a declaration in a inferior court for good sell and  deliver must state that they be sell within the jurisdiction error on  judgement in Bristol court a indebitatus for ware sell say that at Bristol he  be indebt and at Bristol be promise but it be not say ibidem offer for sale  and hold ill and judgement reverse
case craddoc against glin on suit bring against a attorney for money receive  to the plaintiff use move to have his own bill tax and a allowance of what be  due court will not interpose action against a attorney for money receive to  the plaintiff use the attorney show to the court that he have be employ as a  attorney for the plaintiff and have apply some of his money towards pay for  his labour and some to a solicitor in the cause and move to have his bill tax  and a allowance of what shall then appear due to he curian if the plaintiff  have apply by motion to have we to compel a attorney by virtue of our power  over he as our officer to pay the money there forasmuch as that be  discretionary in we we will not help the plaintiff unless he do the fair thing  of his side but here when be demand no favour of we we can deny he the law and  let the defendant take his legal remedy against the plaintiff a
case CRAGGER against glover a prisoner discharge on the late statute and after  arrest for a debt of above due before the discharge must find special bail see  Mod salk S c salk S c Mod S c ld ray holt chief justice deliver the opinion of  this court and also of the judge of the common plea who he say he have consult  in the follow case the case be this I S be in gaol for twenty pound and no  more and be discharge by the statute Ann c then after such discharge he be  arrest for a debt of above a hundred pound due before the discharge the  question be whether he shall be discharge again without special bail he say it  seem doubtful because of the word in the statute videlicet for any debt  whatsoever but then the proviso be to be consider which be provide that no man  shall be discharge by virtue of this Act if he stand charge and be indebt  above one hundred pound now it be object that this shall be apply to the first  discharge only but he say it ought to be apply to the second modern report  discharge as well as to the first for he that be a second time discharge be as  much discharge by virtue of this Act as he that be discharge the first time  beside it be the intent of the Act that no man shall be discharge that owe  above a hundred pound nor can the discharge of the other debt be a discharge  in this wherewith he be never charge hilary 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 sir Edward Northey Knt  attorneygeneral sir Simon Harcourt Knt solicitor general
case CRAMLINGTONS case in a indictment for a rescous the rescue shall be  intend to have be where the arrest be make the word rescussit imply that  rescous be with force and render way et arms unnecessary ante post SC Bulst  hale strange Bac ab hawk p c Cramlington be indict for a rescous exception be  take thereto because it want the word way et arms or manu strong as also  because the place where the rescous be make be not certain express but the  court hold it be to be intend that where the arrest be make there also be the  rescous and therefore certain enough without the word ibidem the indictment  also be good without the word way et arms for the word rescussit imply it to  be do with force see Henry c hawk and peer will as to the error of omit way et  arms in indictment
case crane against Crampton in a assumpsit on a promise to pay such a sum on  the marriage of the plaintiff notice of the marriage need not be aver nor the  day that the request be make state in the declaration S C hut action on the  case on a assumpsit that the defendant in consideration of a ruffband deliver  to he by the plaintiff promise to pay to he at the day of the say plaintiff  marriage the sum of three pound and allege in fact that he be marry such a day  et although often require yet he have not pay and judgement be give upon  nothing to say after writ of enquiry of damage execute in Norfolk it be move  in hirest of judgement that the declaration be not good because he do not show  that he give notice of his marriage before he marry for otherwise the  defendant be not bind to take notice thereof for it rest in the privity and  knowledge of the plaintiff croak car and not of the defendant and it can be a  breach of promise unless the defendant have notice give he before the marriage  also the payment ought to be after request and the day of request ought to be  mention for although often require will not serve and it appear not that the  request be after marriage for request before will not serve Hutton Harvey and  Yelverton justice conceive it be good enough for the defendant at his peril  ought to take notice and the plaintiff needs not show that he give notice of  the marriage a and postea require suffice b without show the day of the  request but I doubt thereof for a precedent be cite of one Morse c in the king  bench where for not allege notice the judgement be reverse but notwithstanding  this exception judgement be give for the plaintiff a cro James Yelv cro  Elizabeth term Rep term Rep b cro James post side Com dig c cro Elizabeth cro  James Yelv Hutton Leon winch croak car er p
case crane against holland easter term car roll bailiff may by custom act both  in a judicial and in a ministerial capacity in the same court and in the same  cause S C Jones cro Elizabeth cro James Com dig Mod term Rep error of a  judgement in Northampton because in Northampton the court be hold before the  mayor and two bailiff the venire facias upon the issue be award to the two  bailiff to return a jury before the mayor and bailiff secundum experience  which be return and judgement give the error assign be because the bailiff be  judge of the court can not also be officer to who process shall be direct  there be no custom that can maintain any to be both officer and judge but all  the court absent hide conceive it may be good by custom and that it be not any  error for the judge be not the bailiff only but the mayor and bailiff and it  be a common course in many of the ancient corporation where the bailiff be  judge or the mayor and they be judge yet in respect of execute process they be  the officer also and one may be judge and officer to visit looking back as in  redisseizin the sheriff be judge and officer whereupon the judgement be affirm  croak car er p
case crane and hill against HUMMERSTONE on a action for a joint trespass the  jury can find damage several although the defendant plead several plead post    Brownl hob cro car cro Elizabeth Carth Mod show ld ray see hill v goodchild  burr dougl error of a judgement in the common plea the error assign be for  that in trespass of battery and wound against two the one plead to all except  the wound that it be in his own defence and to the wound not guilty the other  justify all in his own defence and in issue upon those plead the jury find the  first guilty of the wound and the other issue against he also and assess  damage twenty pound and find the issue also against the other defendant and  damage one hundred pound and give entire cost against both and judgement give  accord of the several damage against they and entire cost against both a writ  of error be thereupon bring the error assign be because there ought to have be  but one judgement for the damage and he ought to have make his election  against who he will have take his judgement croak James er p the whole court  be of that opinion that this action be for one joint trespass therefore one  joint damage ought to have be give by the jury against both and although the  defendant have sever themselves in plea yet when they be find both guilty of  one and the same battery one judgement only ought to have be give wherefore  for this cause it be reverse
case Cranmer be case the queen shall not reenter so as to defeat her own grant  Cowp notam Walnisley sergeant say it be adjudge in that case that whereas the  queen have grant land reserve a feefarm rend with a condition of reentry for  non payment and afterward the queen grant the feefarm rend to I S in fee and  then the rend be behind that the queen shall not reenter for by that mean she  shall defeat her own grant which will he a tort to the grantee of the rend
case craven versus wright Lord Macclesfield if the plaintiff refer the answer  for scandal and impertinence and the master find the answer neither scandalous  nor impertinent the plaintiff on except to the master report must in his  exception show wherein in what line or page and how far the answer be  scandalous or impertinent in order that such part of the say answer may be  expunge by the master and it be not sufficient in the exception to say in  general that the answer be scandalous and impertinent it seem to be a strong  case where exception be take to a answer for insufficiency and the master  report it sufficient that the plaintiff in his exception to the master report  shall show wherein the answer be insufficient peer William also if a bill or  answer be refer for scandal and report by the master to be scandalous if the  master have once expunge this scandal the party can then except to the report  because when the scandal be expunge it can be make appear by the record what  that scandal be and it be the party own fault that he aid not except to the  report soon Norway v row mere
case Crawley against blewett and wolf sheriff of Middlesex nonsuit not to be  set aside without consent action upon the case for a false return of no one  good upon a become facias when there be good sufficient the plaintiff declare  on a judgement in the common plea and on evidence produce a copy of a record  in Michaelmas term in the eight year of William the three wherein be write in  the margin cook who be one of the prothonotaries of the common plea but there  be no placit in person c at the top for which omission the defendant insist  that there be no fair copy of a record that it do not appear who this cook be  that the plaintiff declare of a plea hold before sir George Treby and it do  not appear that the record produce by he be such a one and of that opinion be  holt chief justice who try the cause modern report which the plaintiff  perceive be nonsuit and now the plaintiff move that although in strictness he  shall begin again yet that be a hard case the nonsuit may be set aside and  they try it de to make new holt chief justice former and especial in Twisden  time if you have declare that such a one be implead in the king bench per bill  be and have produce the plearoll wherein it be enter that memorand such a one  come et to bring before bill be this be not adjudge sufficient unless you have  also produce a copy of the bill on the file for want of which there be  frequent nonsuit though I can never be of that mind and have on debate rule a  copy of the plearoll to be a sufficient proof of the bill but in this case the  defendant will not consent wherefore the court say they can not do it when he  have by his voluntary act put himself out of court they can not by their own  authority bring he in again
case Crawley case a rend grant to a and b for theuse of c be a estate execute  in c for his own life post and Owen dyer a to Rep replevin the case be a rend  be grant to two duringthe life of j s to his use whether if the two die live I  S the rend be go or no be the question for it be agree that there can be a  occupancy of a rend dyer a and it be hold that it be not go especial in this  case for the rend be grant to the use of I S it vest in he by the Henry c so  as he have a absolute estate during his life and the life of the grantee be  not material the estate be transfer from they otherwise it have be of a grant  to a use before the statute
case Crawley case the session can commit a person for refuse to take upon he  the office of constable but they may indict and fine and commit for the  nonpayment of the fine   Ent Mod salk skin comb stram Com dig ld ray fitzg  hawk p c Esp dig Crawley be bring to the bar upon a habeas corpus direct to  the mayor of saint Alban be in gaol there it be return upon the writ that he  be commit to the eaol b the justice of the peace of the say liberty at the  session of the peace hold that July till he shall obey a order of take the  office of constable upon he for that he be a inhabitant within the hundred of  casho within the liberty of saint Alban have refuse to execute the say place  and because it be inform on the part of the say Crawley that he deny to be  within the liberty of saint Alban but affirm that he be within the county of  Hertford out of the say liberty all the court hold that he be unjust commit  because they ought not to have commit he when he deny to be constable especial  pretend that he be not within the liberty but shall have cause he to be indict  upon this refusal and if he be find to be within the liberty shall have assess  a good fine and then have commit he for that cause vide Greisleys case a but  as it be now return the imprisonment be not lawful wherefore the say Crawley  by the opinion of the whole court be absolute discharge without any bail a    croak car er p
case cray versus Willis at the roll N B in vern it be say that it be decree in  the case of Cox versus quantock that the administrator shall not have a  account against the survivor and it be so report in Nels Fol Rep in cane lev  Mr lutwych mrs Cray devise all the residue of her estate to her son Samuel and  her daughter Hannah their executor and administrator for ever and make they  executor mrs Cray die and afterward Hannah die and the question be whether on  her death the whole survive to Samuel the residue be leave to they general in  the case of tailor versus shore sir though Jon the testatrix devise the  residue to the disposal of her executrix and sir John shore her brother the  executrix die and it be adjudge that this be a legacy do not survive to the  brother and the same decree be make in the case of Cox and quantock Chan Cas  master of the roll the testatrix devise the remainder of all her good and  chattel to her son and her daughter their executor and administrator for ever  both their executor can take unless mosely report they be tenant in common but  the will mean the executor or administrator of the survivor a joint devise or  legacy always survive if there be not some word to create a severance or  tenancy in common cartr salk shower if a legacy be give to two and one die in  the lifetime of the testator his share be not lapse but survive to the other  and therefore in this case the whole residue survive to Samuel vern Calth Chan  Cas vern vern and it be there say that in the case of coy and quantock it be  decree that the administrator shall not have a account against the survivor  and it be so report in Nels Fol Rep in canc Carth show lev mosely report er p
case creek executor c against PITCHARN a executor nonsuit on prohibition be  not liable to cost SC barn SC barn SC   g SC pract Reg the defendant libel in  the spiritual court against the plaintiff for tithe due to the defendant from  the plaintiff testator and sue he as executor c the plaintiff suggest a modus  and therefore obtain a prohibition at commonlaw at the trial the plaintiff in  the prohibition make no evidence of the modus and be nonsuit modern er p the  defendant move this court that the plaintiff notwithstanding his be executor  may pay the cost of the prohibition but the court deny it and say as he be sue  as executor he may well bring the prohibition as such and can not obtain it  any other way and therefore ought not to pay cost indeed if one sue as  executor c when he may have sue in his own right we shall have no regard to it  but make he pay cost if any be due but the plaintiff have sue as he ought all  the judge have agree that cost shall be tax upon a prohibition from the time  of the motion for the prohibition first make
case CRESLEY against darling in a to know facias against one of two person as  the bail of one defendant in a joint action against two a averment that he  have not pay be sufficient to know facias against bail the case be thus in a  joint action against two the defendant be bail for one of they judgement be  against the principal and a to know facias against the defendant as bail for  one of they and say only that the party principal for who the defendant be  bail have not pay the money c Mr Thompson take exception for that it ought to  have be allege that neither one nor the other of the principal have pay the  money it be a joint debt the payment of either will have discharge the bail  dolben and Raymond justice it be well enough for his recognizance be to be  bail for such one person and they need not aver further than that that person  have not pay but if the other have pay it the bail ought to have plead it  judgement for the plaintiff nisi c
case CRESLY versus carrington eoden die Lord chancellor Eq can ab pl a award  make pursuant to a order of court must be confirm as be do upon a master  report and either side have liberty to except to it the matter in difference  have upon the hear be refer by the court to gentleman in the Vernon chancery  case country who have make a award therein the cause be set down to be hear  upon the matter of the award but be throw of as come on irregular for that the  plaintiff ought first to have move to confirm the award as be do upon a master  report and either side may except to it if they find occasion and then the  matter will proper come before the court on those exception and it be order  that the certificate award shall stand confirm unless the plaintiff shall  within eight day then next file exception thereto Reg lib a fol so hide v  Cooth post vol say vide Allardes v Campbell bun contra price v William bro Ch  Rep send vide also dick v Milligan bro Ch Rep where say exception to a award  will net but not where they relate to any thing that go to the fact in the  award nor where the reference be to be final send per Lord commissioner Wilson  I shall have think it better to have decide that exception will not lie to a  award see ford v Gartside Cox so exception will lie to a award under a decree  if only ad to sum up but not if to all matter in difference Woodbridge v  hillon dick et vide Vernon v well dick see more of the doctrine of equity on  the subject of award in note to brown v brown ante Vernon chancery case er p
case Cresset versus Kettleby eoden die in court Lord keeper Eq can ab pl when  a bill be in the disjunctive the defendant by his plea may take it either way  the bill be that the plaintiff father by settlement on his first marriage be  only tenant for life ox else tenant in special tail and the plaintiff be the  old son of Vernon chancery case er p Vernon chancery case that marriage and  that the defendant claim by a subsequent settlement have notice of the first  the defendant plead a fine levy by the father and set forth her title under  the second settlement and insist she be a purchaser but do not plead she have  no notice of the first settlement This do not appear in the register book the  plea as there state be that defendant be purchaser by deed fine and settlement  make in pursuance of certain marriage article and in consideration of a  marriage portion whereby the land and premise so claim by the plaintiff be  well and legal vest in the defendant and that plaintiff have no title or  colour or pretence of title thereto Lord keeper the bill be in the disjunctive  the defendant may take it either way and have plead a fine which be a bar  suppose the father to be tenant in tail allow the plea plaintiff be at liberty  to amend his bill enter by the name of Cressett v Cressett Reg lib a fol
case Cressey versus carrington Lord chancellor eoden die Ch can S c when the  court on hear refer the matter in controversy to gentleman in the country no  exception lie to their certificate upon the hear of this cause it be refer by  order of court to gentleman in the country to certify the matter controvert  who make a certificate accord the defendant conceive himself aggrieve by the  certificate put in exception thereunto but the court reject Vernon chancery  case the exception and will not enter into the debate thereof but order the  certificate to be bid though it be insist that the certificate be not in the  form of the court more bind or peremptory than a master reprieve art to which  the party have a right to except if they find themselves aggrieve mes non  allocate yet quaere Reg lib a fol note the term of the reference appear to  have be that the referee shall determine the whole matter if they can if not  to certify and upon their certificate of what be rest in the defendant hand  the court will make such further order therein as shall be just and it further  appear that the exception be put in by leave of the court and that they be  argue and upon the argument overrule and the award order to stand and be  perform vide ante Vol SC hide v Cooth post
case creswick against sander a action of covenant for nonrepair bring by a  assignee of the reversion against the lessee must be lie in the county where  the estate be situate the court will grant a new writ of enquiry in a action  of covenant for nonrepair if it appear that the damage give be great inferior  to the estimate prove in evidence this be a action of covenant for not repair  a house in Essex by a assignee of the reversion bring in London hold it will  not lie there be no privity of contract that be go by the assignment and the  plaintiff be entitle thereto only by reason of his have the land therefore the  action ought to have be bring only in the county where the land lie and so be  the case of board v Cudmore cro car and Thursby v plant afterward it be lie in  Essex there be judgement by default and a writ of inquiry issue on the  execution whereof it be swear by a bricklayer and carpenter that it can not be  put in tenantable repair under one hundred pound and yet the jury give but six  pound damage and be ask by the sheriff how they can do so they reply they be  judge of the damage and may give but two penny if they please and be not bind  to give a account why they do so all this be prove by affidavit as also that  before the jury be swear the defendant offer the plaintiff forty pound to end  the business but that the plaintiff will not accept it and upon my motion for  the plaintiff a new writ of enquiry be grant though at the bar it be say to be  unusual it be find for the plaintiff
case crew against bail Trinity term Elizabeth roll No outlawry except where a  capias lie on the original I Leon error to reverse a outlawry after judgement  in a bill of privilege and because no process of outlawry be awardable foy  capias do not lie in the original it be hold a manifest error and the outlawry  reverse
case crew versus JOLLIFF Eq Abr c S c plaintiff daughter by a second venture  bring their bill against the defendant daughter by first venture to prove  their father will where by land be devise to be sell to raise plaintiff  portion and on a trial verdict for the will defendant order to join in a sale  but be allow their cost both at law and in equity my Lord crew make his will  and devise land to be sell for raise portion for the plaintiff who be his  daughter by a second venture and this bill be bring by they and the executrix  to have the will prove and the trust perform defendant be his daughter by  first venture and be all marry by he in his lifetime but have not near so  great portion as the plaintiff who together with defendant be his coheir and  by answer insist to have validity of the will try at bar which be thereupon  order accord and at the trial defendant perceive the matter against they give  no evidence so there be a verdict for the will and now the case stand on the  equity reserve the defendant be order to join in a sale but be to have their  cost see p wms p wms both here and at law upon their join though it be insist  on the other side that they ought not to have cost have as now appear by  verdict wrongful occasion all the expense
case CRICKMERE against paterson Trinity term Elizabeth roll if a testator  devise land ad to loosen or pay so much per annum it be a condition post I r  Abr Leon more Com dig Bac Abr Cowper trespass upon special verdict the case be  Docking seize of land and have issue two daughter devise the land to the old  and her heir that she pay to her young sister yearly thirty pound the question  be if this be a condition?And all the justice hold it be for so be the intent  of the devisor and otherwise the young sister have no remedy for the rend Wray  and gawdy hold that if the word be pkving thirty pound to her sister this  clear be a condition and so ed intention or ad affectam and his intent appear  the law shall so adjudge it and that the young daughter may enter upon a  moiety for which the action be bring and it be adjudge accord vide   Litt b a  a second writ of error be bring in this case and the opinion of the  Courtconfirmed post a ante avowry in replevin b by Geo c S those who distrain  for rend or service may avow general see also Ann c croak Elizabeth er p
case CRIFFORD against berry indeb assump lie not by c against b for money  order by a to be pay by b to c wage be due to a from the east India company he  order b to receive the money and pay it to c to who he be indebt c bring a  indebitatus assumpsit against b holt chief justice say that the action can not  be maintain by c whereupon the plaintiff be nonsuit vide ante modern report  michaelmas term the eight 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 James Montague Knt attorneygeneral sir Robert Eyre Knt  solicitor general
case crips against GRYSIL Trinity term car roll a devise of all my mortgage  convey land in fee mortgage to the testator although open to the equity of  redemption and the devisee may enter on nonpayment post more Vernon Ch Rep  Powell Cowp dougl term Rep ejectment of land in LeightonBussard of the demise  of Robert key upon a special verdict the case be that John Grysil father of  the defendant be seize in fee of the say land and upon the that October James  by indenture of feoff mortgage they to Peter key and his heir upon condition  that if he or his heir pay to Peter key and his heir one hundred and sixty  pound upon the that October he may reenter that afterward upon the that march  the say Peter key by his will in write give to Robert key all his good money  bill or bind mortgage or specialty for money and make he his executor and die  and that the one hundred and sixty pound not be pay Robert key enter and let  to the plaintiff and without argument the opinion of the court be that these  word all my mortgage make a good devise of the land mortgage whereupon  judgement be give for the plaintiff note this mortgage be not forfeit at the  time of make the will l c b Parker ms
case crisp against golding with what certainty the consideration in assumpsit  must he allege ray Yelv Com dig dougl assumpsit upon issue join that non  assumpsit it be find for the plaintiff Walmsley sergeant move in arrest of  judgement that the consideration upon which the action be bring be not well  allege for the plaintiff declare that I S be seize in fee and make a lease to  he for year Elizabeth by virtue whereof he enter and be possess and be so  possess the defendant poll communication hetween he and the plaintiff assume  that if the plaintiff will seal and deliver to he a deed of assignment of his  lease and interest in the land that he will pay to he a hundred pound and  allege that he do seal and deliver a deed of grant c but do not say he be then  possess and if he be not the grant be void and so no consideration second he  do not allege that he do grant his lease and interest he seal a a deliver a  deed of grant which S not a grant curian contra for when it be allege that the  plaintiff be once in possession it shall he intend he do so continue till the  grant and it shall he intend a good grant and the lease and interest pass by  it and it be so adjudge
case crisp case Trinit term Elizabeth roll the next avoidance of a church must  he grant by deed Plowd Leon   light   quare he foot soldier and declare of a  rant of the next avoidance demand oyer of the deed and the plaintiff show a  letter write to his father by the patron in which he writ he have give he the  next avoidance and upon this it be demurrer it be rule clear without argument  against the plaintiff for it be a mere mockery and the grant can be without  deed
case CROGATE against martin mal conclusion cause of demurrer per curian not  conclude to the country upon issue complete join be good cause of special  demurrer
case croker against TREVITHIN on breach of condition by one of the heir of the  donee issue the donor shall reenter post Litt sec     Litt more vent Leon  fearne con Rem the case be land be give in tail upon condition if the donee or  his heir discontinue the land the donor shall reenter the donee have issue two  daughter and die the daughter have issue two son and die one of the son  discontinue the land to another and it be hold by the court to be a breach of  the condition
case CROKETS case in assumpsit if the declaration be deliver of easter term  the court will not in Trinity term change the venue from Staffordshire to  London upon the common affidavit without the usual affidavit of the time when  the declaration be deliver S c salk assumpsit the venue be lie in  Staffordshire and the declaration be of easter term chetham move to change the  venue into London upon the common affidavit but bad no affidavit as the usual  course be of the time of which the declaration be deliver holt chief justice  the reason of that course be because if the action be lie in London or  Middlesex perhaps by the rule of the court the plaintiff will have a plea to  enter and therefore it be necessary to satisfy the court that the declaration  be not deliver so long ago as that the plaintiff can be entitle to a plea to  enter to obtain the change of the venue but this be a country cause and the  declaration of easter term in which case though it be deliver the first day of  the term be can not have a plea to enter be think this out of the reason of  the rule and therefore a affidavit unnecessary but here because if the action  be lie in London there must be fifteen day between the testae and the return  of process and so the plaintiff can have no trial till Michaelmas term the  court hold he up to the rule
case crop against Hambleton rend tender off the premise by a three person at  any time before the condition be break save the reentry ante godb more Bac ab  Plowd a b   a see hargrave on   light a Cowp dougl term Rep trespass upon  special verdict the case be crop let to the defendant land for year render  rend at Michaelmas with a reentry for default of payment at Michaelmas or  twenty day after the lessee for two year use to pay the rend to mary Briggs  servant of the lessor and he accept it at her hand and in the three year he  pay the rend to the lessor and in the four year pay it within the twenty day  to the say mary Briggs and pray her to pay it to the lessor who within the  twenty day tender it to crop who refuse to receive it and blame her for take  it and at the last day of the twenty day crop demand the rend and it be not  pay and thereupon he enter croak Elizabeth er p the question be if his entry  be lawful and after argument it be adjudge for the defendant for the condition  be not break the court hold that the tender of the rend to the lessor himself  at any day within the twenty day although it he out of the land be good and he  ought to receive it and when he pay it to mary Briggs and she tender it to the  lessor this she do as servant to the lessee for that time and be as good as if  the lessee have tender it ex relation Coventry
case CROPWEL against peachy easter term Elizabeth roll a defendant can plead  performance general to negative and affirmative covenant ante post   be livid  or discolored b m or r hob palm side Cowp debt on a obligation condition for  the performance of covenant within a certain indenture whereof some of the  covenant be in the affirmative and some in the negative he plead the indenture  and performance of all the covenant therein general and it be thereupon  demurrer and without argument adjudge for the plaintiff croak Elizabeth er p  croak Elizabeth michaelmas term and 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 cross against garnet S c sub nom cross v gardener Carth see derry v peek  App Cas de Lassalle v Guildford king b a action for deceit in sell good affirm  they to be his own when in truth they belong to another be good after verdict  without allege a warranty that they be his own or that he know they to be  another or that be sell they fraudulent and deceitful S c show S c Carth S c  comb S c holt roll Abr more cro Elizabeth Yelv roll Rep cro James side Mod Mod  ld ray ld ray salk Com dig stram dougl term Rep the plaintiff declare that on  such a day and year there be a discourse between he and the defendant concern  the sale of two ox then in the possession of the defendant and that they come  to a agreement for the same that the defendant do then sell the say ox to the  plaintiff and do false affirm they to be his own where in fact they be the ox  of another man the the plaintiff have a verdict Thompson sergeant move in  arrest of judgement that the declaration be not good because the plaintiff  have not allege that the defendant do affirm the cattle to be his own sciens  the same to be the good of another or that be sell they to the plaintiff  fraudulently et deceptive or that there be any warranty for this action will  not lie upon a bare communication but notwithstanding these exception the  plaintiff have his judgement it may have be good upon demurrer but after  verdict it be well enough the declaration regular ought to charge that the  defendant know of the matter by which he deceive and that he do it false and  fraudulent I Com dig action of deceit f but this may be supply by matter  tantamount Michael v Alestree lev and after verdict false and fraudulent  import that he know it Danv and scienter will supply the omission of false and  fraudulent Leakins v chisel side a modern er p
case cross against harris award without performance a good bar a award without  performance be a good bar but not a accord without satisfaction at this day  the submission of both party be a mutual promise whereupon au indebitatus  assumpsit lie
case cross against powell a deed poll mutual deliver be good and will support  a action ante post light Crb car wood con debt the case be a deedpoll be make  hetween cross and Powel whereby cross covenant with Powel to assure unto he  such land and Powel by the same deed covenant with cross to pay unto he for it  Powel deliver the deed first to cross and cross afterward deliver it to Powel  cross bring debt for this and all this matter be disclose by plead it be  thereupon demurrer by the defendant pretend that by this redelivery of the  deed unto he it have lose its force but all the court hold that it be a good  deed to both for here be a write seal and delivery and the delivery thereof to  the defendant be not material for if a deed he deliver to he cancel to the  party himself yet if it he not cancel and the other get it again it remain a  good deed wherefore it be adjudge for the plaintiff
case cross against talbot a person who be only retain as the servant of a  ambassador be not protect from arrest motion on behalf of the defendant to set  aside the bailbond give upon his arrest and that common bail may be accept for  he and he obtain a rule to show cause his affidavit show that he be retain as  valet de Chamber to m hoffman the duke of holstein resident here at twelve  pound twelve shilling per annum wage and ten shilling aweek board wage and a  certificate of this be produce under the resident own hand but it do not  appear that he either lie in the house or actual execute the office modern  report er p the court hold that he ought to be a domestic servant and real to  execute the duty of his office and that be a mere nominal servant be not  sufficient where a person do not execute the office for which he bath his  certificate but only get himself enter upon the listen to have the benefit of  a protection the court will not endure it Barnard king b see id note to former  edition a and they discharge the rule a great many case have be since  determine upon the same principle but it be in those case hold that the idea  of a domestic servant be not confine to his lie in the foreign minister house  provide he be a real servant to he and actual perform the service see Grotius  de jure Belli et peace bk c S the statute whether c and the case of Evans v  Higgs stram ld raym Widmore v alvares fitzg Heathfield v Chilton burr Poitiers  v Croza I black Rep triquet v bath burr Malachi carolina case will Holmes v  Gordon case t h lockwood v Cosgarne burr Tidds practice Hopkins v de roebuck  term Rep a
case cross against tyrer a averment can be make against a record   light a  Leon burr error of a judgement in the common plea the error assign be that the  defendant appear per I S attornatum suum and there be not any such I S in a  thing natard the defendant plead in nullo be erratum and so confess it the  court hold it to he no error for it be against the record for the court have  it upon record that he appear by such a attorney lnd the party be estopped to  say the contrary but he may have assign that I S have not any warrant of  attorney wherefore the judgement be affirm croak Elizabeth easter term  Elizabeth in the common plea sir Edmund Anderson Knt chief justice Thomas  Walmsley Esq John Glanville Esq George Kingsmil Esq justice sir Edward coke  Knt attorneygeneral sir t Fleming Knt solicitor general
case cross versus honour see note to Westhead v keen Beav and case there  collect eoden die in court Lord keeper Eq can ab a pl S c bill bring by a  obligee in a bind against the heir of the obligor for a satisfaction of the  debt out of asset but it be not show that the heir be bind in the bind a good  cause of demurrer bill bring by the obligee in a bind against the heir of the  obligor allege that he have asset by descent ought to satisfy this bind the  defendant demurrer because the plaintiff have not express allege in the bill  that the heir be bind in the bind and though it be allege that the heir ought  to pay the debt yet that be hold insufficient the heir be not bind by  obligation unless he be express name therein sheep touchst nor by deed unless  express name ib and the demurrer be allow in this case a plea and demurrer be  put in and both allow but without cost Reg lib a fol
case Crossman against read if a executrix marry the debtor of her testator the  debt be only suspend during the coverture and upon the death of her husband  his executor be liable   a more I Leon roll Abr side cro car   light b I salk  Cowp debt the case upon special verdict be a woman executrix marry with a  debtor of the testator the husband die and debt be bring against the woman who  plead riens inter mane and all this be find and if this be asset be the  question and it be adjudge that this be not asset in her hand for by the  intermarriage the debt which the executrix have in auter law be not extinct  but suspend and the action be revive against the executor of the baron and  compare it to Darcies case in the commentary folio
case crouch against giver a innuendo must have affinity to the matter  precedent   term Rep assumpsit for that the defendant in consideration of a  marriage c assume to give he One cubiculum innuendo the furniture of a chamber  and for nonperformance the action be bring and upon non assumpsit find for the  plaintiff and thirtysix pound give in damage coke move in arrest of judgement  that the breach be not well allege in not give the furniture of a chamber and  the innuendo here can have no such intendment and it be mere a collateral and  void matter as innuendo a horse for the innuendo ought to have some affinity  with the matter precedent Godfrey say the phrase of the country be so to give  a chamber upon the marriage the of me S the furniture c but the court contra  for privid fancy it be mere contrary except it have been so aver in plead and  it be adjudge for the defendant
case CROUCHS case Qucere if the copyholder of spiritual person may prescrihe  in non decimand see the continuation of this case post crouch copyholder of  inheritance of the bishop of Winton sue a prohibition for stay of a suit for  tithe surmise that he and all the copyholder of such a manor of the bishop  from time whereof c have hold their land discharge of tithe Tanfield move that  this prescription be too general and it can not he ood to prescrihe in non  decimand by the tenant Godfrey it be as good as for the farmer of a bishop to  prescribe to he discharge and that be rule in a case in this court in wright v  wright a Popham it be allow only for his demesne and that be in regard it be  to he intend that the bishop at first retain the tithe to himself of his own  demesne but it will he mischievous to allow it to all his copyholder Clench  and Fenner agree with he wherefore without permit any declaration or demurrer  thereupon they award a consultation unless other cause he show by such a day  gawdy absentee see Stevenson v hill burr
case CROUCHS case soldier arrest must find common bail and plea the statute in  his discharge hall move to have he discharge upon the late Act of parliament  for disband the army whereby soldier be exempt from suit for three year upon  affidavit holt chief justice all we can do be to order common bail but he must  discharge a Jones Poph latch b cro c say qure for in S c ld ray it be say the  case be adjourn and that afterward the party agree and therefore no judgement  be give modern report er p himself of the action by plead the Act c and the  plaintiff may traverse his allegation and so be the rule
case Crouthers case a constable may he indict for refuse on notice to pursue a  felon but the place of notice must he allege ante rawk p c I hawk hawk c S  Crouther be indict for that a burglary be commit in the night by person  unknown and I S give notice thereof unt he be then constable and require croak  Elizabeth er p he to make but and cry and he refuse c exception be take to the  matter of the indictment because it have be adjudge that a hundred shallnot he  charge with a robberycommitted in the night because they be not croak  Elizabeth bind to give attendance no more ought a constable to do it in the  night but all the court hold the indictment to be good notwithstanding for it  be not like to the case of a hundred because it be the constable duty upon  notice give unto he present to pursue and it be say that in every case where a  statute prohibit any thing and do not limit a penalty the party offend therein  may he indict as for a contempt against the statute another exception be take  because he do not show the place of the notice and that be hold to be material  whereupon the party be discharge
case crow against brown usurious contract plead in bar of debt on a bind a  usurious contract be plead in bar to debt upon a bind but it be not say that  the defendant be indebt to plaintiff at the time the bind be give or that  there be a agreement to lend money upon the usurious contract and for that  judgement be give for the plaintiff
case crow against mason a declaration of Michaelmas term the defendant plead  payment as to part since the last continuance the plaintiff demurrer it be a  discontinuance Jones clift more hob fort debt upon a bind the defendant plead  in bar as to part that after the last modern report er p continuance he have  pay so much which the plaintiff accept to which the plaintiff demurrer and it  be a declaration of Michaelmas term it be adjudge the whole be discontinue for  the plaintiff way have be to demurrer to the plea so far as it be plead as he  have cause to do it be after the last continuance and no acquittance plead or  produce and take judgement by nil to say as to the rest per cur
case crow case judgement in battery reverse for want of the quod to take in  hand post   b   a cro James Savil Com dig Poph sand error of a judgement in  trespass of assault and battery because the judgement be quod sit in pity  whereas it shall croak Elizabeth be quod to take in hand a Tanfield move that  this be for the plaintiff benefit and be the default of the clerk and so shall  not be assign for error but the judgement for that cause be reverse Edward pl  Elizabeth dyer
case Crowle against dawson if a man covenant that the woman be be about to  marry shall quiet enjoy all her good and after the marriage he take the good  and detain they it be a breach of the covenant wood convey ch S that edit by  Mr Powell Cowp dougl term Rep debt upon a obligation condition that whereas  the defendant shall marry such a widow who be possess of diverse good which be  her first husband S and the good of his child that her husband shall not  meddle with they but that she and her child may enjoy they without disturbance  claim or interruption of the defendant or any claim by he the defendant plead  performance of the covenant and agreement general the plaintiff assign for  breach that the say first husband be possess of such sheep and good and that  the wife have they before marriage and that such a day after the marriage the  defendant her now husband take the say good into his hand and they detain and  yet detain and issue thereupon and find for the plaintiff and move in arrest  of judgement that this be no sufficient breach for be do not show that the  husband make any act or disturbance for by the intermarriage the good be in  the husband and it be not show that he disturb the wife to enjoy they hide and  Jones justice be of that opinion but justice Whitlock and myself conceive  otherwise and that the breach be well assign for by the allegation that he  take the say good into his hand and detain they be suppose if not a forcible  yet at least a take and detain of they from the wife and issue be join and  find for the plaintiff the court intend not but that it be a unjust caption  and detention contrary to the agreement and afterward hide different opinion  upon the read of the book be of the same opinion whereupon absent Jones it be  adjudge for the plaintiff a see now will and Geo c hawk p c croak car er p
case crowther against wheat a writ alter after it be seal this be a great  misdemeanour to know facias be bring against the bail and their attorney  demand oyer of the writ and see many rasure and interlineation in it and for  that reason be do not make any defence but now move the court that all the  proceed thereon may be quash the court be of opinion that this be no ground to  quash the proceed for if any alteration be make in a thing immaterial after  the seal the writ there be no harm do and if in any thing material before the  writ be seal yet that will not vitiate it so the court will not quash it or  any proceed thereon but say if the motion have be make against the clerk who  raze it and it appear to be do after the writ be seal it be a misdemeanour and  punishable modern report easter term the ten of George the first in the court  of exchequer sir Robert Eyre Knt chief baron sir Francis page Knt sir Jeffere  Gilbert Knt baron sir Philip York Knt attorneygeneral sir clement Wearg Knt  solicitor general
case crowther versus Crawley strange strange a take a goldsmith note from b  who be his debtor when he may have be pay l ready money the goldsmith fail  before the money can be receive a shall bear the loss though no neglect in he  a man take a goldsmith bill from his debtor when he may be pay money afterward  and before the bill can be receive without any fault or neglect of he that  take it the goldsmith fail he that take the bill shall bear the loss and the  Lord keeper think it ought to be so always on a general take unless the party  who give the bill warrant it for a certain time for then it be his hazard  during that time
case Croyston versus bane refer to rondeau v Wyatt h Bl post pale yellow Chan  S c pale yellow case in equity Eq Abr S c pl Eq Abr c wms vezey Bacon Abr  title agreement brown Rep if on a bill bring to have execution of a parole  agreement the defendant by answer confess the agreement without insist on the  statute of fraud c the court will decree a execution because no danger of  perjury in this case the master of the roll declare that if a bill be bring  here for execution of a parole agreement which be in no part execute if the  defendant do by answer confess the agreement without insist on the statute of  fraud and perjury the court will decree a execution of the agreement because  when the defendant confess it there be no danger of perjury which be the only  thing the statute intend to prevent vide g cap which direct that all agreement  shall be make upon stamp paper
case crump against barne it be actionable to call a shoemaker a bankrupt rogue  for he be a trader within the statute of bankruptcy cro Elizabeth cro James  skin lev bull n p burr Com dig Bl Com Cowp action for word whereas the  plaintiff be a citizen of Gloucester and so have be for twelve year and use  all that time the trade of a shoemaker that the defendant to defame he speak  these word of he he be a bankrupt rogue a report under the name of  Beddingfield v freak cro Elizabeth more Owen gold a cro James Bulst b mich  James cro James c cro Elizabeth Godol croak car er p after verdict upon not  guilty plead and find for the plaintiff it be move in arrest of judgement that  these word be not actionable for bankrupt be not speak indefinite nor absolute  by itself but as a adjective to rogue so the word be extenuate also a  shoemaker be not such a person as may have a action for these word no more  than a labourer or husbandman for he do not live upon buy and sell or upon  credit but upon his manual labour but it be resolve that the action lie for  the addition of rogue to bankrupt do not extenuate but aggravate it and show  his malice and a shoemaker be such a person as be within the statute of  bankrupt for he life by his credit in buy leather and sell it again in shoe c  and not upon his manual labour only as labourer and husbandman do whereupon it  be adjudge for the plaintiff
case CRUNDELL against bodily if after a verdict for the defendant in ejectment  and cost tax the plaintiff bring error and pen it a new ejectment the second  action shall be stay until the cost in the first be pay S c stram ejectment  the defendant have a verdict and judgement and cost tax and then the plaintiff  bring a writ of error in the exchequerchamber and pen that writ be bring a new  ejectment it be move that he may not proceed on this ejectment until he have  pay the cost of the first modern report it be insist for the plaintiff that he  do not bring this writ of error to avoid the payment of the cost neither be  the verdict and judgement against he in the first ejectment any bar to his  bring another ejectment it be true it may be evidence against he but it be no  bar therefore this motion come too soon and ought to be suspend until the  error assign be determine in the exchequerchamber and the judgement either  affirm or reverse the court think it hard that the defendant shall be double  vex by the proceed on the writ of error and by a new ejectment therefore make  a rule that if the plaintiff proceed on the ejectment he shall pay the cost of  the first otherwise be shall not proceed on the second Robert v cook Mod short  v king I stram Parker v troublesome stram ginger v Barnardiston Bl Rep  Chadwick v law Bl Rep Hamilton v Hatherley stram and see hullock on cost to a
case crying Euhan against martell discuss Burdick v jewel Q b d App Cas the  property be consign by the bill of load and not by the invoice S c salk S c ld  ray action against the part owner of a ship call the Upton galley try at  guildhall verdict for the plaintiff and this point be save to the defendant  one Harvey load the good for which the plaintiff bring his action and consign  they to the plaintiff by a bill of load but the good appear by the invoice to  be harvey the question be whether Harvey or Evans shall bring the action and  the court be of opinion that the invoice signify nothing but that the  consignment in a bill of load give the property except where it be for the  account of another so that if a bill of load be make to a a have thereby a  ownership to maintain a action but if it be to a for the account of b then a  be only b s factor and b have the ownership and must bring the action and in  this case the action be well bring by the plaintiff a a Dugdale Orig Jur b see  will c S a see the case of knight v hopper holt Godfrey v Furzo Peer wms she v  Prescott atk DAguillar v Lambert Amb Lickbarrow v mason term Rep h Bl Rep  wright v Campbell burr jordan v James burr Soloman v Nissen term Rep Kinlock v  Craig term Rep modern report er p
case crying Euhan against warren queen whether it be necessary in a assumpsit  against a administrator upon his own promise to allege that he have asset a  Cowp assumpsit whereas Robert warren testator to the defendant be indebt to he  in twentysix pound the defendant be his administrator in consideration ind and  that the plaintiff will forbear to sue he until he have execution upon such a  judgement promise to pay within a month after execution obtain and allege in  facto that he forbear and that the other obtain execution and have not pay  after verdict upon non assumpsit plead it be move in arrest of judgement that  this be not any consideration to sue he be administrator unless it have be  allege that he have asset which be not do the court doubt thereof pro quo  adjournatur a
case crying Euhan and other against Pettifer Michaelmas term James roll bail  and principal can join in a writ of error SC comb cro car Writ of error by  principal and bail hold ill and that they can join accord to the case of  forest v Sandland Hobart
case cubit against Harrison tender no plea in trespass ante trespass de herb  devascend cum averiis c the defendant plead tender of so much for amends to  the plaintiff who refuse it be not sufficient and it be hold to he no plea  accord to Henry pl by James c a defendant in trespass quare enclosed space to  break in pieces may plead a disclaimer and that the trespass be involuntary  and that he tender sufficient amends before action bring
case CUDDON chamberlain of London against provost a bylaw create a penalty for  not weigh good sell by foreigner at the ancient beam of the city of London be  good a return be upon a habeas corpusBut it be settle in the case of Ballord v  Bennet that except in London the court of king bench will not enter into the  validity of a bylaw upon the return to a habeas corpus burr a that London be a  ancient city c that time out of mind there be a ancient beam keep at the  charge of the city for the weigh of all such good as be usual buy or sell by  weight in London at which all foreigner ought and time c use to weigh all such  good c and then set forth their custom of make bylaw for explanation of their  custom and that by a bylaw make at such a time the same as in the case of  Barnardiston lev the exception in barnardiston case be saint that the bylaw  for bring all good usual sell by weight to the citybeam be unreasonable dly  that the bylaw be unreasonable in respect of the penalty and the inequality  thereof dly that this bylaw take from the subject diverse privilege that the  law allow as essoins c thly that the bylaw restrain the action to their own  court thly that it do not appear he have notice of the bylaw b videlicet that  modern er p every foreigner who shall sell good usual sell by weight without  have first weigh they at the common beam shall pay thirteen shilling and  fourpence for every weight that defendant be foreigner c and all the exception  take in that case be insist on here and yet the court after great  consideration award a procedendo accord to the say case
case CUDMORE against else statute of limitation not pleadable to a current  account case Ch vezey Mod Mod ld ray burr common bail be sufficient where the  action be misconceive the statute of limitation be not pleadable where there  be a current account but if it be a state account above six year ago it be  pleadable to it a a it be a attachment out of the court of king bench against  the defendant for a contempt S c ld ray b the sheriff may take bail on a  attachment of privilege on a attachment upon a prohibition and on attachment  in process Burton v law style say v Ellis black Rep but all the judge be say  to have resolve on consideration that a sheriff can take bail on a attachment  for a contempt Anonymous stram field v workhouse comy Rep Studd v Acton h Bl  Rep a that the court will not change the venue in a action of debt on bind  except on special ground see side stram term Rep Tidds practice a coal v  Harris espin dig bull n p modern report er p in account common bail suffice  and per holt chief justice when upon contest about common or special bail it  appear that the plaintiff have misconceive his action and that if any action  lie it be of another sort there common bail ought to be accept
case CUDMORE against loom Hilary term car roll a declaration in assumpsit in a  inferior court state that the defendant be indebt within the jurisdiction be  bad unless it also state that the work be do the money lend or the good sell  and deliver within the jurisdiction SC Mod SC comb SC holt Lutw to Writ of  error to reverse a judgement give in Exeter court after a verdict upon non  assumpsit plead the exception I take be that the defendant be say to be indebt  at Exeter within the jurisdiction of the court for diverse ware and  merchandise shower KB sell and deliver by the plaintiff to the defendant and a  quantum to deserve for work do and a accuse computasset c and do not say the  work be do or the good sell and deliver at Exeter and hold nought though it be  lie indebitatus at Exeter and this have be allow for error in abundance of  case see lev c but Wythens justice say that be it to be adjudge de to make new  he will intend it sell there however there be such a multitude of precedent  the judgement be reverse upon my motion and methinks there be a great deal of  reason for it for a man be indebt wheresoever he come but yet in inferior  court to entitle they to a jurisdiction the debt ought to arise within the  same and so it ought to appear a
case CUDMORE against tripe assumpsit in a inferior court omit to allege that  the work be do or the good deliver within the jurisdiction be erroneous S c  comb S c holt S c show show salk Mod sand will Writ of error on a judgement  give in the ProvostCourt at Exeter where the plaintiff declare in a  indebitatus assumpsit and also in a quantum to deserve but in the quantum to  deserve do not say that the cause of action be infra jurisdiction curiae  Carthew if it have be omit in the first promise I confess it have be ill but I  conceive the infra jurisdiction in the indebitatus assumpsit go to all holt  chief justice indeed there want the adtunc et ibidem let judgement be reverse  in a inferior court the declaration must in every count not only allege that  the money be have and receive within the jurisdiction but that the defendant  promise to pay within it Trevor v wall term Rep or the defendant may take  advantage of such defect on a writ of error or false judgement Roland v veil  Cowp but if the cause of action do not arise within the jurisdiction the  defendant must avail himself of it by plea in the court below Cowp a
case cule against EXECUTORA OF thorn in assumpsit the contingency upon the  event of which the cause of action arise must be express aver cro James Mod  assumpsit whereas thorn the testator in consideration that the plaintiff will  marry his daughter Sarah promise to give he in marriage with her as much as he  give in marriage with any other of his daughter and allege in fact that he  marry the say Sarah and that the testator have three daughter Alice marry to  Elkin and whether and the say Sarah and that he give in marriage to the say  Elkin with the say Alice a hundred pound and give to he a board of one hundred  pound to pay to the say Elkin fifty pound more at three month end after his  decease if the say Alice or any issue of her body be then live and assign for  breach of the promise that he have pay to he only forty pound in his life and  that he have require of the defendant his executor to who asset be leave the  say sixty pound residue and a bind for the payment of fifty pound more and  aver that the say Alice have such issue alive and for not pay of sixty pound  residue and not deliver the bind he bring this action the defendant plead non  assumpsit and find for the plaintiff and damage assess to seventy pound and it  be move in arrest of judgement that this breach be not well assign first  because he promise to give as much as he give with any other daughter and that  extend to as much as he give in money and not to the bind second if it extend  to the bind yet it ought to have be aver that Sarah or some of the issue of  her body be alive and not that Alice and the issue of her body be alive and so  the breach be ill assign and the damage be entire judgement ought to be for  the defendant and all the court be of this opinion but chief for the second  point but as to the first some of they conceive that it extend only to money  present give but they agree not therein but in the last they all agree  whereupon it be adjudge for the defendant
case CULLIER and CULLIER the oath ex duty can be administer in a lihel for  incontinency post more cro James command they be sue in the spiritual court  for incontinency and the judge there will examine they upon their oath a if  they do it but because no one holding to put forth he himself in such case of  defamation but only in cause testamentary and matrimonial where no discredit  can he to the party by his oath coke pray a prohibition and it be grant
case CULLIFORD against CORDONMY bind for deputy to have half the profit of a  office which be within the Edward be good not be for sum certain S c comb S c  salk S c holt S c comy Rep if a deputy give a bind to account for the profit  he receive and to pay his master half of they that be not within the statute  of Edward c for it be reasonable that a king v south Marston stram b king v  harely andr but see king v forest term Rep modern report er p the deputy shall  be pay for his pain if it have be for a sum in gross or the payment of a  annual sum not issue out of the profit of his office it have be ill but this  well enough judgement for the plaintiff a
case CULLIFORD vers CARDONELL bind for deputy to pay half the profit of a  office be within the stat Edward c to the principal and to retain the other  half to himself be good otherwise have it be for a sum certain salk S c comb S  c Mod SC holt SC burn ecclesiastical law p Gib cod in debt upon bind the  defendant demand oyer by which it appear it be make to render a account to the  plaintiff of the profit of a office in the customhouse and to pay he the  halfpart of they and afterward plead that by the statute Edward cap comens if  any person shall sell any office or deputation of any office c or take any  money bind c for any office or deputation of any office which concern the  administration of justice c or any of the king custom c be shall forfeitAnd  the king can restore he for a person disable by a statute can be enable by the  king hob Inst hawk p c that edit p office and right of deputation c and such  bind shall be void and that the defendant be make deputy to the plaintiff in  his office in the customhouse who take his bind corrupt for the grant of such  deputation upon which there be a demurrer and adjudge for the plaintiff for  his bind be not within the statute of Edward be only for part of the profit  which the defendant receive comens er p and be no more than if the plaintiff  make a deputy and allow he a salary for here he allow the defendant a moiety  of the profit for his salary and the security take for the other moiety be not  a sale or corrupt bargain for the deputation otherwise if the defendant have  give a sum in gross at first or have give covenant for a certain sum to be  annual pay the plaintiffIt be determine in the case of Blankard v Galde salk  comb SC Mod SC holt SC p wms burr ld raym that this statute extend not to  Jamaica or to the colony judgement for the plaintiff
case cumber against bishop Chichester and green incumbent Trinity term James  roll within what time the king shall present to a lapse benefice ante dyer a    a cro Elizabeth Owen more Lut hob Brownl stram Bac Abr to Rep judgement in  quare hinder quare hinder for the church of SouthEase in Sussex the court hold  clear first that if title of lapse accrue to the king and the patron present  yet the king may present at any time as long as that presentee be parson but  if the presentee die or resign before the king have present the king have now  lose his presentment except the resignation be by covin with a intent to take  away the king title for the king shall not lose it thereby but shall have his  presentment second that if the king have title by lapse because a parson have  take a second benefice if the parson die or resign the first benefice and the  patron present who presentee resign upon covin or die the king have lose that  presentment for lapse be but only et neighbor vice and so it be adjudge in  Michaelmas term and Elizabeth in Cornwall case three if in quare hinder for  the king the king and party be at issue which be find against the king and  title appear for the king by nient dedire of the party yet the court shall not  adjudge for the king otherwise it be where the party confess the king title
case cunningham against huge hare in the exchequerchamber a venire facias may  be award to a castle roll ab   light b hob   a a verdict enter to have be give  by thirteen juror may be amend by the distringa a court of error may amend a  record before its removal error of a judgement in the king bench wherein debt  upon a obligation the condition be if such a one appear in the king bench the  next term follow and put in good bail at the suit of the say Hugh hare that  then c he plead that the term be adjourn to the castle of Hartford and that he  there put in good bail the issue be that he do not put in good bail and find  for the plaintiff and judgement for he and now error assign because the venire  facias be de vicineto de Hartford where it ought to have be de castle de  Hartford and this be hold to be a manifest error by all the judge and baron  for castrum Hartford be a distinct name of a place as manor de d and it be not  like to what be object that where a thing be allege to be do at the capital  message of d there the venue shall be of d for that be intend to be all one  with the will but castrum Hartford be intend a distinct place by itself and so  it be say be all the precedent where thing be allege to be do at castrum Ebor  at castrum norwic there the venue be de castle another error assign be because  it appear upon the record that the verdict be give by thirteen juror and be so  enter on the record but because it be only the entry of the clerk of the  assize and by the writ of distringa which be the warrant of the record and  wherein all the juror be swear it appear that twelve only be swear the other  be but a misprision it be award to be amend and it be here hold that a  amendment may be as well here as in the king bench before the record be remove  a a see Geo c croak James er p
case curry and his wife against Stephenson a administrator be not bind by  James c until six year after administration grant S c skin SC salk the  plaintiff William curry and whether his wife as administratrix of one Jackson  bring a action on the case against the defendant in which they declare that  the defendant be indebt to they in the sum of twentyfive pound for so much  money receive by he for the use of the say Ann as administratrix c and be so  indebt promise to pay it c the defendant plead quod causan act non to grow  progressively infra sex aged prox ante display billae the plaintiff reply that  administration be grant prout in the declaration so that the cause of action  do arise within six year c but the replication conclude to the country and  upon a demurrer and joinder in demurrer judgement be give for the defendant  because the plaintiff shall have aver their replication and not have make that  conclusion for by that mean the defendant have no opportunity to answer it it  be also object that the plaintiff have not well entitle themselves to this  action because it be not in the right of the man but of his wife as  administratrix but to that it be answer that the precedent and authority be  otherwise for in Hilary term in the three year of William the three a  administrator bring a action against a executor and declare in a indebitatus  assumpsit for so much money by the testator for the use of the plaintiff ut  administrator have and receive and judgement be affirm upon writ of error in  this court modern er p
case curtain against savel and three other if a appellant he nonsuit by one  appellee it discharge all the other as to the appeal post roll ab dyer Inst  side hawk appeal for the death of her husband upon several issue plead the  plaintiff be nonsuit upon a trial against the one and whether that shall he a  nonsuit a and Owen salk say vide ante style side peer will croak Elizabeth er  p against the rest be the question and the whole court hold it to be a nonsuit  against they all wherefore as to the suit of the party it be rule that he  shall be discharge but hold that the other who be not try shall he arraign  upon the declaration at the queen suit
case curtis against bourn tenant in common need not join in a action of waste  S C keb in waste one tenant in common bring a action of waste alone the  question upon the plead be whether he shall not have join with his companion  Scroggs sergeant for a authority that they shall join in this action cite roll  Abr pl ill where it be say that if a reversion be grant to two and the heir of  one of they yet they must join in a action of waste Pemberton sergeant answer  that roll cite that case in his abridgment out of the Inst which seem to be  the opinion of Lord coke ground upon the authority there cite in the margin  which he say do not warrant any such opinion the difference upon the book be  where one tenant in common demand a intirety the writ shall abate and  therefore in the case of hill v heart where the plaintiff have only a three  part of a reversion in common it be hold that he shall not have a action of  waste alone because it will be very inconvenient that the three part shall be  deliver in execution modern it be true they shall join in the personalty where  damage be to be recover but they shall always sever in the realty and  therefore in this case waste be a mix action and favour of the realty that be  the more worthy draw over the personalty with it and therefore the action by  one alone be good but if they have make a lease for year then they shall have  join in a action of waste and of that opinion be the whole court
case CUSACKS case how a prisoner in the custody of the marshal of king b on a  execution out of sheriff court shall be discharge cusack be condemned in the  sheriff court in London for debt and take in execution afterward by a habeas  corpus upon suit in the king bench the say execution with other cause be  return whereupon he be commit to the marshal in execution for that debt and  other his execution in the king beach and now all the execution in the king  bench be discharge and the judgement in London reverse by a writ of error in  the husting the question be how he shall be discharge of this execution for  this court have no record of the execution but by the return of the habeas  corpus and of the reversal of that judgement they have not any record but what  be only surmise and they may not award a certiorari to London for they there  will not return it a whereupon it be advice that all matter here concern that  execution be discharge he may be remit to London for that cause and there be  discharge vide Edward pl Edward pl Henry pl dyer a by the grant of a office to  one who hold a office incompatible with it the first office be void Inst dyer  side Jones vide post side Henry pl cro Elizabeth and see the case of Milward v  thatcher term Rep a say vide raym Mod Mod hard keb side burr Bl Rep Com dig  hawk p c croak car er p
case cut against Wilkins if a declaration contain two count one good and the  other have a entire judgement that the plaintiff do recover his damage  aforesaid be erroneous S c Mod S c salk S c lily Ent S c holt the plaintiff in  the original action count upon a note Payable to he or order modern report er  p accord to the custom of merchant and further count upon a assumpsit for  money receive to his use judgement by default and several damage but a entire  judgement quod recupere financial loss predicta whereupon error be bring wield  for the defendant in error to support the judgement insist that though the  action accord to the custom of merchant do not lie in this case a but see  whether c a yet the damage be several and judgement quod recupere financial  loss predicta it shall be take as a several judgement and not joint and  therefore if judgement be reverse for the damage give on the have count yet it  shall stand for the rest and insist on the case of mile v Jacob b hob cro  James roll b and the case of Reynolds v Grimstone c more c which be express in  point Pengelly for the plaintiff in error insist that the first count be not  good for that there be no consideration accord to the case of clerk v person  and Goddard v smith e Mod salk salk salk post holt e adjudge in this court  modern report and as to the point though the damage be several the judgement  be entire and must be reverse in the whole and deny the authority of the case  of mile v Jacob f cro James f which have be contradict by many judgement since  g as cro James Lloyd v pierce roll keb style Gregory v eades vent g and the  plaintiff ought to have remit his damage on the insufficient count accord to  the case of Pinkney v east hundred in Rutland h sand h the court be of opinion  to reverse the judgement in toto and deny the authority of mile v Jacob for  the judgement be entire can be reverse in part and the judgement be reverse  nisi I see Eddowes v Hopkins dougl grant v astle dougl I
case cuthbert versus peacock Lord chancellor Nov salk S c parole proof allow  as to a man intention in a will where the question be whether a legacy shall  go in satisfaction of a debt due from the testator to the legatee post can  king testator indebt to his niece Frances pound by bind by will give her pound  the bequest be pound to be aid his niece Frances in eighteen month after his  decease and if not then pay to be pay with interest for the same at the rate  of pound par cent per and till pay and charge all his real and personal estate  with the payment thereof Reg lib a fol and pound apiece to her sister and  afterward by a codicil reduce the legacy of pound to pound apiece to his other  niece but say nothing as to his niece Frances and afterward borrow of his  niece Frances pound more Vernon chancery case question be whether the pound  legacy shall go in satisfaction of the bind Lord chancellor the construction  of make a gift a satisfaction have in many case be carry too far that it be  reasonable in such case to admit of parole proof as to the testator intention  vide fane v fane ante vol p and case cite in not there and upon read the proof  decree the pound legacy and interest after the rate of pound per cent to be  compute from eighteen month after the testator death r l over and above the  debt for otherwise the favourite niece as Frances be prove to be deduct the  pound and interest due to her out of the pound there will not remain above  pound and she reduce to a less legacy than what be give to her sister contrary  to the testator intention
case cutler against Goodwin a release of part of the damage do not release any  of the cost give by the jury Branthwaite this be a writ of error on a  judgement in the common plea there be several count in the declaration one be  have and a remittitur as to damage on that count hob and I pray that judgement  may be affirm reeves there be several damage and entire cost the damage be  release to one count and entire cost take the case of entire damage be not the  same as this for if any count be good the plaintiff be entitle to the whole  cost which be the expense he have be put to damage be for what arise before  the writ bring baker case   cost must be entire and can be separate for every  count as damage may   Pratt chief justice the jury give but the common cost  and the master tax the rest and consider and increase they only in respect of  such count as be good there be a infinite number of record that be so  therefore per totan curian the judgement be affirm
case CUTTERBACK versus smith post pale yellow Ch vern vern roll Abr pl viner  title payment Hardress Chan case Hobart wms strange atk e contra post cro car  dyer sir t Jones Leon Mod Mod wms wms case tempt Talbot atk brown Rep where  land be devise to executor to be sell for payment of debt the money become  legal asset and debt shall be pay in a course of administration a man devise  land to a and b in trust to be sell for the payment of his debt and make the  same person executor and the only question be whether bad debt shall have a  preference or all debt be pay acquire step the difference be take when the  same person that be trustee to sell the land be executor likewise and where  not for in the former case after the land be sell it be asset even at law  precedent in chancery er p and therefore to decree they to pay otherwise than  accord to the legal course will be to decree a devastavit my Lord keeper take  time to consider of it and afterward deliver his opinion that bind debt must  be prefer and the d December at powis house in the case of Beckman versus  freeman post be a like decree and difference
case DABRIDGECOURT against SMALBROOKE a assumpsit will lie on a promise to a  undersheriff to indemnify the sheriff against a escape in consideration of his  deliver the warrant to a particular person ante post SC Owen   b roll Abr Leon  Leon term Rep b r Assumpsit that whereas the defendant have recover a debt  against lane and have a capias ad to give satisfaction direct to the sheriff  of Warwick and deliver it to the plaintiff be then sheriff there in  consideration that he will make I S who the defendant do then name his special  bailiff to serve his process that if the say lane do escape he will take no  advantage against the plaintiff whereas in truth the delivery of the writ and  the promise be to S undersheriff of the plaintiff and not to the plaintiff  himself and allege in facto that he at the defendant request make I S his  special bailiff who arrest the say lane and suffer he to escape and that the  defendant against his promise have take advantage of this escape and have sty  he and recover so much c and upon non assumpsit plead it be find for the  plaintiff and it be allege in arrest of judgement that this be no  consideration and that the promise be against the rlen c io curian a assumpsit  be within the statute and be as void as a obligation but here it be not  contrary to the statute croak Elizabeth and it be a good consideration that he  shall make one his special bailiff which otherwise he will not do nor trust he  but will have make his warrant to his own bailiff which be swear and  peradventure bind to save he harmless against escape c and it be adjudge for  the plaintiff a
case DAETH against baux a wife may sue in the spiritual court for her share of  a intestate relation estate under the statute car c without her husband the  court be move for a prohibition to the spiritual court for suffer a feme  covert to sue single upon the statute of distribution because it be for a  property so vest in the husband that it may be release by he modern report the  court say that no prohibition lie for this be a choose in action and so much  the wife that she shall have it by survivorship and if the husband have be  join in the suit it will have be only for conformity this case differ not from  the case of a legacy for which it be the course of the spiritual court to  admit feme covert to sue alone but suppose it be not the practice of the  spiritual court to suffer a feme covert to sue without her husband the party  remedy be by appeal not prohibition however a short day be give to show cause  dr pinfold upon the last day of the term argue against the prohibition because  it be a case where the spiritual court have confess a jurisdiction and  therefore they ought to proceed accord to their own rule that accord to these  rule a woman though a feme covert be admit to sue sole in every one of the  follow case videlicet first when executrix second when administratrix three  when legatee fourthly when legatary five when defame six when defame that if  this be not so the party shall have appeal not move for a prohibition in argue  for the prohibition the most material thing reply to be that though the  ecclesiastical court have jurisdiction in this matter yet derive this  jurisdiction from the temporal law videlicet the statute of distribution they  ought to conform their proceed to the rule of commonlaw the court say that so  they ought in matter of substance but not in matter of form as this most  certain be
case DAFFERN versus bolt refer to sub nom Dafforne v goodman Bartlett v green  sim question lion v Mitchell mad see also peacock v Spooner vern July vern S c  freeman S c vern S c cite fearne count Rem to e contra wms vern vezey wms  brown Rep trust of a term for year limit to a for life and after his death to  the heir of his body vest in they by purchase and not by way of limitation so  that a have no power to dispose of it beyond his own life a term for year be  assign to I S in trust to permit I bowl to enjoy the profit so many year of  the term as he shall live and after his death in trust to permit precedent in  chancery er p jane his wife to enjoy the profit for so many year of the term  as she shall live and after their death in trust to permit the heir of the  body of jane to be beget to enjoy the premise during the residue of the term  the only question in this case be the same that be make in the case of peacock  versus Spooner videlicet whether the word heir of the body be word of  limitation and so the term disposable by jane or whether they be word of  purchase this case be debate before my Lord chancellor the that of march last  and he then say he will not be bind by the precedent of peacock versus Spooner  vern S c I Eq Cas Abr pl S c if he can find any difference in the case but if  they be precise the same he can not depart from it and take till this day to  consider of it he mention precedent in chancery Cranmer be case in dier and  say that the word heir of the body be word of purchase not of limitation and  that he have consider of peacock and Spooners case and that be a strong case  than this and a plain affectation of a perpetuity de boundary S mich in curian  porter
case dag against PENKEVEN the word draw a man to perjury shall after verdict  be intend suborn he to perjury ante error in the exchequer Chamber of a  judgement in the queen bench in a action for these word thou art not so honest  a man as thou take thyself for thou have draw such a man to perjury the error  assign be that a action lie not for these word for it be not say that he have  suborn any and it may be say draw because he be examine upon interrogatory in  a suit wherein he be perjure but all the justice and baron hold that the  action well lie for the word be of the same sense and shall he take on the  worst part wherefore the judgement be affirm
case dair against the earl OF stamford motion for prohibition to the chancery  sir Bartholomew shower move for a prohibition to the court of chancery upon a  writ of sequestration out of that court whereby land be sequester and suggest  that the chancery be only a court of equity have only jurisdiction over person  in case of disobedience to their decree and not otherwise and he affirm that  though it be call the high court of chancery yet if it shall go against law or  exceed its jurisdiction it will be under the control of the court of king  bench for they upon habeas corpus will deliver one modern report illegal  commit by they and he say that at first these sort of sequestrations be only  grant in case of personal duty concern land but they ought not to sequester  land for a debt arise upon a personal contract not concern the land sequester  holt chief justice you move for a stranger to the bill and answer and proceed  in chancery and therefore you must take your remedy at law you do not tell  that you have bring trespass against this sequestrator and that they stop you  by injunction out of chancery and no more be do in this matter note I have  beard the master of the roll say that that way of sequestration seem now to  have the countenance of a Act of parliament for that the statute of will do  recite it and allow it vide statute
case Dalby against cook Michaelmas term James roll to a assumpsit on a accuse  computassent the defendant may plead a bind in payment and traverse the time  of settle the account ante SC Yelv SC Bulst clift cro car ray Jones cro  Elizabeth Mod Cowp assumpsit suppose that such a day James upon a account  betwixt they the defendant be find in arrear in such a sum and assume to pay c  the defendant plead that such a day James they account and then he be find in  arrear such a sum as the plaintiff suppose and that the same day he make a  obligation for the payment thereof and traverse that at any other day after  the obligation make they account together prout c it be thereupon demurrer for  that the account which be cause of the assumpsit be not traversable no r the  time for it be but a inducement and conveyance to the action the court hold  that the account which be the ground of the promise be well traversable  wherefore it be adjudge for the defendant
case Dalby against DORTHALL and his wife Michaelmas term car roll husband and  wife may join in a action of conspiracy for malicious prosecution against they  both or the husband may have it alone for though it be for a tort yet it be  ground on one entire record ante Jones cro James Com dig to Rep error of a  judgement in a action on the case in nature of a conspiracy for cause they to  be indict of felony false and malicious and to be detain in prison until what  time they be acquit ad damnum Self c upon not guilty plead a verdict be find  for the plaintiff and judgement be give for they the error assign be because  it be ad damnum Self whereas a wife can join with her husband for damage for  it be a several damage to either of they Berkley justice upon the first motion  be of that opinion for it be a several wrong to either of they and the wife  may not join for a tort do to her husband but I hold the contrary because it  be ground upon one entire record by which they be both prejudice and they may  join if they will or the husband only may have the action for it that he be  damnified whereupon it be adjourn the other send away a     f n b side cro  James cro car stram b Plowd croak car er p
case dale case in deceit for sell good as his own it must he aver that the  defendant know the fact to he false cro James show roll Rep salk dougl term  Rep deceit for that the defendant sell to the plaintiff certain good as his  own good where in fact they be the good of a stranger it be allege that the  action do not lie because it be not allege that the defendant sciens that they  be the good of a stranger and for that reason periam and Wyndham hold the  action do not lie but if it have be so allege the action do lie for it may he  the defendant do know no otherwise but that they be his own good but if he  have affirm they be his own good then the action will lie Anderson contra for  it shall he intend that he that sell have knowledge whether they be his good  or not ass and it be afterward adjudge against the plaintiff
case dale versus Smithwick eoden die one borrow pound of a and as a security  give he a warrant of attorney for a judgement in ejectment of three close of  land upon a feign demise for year this be a defective security but a good  agreement in equity to charge the land the plaintiff lend seventy pound to the  defendant S uncle and for his security take only a warrant of attorney to  confess a judgement in ejectment of three close upon a feign demise for twenty  year per cur it be a defective security and amount to a good agreement in  equity to charge the land and decree it accord against the heir with interest  and cost unless the debt claim by the plaintiff be pay within three week and  without further account or trouble and then to be exempt from pay either  interest or cost Reg lib a fol there be also a question of notice as to a  purchaser one of the defendant of a judgement that have be enter up and who  have take in a mortgage to protect his title and it appear to the court that  he have notice it be declare that the plaintiff be entitle to the benefit of  his security Reg lib a fol so a recovery though defective as to a tenant to  the prcipe sufficient to bar a equity Beverley v Beverley ante quo a if the  judgement in the principal case may not have be enter up notwithstanding the  death of the party vide ode v uvoodward raym salk SC and in Lucas v Viccarage  in b r Tr Geo d a old judgement be allow to be bring in on condition not to  docket it
case Dalston against thorp Michaelmas term Elizabeth Eborum appearance and  pleacures antecedent error in the writ and process ante will Cowp error of a  judgement in the common plea in debt upon a escape the error assign be for  that he original writ have not the sheriff name to the return thereof accord  to the statute of York Edward and for this cause it be move that it be error  and the judgement reversable but in regard the defendant have appear and the  plaintiff have count against he upon the record of the recovery and the  defendant have plead nul liel record it be hold not to he material although  the writ have not be return for he shall never take advantage after appearance  and plead of such a misprision nor of the misawarding of mesne process  wherefore the judgement be affirm
case dalton against barnard Trinity term James roll venire facias ante post    light a roll ab hob       trespass whereas he be seize in fee of the manor of  Ruskington in Ruskington and Lesingharn and he and all who estate c have have  estrays within the manor as to his manor appertain that the defendant October  James one ox come as a estray into the say manor at lesingham aforesaid take  and carry away the defendant plead non worthy of blame and be find for the  plaintiff it be move in arrest of judgement that the venire facias be ill  award for the venire facias be of lesingham where it ought to have be of the  manor of Ruskington or from both will videlicet Ruskington open space  lesingham say non allocatur for it do not appear that the prescription be in  question as now it ought to be bring but the trespass be allege in lesingham  and he plead non worthy of blame which may be for that he never take the ox or  for some other cause the venire facias be therefore well award it be therefore  adjudge for the plaintiff a vide ante p croak James er p
case dalton against Hamond the nonpayment of a unreasonable fine where the  custom be uncertain be no forfeiture of a copyhold where it be certain it  ought to be pay on admittance and where there be several estate there must he  several fine ante SC   SC I roll ab SC more   light b   Cop pale yellow ten  Mod wood Inst Mod fitzg peer will peer will ld ray stram burr dougl  Ejectionefirmce upon a lease of Hoherts the defendant hein tenant to one  Luther a copyholder of the manor of Stanstead it be hold per curian that if  the lord demand a unreasonable fine of his copyholder where the fine be  uncertain if he deny it it be not any forfeiture of his copyhold and it as  rule as it be cite in one Hoddesdens case it be also hold that where the fine  be certain the heir ought to tender it upon his prayer to he admit otherwise  the lord be not bind to admit he but where the fine be uncertain he need not  to bring it because he know not what he ought to bring but the lord ought to  assess a fine and admit he and he ought to have convenient time for the  payment thereof and if he pay it not the lord may seiza all as forfeiture it  be also resolve that if diverse copyhold descend to one heir the lord can  demand one fine for they all but he ought to demand several fine for  peradventure croak Elizabeth the heir man accept of the one at the fine assess  and refuse the other upon such fine
case dalton against selly money can be attach before it be due ante post r Abr  side Leon con I Bac Abr debt it be hold per curian that a foreign attachment  can be of a debt before it he due and therefore whereas one be indebt in a sum  of money to he pay at Michaelmas and it be attach before Michaelmas but the  judgement of the attachment be not till after Michaelmas it be clear hold to  he void because it be not due when attach a see Ann c croak Elizabeth er p
case dalton against SHEFFINGTON Trinity term Elizabeth roll variance ante  error to reverse a outlawry the original be Shefffington and the mesne  procesSkeffington and for this variance it be reverse croak Elizabeth er p
case dalton against the bishop OF ely usurpation shall bind the bishop who  suffer they but not their successor Jones hob blow   light quare hinder where  a bishop suffer a usurpation of a church in right of his bishopric that it  shall not bind his successor but himself only during his time and if a bishop  be purchaser of a advowson in right of his bishopric and suffer a usurpation  yet that shall not bind his successor as Hobart hold but as to the principal  point he say they be all resolve that usurpation shall bind the bishop who  suffer they but shall not bind their successor and so of descent for it be  within the statute of Elizabeth c which restrain alienation and grant by  bishop c wherefore it be adjudge for the defendant croak throw michaelmas term  l James in the common plea sir Henry Hobart Knt chief justice sir Humphrey  winch Knt sir Richard Hutton Knt sir William Jones Knt justice sir Thomas  Coventry Knt attorney general sir Robert heath Knt solicitor general
case dame ellen williams versus sir bowcher wray pre Ch S c Eq can ab pl S p  whether a dowress shall be relieve in equity against a term for year sir  Griffith William by settlement be tenant for life remainder to his son sir  William William in tail with power to grant a term of ninetynine year of land  within five parish Vernon chancery case in a bill by sir bowcher Wray to set  aside the ninetynine year term make of the land in five parish it be decree by  the Lord keeper wright that ejectment shall be bring upon the term of  ninetynine year and consequent the widow will be evict of dower now upon a  bill of review the case cite for the plaintiff be ball case Watts v ball p wms  S c where the inheritance be in trustee for payment of debt yet decree the  husband shall be tenant per courtesy Worthington and Fletcher tenant by  courtesy decree of a trust so the case cite in note to Sweetapple v bindon  ante note the case of Worthington v Fletcher here mention be probable Robinson  v Fletcher cite in lady dudley case pre Ch and more full from the register  book by sir Joseph Jekyl in bank v Sutton p wms this however be a case of  dower out of trust estate lady dudley case at the roll Lord Dudley and ware v  lady Dudley pre Ch Sweetapples case Sweetapple v bindon ante quod vide and  case cite in not there for the doctrine on courtesy as to the principal case  vide note to Wray v lady William ante p p wms the money to be lie out in land
case dame killigrew case queer against who the judgement in dower shall he  give where the tenant vouch the heir who enter into warranty post   light  dower the tenant vouch the heir and pray he may he summon in the same county  and he be summon and enter into the warranty and confess the dower it be move  against who the judgement shall he and the court be in great doubt for it do  not appear that the heir have sufficient to render dower for it will he in  vain and a great mischief to the demandant if they give judgement for her when  peradventure the heir have nothing or not sufficient to render dower and they  command precedent in this case to he search
case dame mary vernon relict of sir thomas vernon of Hodnet plaintiff jones  squibb Tilson all defendant Nov Eq can ab pl pre Ch Freem S c a devise land to  trustee to pay his debt and then to pay his wife pound per and for her life  testator life several year and his debt be increase from pound to for pound  whereof his say trustee be bind a the testator by deed and fine convey his  land to his say trustee to sell to pay his debt and the surplus to he and his  heir and his wife join in the fine and conveyance whether this be a revocation  of the wife pound per and or whether she shall have the pound a year out of  the surplus of the money after the debt pay decree for the wife quaere sir  Thomas Vernon in by will devise several manor and land to Jones all to pay his  debt then to pay two hundred pound per and to the plaintiff for her life and  to make provision for young child sir Thomas Vernon live many year afterward  his debt increase from two thousand five hundred pound to ten thousand pound  or thereabouts and Jones and squibb be bind with he for payment of about eight  thousand pound sir Thomas Vernon convey all the premise to the defendant and  their heir to sell to pay his debt and the surplus to he and his heir in which  conveyance the now plaintiff join and levy a fine to bar her dower and to  corroborate the security the question be whether this conveyance shall amount  unto a revocation of the will as to the two hundred pound per and thereby  devise to the plaintiff for life or whether the surplus after the debt pay  shall not be liable to the two hundred pound per and decree pro quer Q the  decree be that notwithstanding the subsequent deed of trust the say will do  subsist as to the plaintiff annuity c Reg lib b fol note the circumstance of  the plaintiff join in the deed and levy a fine do not appear vide Perkins all  v walker ante Vol sparrow v Hardcastle atk rider v wager p wms and case there  cite
case dame morrison against cade Hilary term James roll I have have the use of  her body be actionable word though speak by way of report but it must be aver  that no such report be make post roll Abr Bulst lev march Bac Abr term Rep  action for word whereas she be a widow and in communication with the earl of  ken about her marriage that the defendant say Askot have report that he have  have the use of her body innuendo that he have carnal copulation with her  where in fact he never make any such report and show that the earl of ken and  other be suitor to her for marriage croak throw and by reason of that scandal  desist his suit the defendant plead not guilty and find against he to two  hundred pound damage and it be move in arrest of judgement that the word be  not actionable for the first word may have a good intendment as a physician  may have the use of her body c and the innuendo can alter the word say non  allocatur for the word in themselves can have any reasonable construction and  they shall be take accord to the usual and common sense of they which be very  slanderous to a lady of such reputation wherefore it be adjudge for the  plaintiff and this judgement be afterward affirm in a writ of error a cro car  b more cro Elizabeth c cro Elizabeth more croak James er p
case Damport against thatcher if the entry on the record he a v idelur curin a  to know facias upon it against the bail be erroneous and there be no judgement  the suit must he commence de to make new post Leon cro James strange term Rep  error of a judgement in the common plea in a action of debt and upon the  judgement in the to know facias that issue upon it the error assign upon which  the plaintiff rely be that the judgement be enter v isisprComissis to see  curice that the plaintiff shall recover his debt and so much for damage and  cost de to make new adjudicates which be erroneous for it be but a to see  curice or the opinion of the court and no judgement by the court and then the  judgement subsequent upon the to know facias be erroneous the court hold that  the first judgement be not erroneous but that no a vide post t Rep a vide  strange in point Peer will croak Elizabeth er p judgement be give and then the  judgement in the to know facias be erroneous and therefore they reverse that  but as to the first there be no judgement they can not judge upon it and the  party have no remedy upon it for it can be remand to the common plea to have  judgement there give but he must commence his suit de to make new a
case Danby versus lawson Eq Abr pl S c pract Reg if one be take up on a  attachment either in process or in execution after a decree yet in both case  on his appear before the register he be to be discharge and to answer the  interrogatory at large not in custody and if he be continue in custody the  court on motion and appear before the register will discharge he defendant who  be a feme covert be take upon a attachment for nonperformance of a decree and  the officer refuse to bring her before the register to appear but carry her to  Newgate and now she move the court that she may appear before the register and  be discharge out of custody and the question as whether by the course of the  court she be to be discharge upon her appear or to answer in custody it be  agree that u on a attachment in process she must be at large upon her appear  but the plaintiff counsel say it be otherwise in execution but all the  register and ancient practiser be of opinion that it be the same in both case  and precedent in chancery er p Mr Guidott the register cite the case of one  swain who be take up for not pay pound and discharge precedent in chancery  upon appear and that upon debate  but on a attachment in execution the sheriff  may insist upon security proportionable to the duty but in process it be only  pound penalty and upon appear she be to be at large and not to answer in  custody though the interrogatory be file and upon the register certificate  that the party have appear the sheriff be to deliver up the bind the master of  the roll say there be undoubted a difference between a contempt to the honour  of the court and the breach of a decree upon the first the party be to answer  in chain but not upon the latter so she be discharge but interrogatory be file  she be order to answer in four day or stand commit
case dance against EKDEN and BUCKLOCK there shall be only one venire to try  several issue between the same party if the cause arise in the same county  roll ab hob cro car   light a stram Bac ab hawk p c trespass the defendant  Ekden justify the put in of his cattle as a copyholder to Lord Norris of his  manor of d for common and a issue be take upon the prescription the defendant  Bucklock justify as tenant of sir I Fettiplace who be a freeholder in  Dorchester who claim common appurtenant to his freehold and issue be also take  upon that prescription the plaintiff surmise that Lord Norris be lord of the  hundred of Dorchester wherein all the freeholder be his tenant and within his  distress pray a venire facias to the next will which be W in the hundred of  Ewden which be the next hundred the challenge not be deny it be award accord  and try at the bar it be move in arrest of judgement that it be a mistrial for  as to Bucklock tenant of sir I Fettiplace this be no challenge and therefore  there ought to have be several venire facias croak throw but all the court  after several motion herein resolve that the trial be good for there never  shall be several venire facias to try several issue in one county but to  several such issue in several county it be otherwise wherefore it be adjudge  for the plaintiff
case dancer versus evett march Lord chancellor Eq can ab pl S c copyholder in  fee take a enfranchisement of his copyhold in the name of a trustee and devise  the land to his young son who sell to a the heir at law of the copyholder  recover in ejectment and a bring his bill and be decree to hold and enjoy  against the heir the case upon a bill of review be this a copyholder in fee  agree with the lord to enfranchise his copyhold and tool the conveyance from  the lord in the name of a trustee and then devise the same land to a young son  from who the now defendant purchase they the now plaintiff who be heir at law  of the copyholder recover the land in ejectment as he may do upon his ancestor  admittance and thereupon the now defendant bring his bill against the heir to  be relieve in equity and insist that the estate purchase of the lord be pure a  estate in equity accord to the case of smith and murrain report among the Lord  coke copyhold case foe b smith v Murrell Rep b a and that the disposition of  the fee to the purchaser be a disposition of the whole estate that the  copyholder have either in law or equity and the Lord chancellor Nottingham who  hear the cause be of that opinion and decree that the purchaser shall hold and  enjoy against the heir of the copyholder who now bring his bill of review to  reverse the decree and insist that his ancestor do not alien the copyhold Dunn  v green p wms Parker v turner post the defendant who be plaintiff in the  original cause plead the decree and insist by way of demurrer there Vernon  chancery case be no error in it and the Lord chancellor be of that opinion and  allow the demurrer
case DANDERIDGE against johnson parson of Burghfield tithe be not Payable of  common right for the profit arise from a fullingmill for they be personal ante  roll ab Inst roll Rep light Rep show SC roll Rep bunb atk peer wms prohibition  be pray to stay a suit in the spiritual court for tithe of a fullingmill  wherein he suggest in the spiritual court that the defendant there by his mill  full every week forty croak throw clothes and do gain by every cloth two  shilling wherefore he demand the tithe whereas by the law of the land he ought  not to demand tithe of such mill and upon this surmise only that by the law of  the land tithe be not Payable a prohibition be grant for Doderidge say that of  such thing whereof the gain come only by labour of man tithe be not Payable  but of thing renovant c by Edward c every person exercise merchandising  bargain and sell cloth handicraft or other art or faculty who for forty year  pass have pay personal tithe shall pay a ten of his clear gain and if he  refuse the ordinary may examine the matter See Com dig land Edward c
case daniel against Waddington Hilary term James roll if one jointtenant make  a lease for year if he and his companion live so long and afterward surrender  his moiety and take back another estate the lease determine by the death of  either of they ante trespass upon demurrer the case be that there be two  jointtenants for life and the one make a lease for sixty year if he and his  companion live so long afterward he surrender his moiety and take back a  estate and die the question be whether this lease for sixty year shall endure  as croak throw long as his companion life or be determine by his death?And it  be argue by John more sergeant and Nicholas hide first the limitation be for  sixty year if he and his companion shall live croak James er p so long admit  there have be no surrender nor severance of the jointure whether the lease by  the death of any of they be determine because it be a limitation upon the life  of two others?But the court hold that be the limitation upon the life of the  lessors or of stranger all be one for it shall have continuance as long as any  of they live second the jointure be sever by this surrender and take back the  estate whether yet the lease shall continue during the life of his companion  as it shall have endure if the jointure have continue as it be Elizabeth dyer  and Elizabeth Harbin v batten quaere for the court do not deliver any opinion  as to that point send adjournatur afterward in Hilary term James it be move  again and the court hold for the first point that this lease determine by the  death of any of they for it be if they two live so long second that the lease  be clear determine by the death of he that make it for it have no continuance  long than the jointure continue wherefore it be adjudge accord
case dank against FARQUES may see hood v pimm sim leave give to examine a  witness after adjournment of the cause lib Reg A fo S c dick nom bank v  Farquharson this cause come on to be hear last term and be adjourn over to the  next and now it be move for liberty to examine to prove a witness to a deed  material in the cause be in Scotland in order to prove the handwriting of the  witness and grant on affidavit of notice of motion Lord Hardwicke c say it be  often grant to examine a witness viva voice during the hear as in ware v  Blount and he see no difference in this case see Cox v allingham James and the  case cite there see Arundel v Pitt post so where the evidence prove the  execution of a will but the witness have not be examine as to the sanity of  the testator the cause be adjourn at the hear with liberty to exhibit a  interrogatory to prove his sanity Shelly v Hodgson atk Abraham v Winshup Russ  so in moon v bernales Russell a cause be permit to stand over at the hear for  the plaintiff who sue as a administrator to exhibit interrogatory to prove the  death of the intestate see attorneygeneral v turnbull Cox nothing can be prove  viva voice that require more than proof of handwriting or that admit of  crossexamination lake v Skinner I W see Bart of pomfret v Lord Windsor Ves  turner v Burleigh Ves
case DANNET against COLLINGDELL trespass must show property in the plaintiff  trespass for take and carry away averia Self quer videlicet One horse c nor  One cap or hat made of skin England one hat Mr holt after verdict move in  arrest of judgement that as to the hat there be no property lie in the  plaintiff and judgement be stay
case Danvers versus earl of clarendon see in re Gamboas trust king I and  authority collect in note ib approve de beauvois v de beauvois h l c refer to  smith v butcher Ch d Eq can ab pl S c good devise to a for life and after the  death of a to the heir of b b die in the life of a decree the good shall go to  he that be heir of b at his death and not to he who be his heir at the death  of a the late earl of d by his will devise all his good in Cornbury house to  the lady Gargrave for life and after her decease to the heir of sir John  Danvers and the point be whether he that be heir of sir John Danvers shall  take these good as devisee and the say good go to his executor although such  heir die in the lifetime of the lady Gargrave or whether he that be heir of  sir John Danvers at the time of the lady Gargraves death shall have they and  it be urge by Mr W William that these good be only the furniture of the  capital house and be quasi a heirloom Vernon chancery case but the Lord  chancellor be of opinion that they absolute vest in the person of he that be  heir of sir John Danvers at the time of his death and take notice that the  Lord Clarendon in his answer swear all the judge of England have so give their  opinion and this opinion of the chancellor be confirm by another clause in the  will wherein Henry Danvers who be then heir of sir John Danvers be mention by  name and it be thereon decree accord that they vest in Henry who be heir of  sir John Danvers at his death vide Pleydell v Pleydell p wms Sheppard v  Lessingham Amb
case dare against white and his wife in assault and battery against husband  and wife they may be find respective guilty or not guilty trespass for a  assault and battery for a battery by both on not guilty plead the jury find  the husband not guilty and the wife guilty and per curian well for they may  find one guilty and the other not and there be no difference between this and  other case of different and several trespasser and judgement be give for the  plaintiff see Reg Yelv Mod cro James cro a     Mod Carth   light shower KB er  p
case darnel versus reyny Eq can ab pl S c where there be a answer to part and  a plea to the residue the plaintiff can except to the answer till the plea be  argue or a order obtain that it shall stand for a answer with liberty to  except where the defendant answer to part and plead to all other matter not  answer unto the plaintiff can put in exception to the answer till he have  first argue the plea or obtain a order that the plea shall stand for a answer  with liberty to except to the matter not plead unto in this case it appear  that before the argue of the plea the plaintiff have file exception to the  answer and have get they refer and the motion be that the exception may be set  aside and the order be that all proceed upon the exception be stay till the  say plea be argue Reg lib a fol so as to demurrer London assurance v east  India company p wms and see Boyd v mill la Ves but see as to answer to  discovery and plea as to relief where exception may be take as to discovery  before plea argue p wms note S contra the principal case Pigot v Stacie mark  by jewel master of the roll dick Sidney v very that Oct by Thurlow chancellor  dick Vernon chancery case er p
case darrach against savage a bill draw on a person to pay money for value  receive be a good discharge of a debt though the drawee do not pay the bill if  the payee neglect to demand payment from the drawee and give notice of  nonpayment to the drawer within a proper time SC holt Indebitatus assumpsit  for forty pound receive to the plaintiff use non assumpsit plead and upon the  trial the evidence be a bill of exchange or note under the defendant hand date  the of February direct to a merchant in London pray pay to Mr darrach or his  order the sum of forty pound and place it to my account value receive witness  my hand the money be never demand of the merchant till the action bring upon  the evidence my Lord reserve the point to his own consideration at his chamber  shower KB where they insist that my client be still Chargeable and that paper  be no payment and that the defendant still continue Chargeable till the note  be discharge I urge for the defendant that have no other evidence but the word  value receive in the note the same show the party own agreement to take the  merchant for his paymaster that otherwise here will be a apparent injury to we  if he will not demand it in a convenient time that there be above two year and  no demand from we or he of the money holt chief justice hold that such a note  shall be deem payment and that the plaintiff be satisfy with the merchant as  his debtor if he do not within convenient time resort back to the drawer for  his money for his keep his bill so long in his pocket be a evidence that he  think the merchant good at that time and that he agree to take he as his  debtor a and so we have my lord opinion for the defendant upon deliberation  and by the rule of reference my client have his cost Stacey attorney for the  defendant
case DARREL against MIDDLETON a ejectment be good on a demise hahendum from  Michaelmas ante datum indenture I vent cro James hetley run eject Cowp  ejection firm of a lease make the twenty of August from Michaelmas then last  pass ante datum kujys indenture and he neither show the indenture nor the date  thereof after verdict this matter be allege in arrest of judgement that there  do not any certainty appear by the declaration when the lease shall commence  for there be not any date of the indenture express wherefore c the court hold  it to he well enough for when he declare of a lease make of the twenty of  August Michaelmas then last pass if he have stay there it have be addition  ante datum indenture shall be void and the beginning of the lease appear  certain enough wherefore it be adjudge for the plaintiff
case DARROSE against NEWBOTT on demurrer to evidence the jury may assess the  damage or they may be ascertain on a writ of enquiry ante post   light a      lev Hardres ld raym salk bull n p Carth Bac Abr Com dig dougl error of a  judgement in Bridgewater the error assign be for that in a action on the case  on assumpsit the party be at issue a demurrer be join upon the evidence and  thereupon the jury discharge and afterward judgement be give for the plaintiff  and a writ of enquiry of damage award and damage find and judgement thereupon  where the juror who come to find the issue although by the demurrer they be  discharge of the issue yet ought to have assess damage conditional if  judgement shall be give for the plaintiff and in proof thereof be cite  scholasticas case Plowd the old book of entry ill demurrer Elizabeth bidem  Forge de faux faits a ld raym post croak car er p and it be say by the court  if these precedent be good law then it may be inquire of by the same jury  conditional but it may be as well inquire of by a writ of enquiry of damage  when the demurrer be determine and the most usual course be when there be a  demurrer upon evidence to discharge the jury without more enquiry vide old  book of entry fol trespass in arser
case DARTNAL against morgan a assumpsit lie upon a express promise to pay so  much a week for use and occupation ante post cro Elizabeth cro car roll ab hob  Brownl lev hard Mod skin side to Rep assumpsit whereas the plaintiff locasse  to the defendant a warehouse in the parish of saint Dunstan in the east that  the defendant assume to pay to he for every week that he occupy it eight  shilling and allege in fact that he occupy it twentyseven week for which upon  not pay on request the action be bring the defendant plead non assumpsit and  find for the plaintiff it be move in arrest of judgement that this be a lease  at least at will of the say warehouse and that the eight shilling weekly be in  nature of rend and for rend reserve upon a lease which sound in the realty a  assumpsit lie not the whole court agree thereto that for rend reserve upon a  lease a assumpsit lie not a nor for and upon special or upon record but here  forasmuch as this be not a lease but a promise that as long as he permit he to  occupy the warehouse he will pay it it be not any rend but mere a promise in  consideration of the occupy c wherefore this action well lie and it be adjudge  for the plaintiff
case Dashwood versus BITHAZEY at the roll eoden die cur canc a bill of  foreclosure be hear on a sequestration and security be defective the court  decree a sale instead of a foreclosure because if the plaintiff sue the  defendant on his bind that will open a degree of foreclosure and it be usual  in such case to refer it to a master to set a value on the estate and decree  that the plaintiff shall take it pro tanto the bill be to foreclose the  defendant appear and stand in contempt for not answer to a sequestration and  the cause come on upon the sequestration for the bill to be take pro Confesso  and Mr solicitorgeneral for the plaintiff pray a decree for a sale instead of  a foreclosure because the security be defective and if they shall afterward  sue the defendant on his bind for performance of covenant that will open the  decree of foreclosure and he insist that such decree be usual but the master  of the roll say he have never know any but that where the security be  defective it be often indeed refer to a master to set a valuation on the  estate and the plaintiff be to take it pro tanto as in the case of Homden  versus tilbi on a bill of foreclosure of the shop in Westminster hall but in  this case he decree a sale because the decree be that the bill shall be take  pro acknowledged admitted fact and not accord to the prayer of the bill and  the case of Nosworthy and sergeant Maynard be quote where the security be  defective the cause stand over and the plaintiff file a supplemental bill and  pray a sale mosely report Wednesday July the d motion
case davenport against pencil Trinity term car roll in assumpsit against a  administrator durante those inferior in rank lifetime the defendant may plead  that the executor be above the age of seventeen at the time of the promise  queen if a administration durante those inferior in rank lifetime instant  determine upon the minor attain seventeen year of age ante Goulds more Lut  roll Abr   cro Elizabeth Mod vent Yelv roll Rep side hob Vaugh Com dig  assumpsit against a administrator durante those inferior in rank lifetime of I  S upon a promise to pay for forbearance of a sum c the defendant plead that  the say I S be above the age of seventeen year at the time of the promise and  thereupon it be demurrer the question be whether the administration so commit  durante minor lifetime instant determine by his come of seventeen year of age  for then the administration cease there can after be any consideration to  ground a promise it be urge that in our law minor be oneandtwenty year but  Grimston of counsel with the plaintiff say that this be to be consider accord  to the civil law which appoint seventeen year to be full age in such a case    et curian advisare vult
case davies against tailor word actionable ante cro James roll ab Com dig d ld  raym say vide term Rep action for these word thou art rot with the pox and by  Fenner he only be in court it be adjudge that the word be actionable for it be  to he intend of the French pox
case davies against thomas accord and satisfaction I Com dig debt upon a bind  the condition be to secure he harmless against I S in a action for fiftythree  pound for which he be bail for he the defendant plead he have pay to f S  twenty pound in satisfaction of the fiftythree pound and so he keep he  harmless but for that the plaintiff may he damnified before the payment to  which he do not answer the plea be hold ill and the plaintiff have judgement  vide Henry pl croak Elizabeth er p
case davies against warner where the consideration of a assumpsit be  forbearance it need not be show how the debt accrue ante post hob Brownl Bulst  Bulst assumpsit whereas the defendant testator be indebt to he in thirtythree  pound that in consideration the plaintiff will forbear to sue the defendant  until he have execution upon such a judgement the defendant promise to pay the  say thirtythree pound upon request after he have obtain execution of such a  judgement and allege in facto that he have obtain execution of the say  judgement et although require c such a day have not pay croak throw upon non  assumpsit plead and find for the plaintiff it be allege in arrest of judgement  that it do not appear how he be indebt nor that he have asset otherwise there  be no cause to bind he say non allocatur for if the action be find upon the  debt then he ought to show how he be indebt but it be ground upon his own  promise and it shall be intend he be indebt otherwise he will not assume  wherefore it be adjudge for the plaintiff
case davies case to justify the seize of steal good it must he allege that a  felony be commit and that the felon waive they post stand   hawk trover of  good the defendant justify as servant to the sheriff of Middlesex because the  plaintiff have steal those good and carry they to d within the county of  Middlesex at which place the defendant seize they ut good waiviata and without  argument it be adjudge for the plaintiff for he ought to allege a felony  commit and that the good be waive by the felon but it be not allege that the  felon waive they wherefore it be adjudge ut svan
case davies versus wield all in court Lord keeper Eq can ab pl Ch can S c  whether a trustee for preserve contingent remainder shall be decree to join in  a sale to pay debt when there be no probability of issue the defendant wield  be the survive trustee in a settlement make on the marriage of the plaintiff  Davies and his wife whereby land be settle upon the baron and feme for their  life remainder to trustee to preserve contingent remainder remainder to their  first and every other son in tail male the plaintiff and his wife have be  marry twelve year and never have any issue and have contract debt the bill be  that they may be enable to sell part of their estate for payment of debt the  defendant the trustee by answer set forth the settlement and confess the  plaintiff have be marry so many year and have have no issue and believe they  never will have any and that they have contract such debt and submit to do as  the court shall direct so as he may be indemnified Vernon chancery case for  the plaintiff it be insist that the court in such case have decree the land to  be sell for payment of debt and for precedent they cite the case of Digby and  Cornwallis Ch Rep and sir John tufton case and they say that necessity do  create a natural equity but the Lord keeper declare he do not see how he can  make such a decree for he have know where people have be marry near twenty  year without issue and after have child but at the plaintiff importunity he  give time till Michaelmas to attend he with precedent vide plate v spring and  all post vol trustee in a marriage settlement for preserve contingent  remainder there be a no issue be decree to join in a sale the settlement be  only of a equity of redemption and though wife consent to the sale Vernon  chancery case er p
case davila against DALMANSER a attachment lie for hinder a award SC salk a  submission to a arbitration be by rule of court pursuant to the statute will c  and after the arbitrator have make some progress in the matter the party come  and snatch away the paper and so hinder far proceed modern er p and by holt  chief justice there ought to be a attachment if the party do not enlarge the  rule and pay cost
case davila against DALMANSER mutual debt may be set one against the other per  curium if there be two dealer and they reciprocal pay money for one another  they shall have their reciprocal action for it in which either of they shall  give special bail and neither of they shall give the money pay by he in  mitigation of damage unless there be a account state and they never can have a  account against one another a a but see saint Michael v saint Matthew stram  king v fisher stram king v walker Sess case pl king v Harrowby burr S c king v  Heptinstall burr S c contra a but now by Geo c S make perpetual by Geo c where  there be mutual debt between a plaintiff and defendant or if either party sue  or be sue as executor or administrator where there be mutual debt between the  testator modern report er p
case davis against DAVERIL imprison the opposite party witness ground for a  new trial in a motion for a new trial on a suggestion that the defendant  arrest and imprison one of the plaintiff witness until the trial be over it be  adjudge to be good cause of grant a new trial a see salk Mod Mod a
case davis against Powell dear may be distrain for rend trespass for distrain  the plaintiff deer the defendant justify as servant to Lord Cadogan who have  lease to the plaintiff thirty acre of land upon which he the plaintiff be to  keep one hundred deer and to have liberty to sell they at the expiration of  the term but the plaintiff be in arrear to my lord for rend the defendant  distrain the deer the question be whether deer be distrainable or not it be  say by the plaintiff counsel that deer be ferae nature be not distrainable  finch   light roll Abr lev   Inst hawk PC a modern it be allege for the  defendant that the nature of thing change and with they the reason of the law  and though former deer be consider ferae nature can not be distrain be then  keep for pleasure yet they be now chief keep for profit and therefore that  reason fail now and judgement be give for the defendant
case davy and Nichols against smith if a testator may see the witness  subscribe it be a subscription in his presence S c salk at a trial upon a  feign issue in assize direct by the house of lord concern a will make of land  by I S the question be whether the witness to the will have pursue the  direction of the statute car c of fraud and perjury in subscribe their name  and per curium if the testator lie in a bed in one room and the witness go  through a small passage into another room and there set their hand at a table  in the middle of the room and opposite to the door and both door open so that  the testator may if he please see they though no proof he do see it be  sufficient within the statute and therefore he say if witness subscribe in the  same room where a testator lie but the curtain of the bed be draw this be a  good subscription and because it be in the power of the testator to see it  shall be construe to be in his presence a
case davy v barker a mortgagee till he be full satisfy be not oblige to quit  the possession to a purchaser this court will not allow a purchaser to oblige  a mortgagee in possession to quit the estate to the purchaser unless he will  first pay he principal interest and cost
case davy versus seys at the chancellor house Lord chancellor on a report of  asset cost be decree general against the defendant and not out of asset the  bill be bring by creditor against the administrator and a account be direct  and cost reserve till the account be take and by the master report it appear  that the defendant have asset sufficient in his hand to satisfy the plaintiff  demand and the Lord chancellor decree cost general against the defendant  without direct a inquiry of asset and say that he know no better rule to guide  himself by than that they proceed on at law where if the defendant plead plene  to manage and the plaintiff recover but two penny the court give judgement de  good not common with others si non c that otherwise no body will sue a  administrator or executor and that there may be more asset than appear by the  master report for the plaintiff may content themselves to prove sufficient to  answer their demand cro James Yelv
case daw against bolton Hilary term Elizabeth roll to charge a person with  have receive steal good be not actionable ante yely roll ab   Bac ab Havyk  action upon the case for these word thou art a knave and baste receive steal S  I wine and baste receive a steal cow and thou know they be steal the defendant  plead not guilty and after verdict it be move that the action lie not and of  that opinion be the whole court absent Popham for the receive of steal good  know they to he steal unless he receive they to maintain the felon be not  felony a and although it be object that it be a great slander and a Cause of  bind he to the good hehaviour if it be true that he receive steal good and  therefore cause of action as it have be adjudge for say thou lie in wait to  murder one although he be not charge with felony yet the action lie quod to be  concession per curian yet the court hold here that the action lie not for it  may be he receive they as bailiff or lord of a manor who have liberty to have  waif and felon good and then it be not any offence and it shall not he take in  the worst sense when it may have any other construction as in doctor stanhope  case thou get your live by swear and forswear a action lie not for he may have  the fine of such as commit perjury and although it be urge that the  construction shall he as of word in the worst part speak malicious when he say  thou art a knave and baste receive c yet the court regard it not but upon the  first motion adjudge it for the defendant
case daw against Harrison Administration plead and not loci islius of order  good the plaintiff entitle himself as administrator to daw and show that  administration be grant to he by the official of the bishop of Carlisle but do  not allege he to be loci this of order Jones sergeant demurrer to the  declaration because it do not appear that the official have any jurisdiction  pi Com a Henry pl Fitzherbert judge Henry pl Henry pl say non allocatur for  the whole court be of opinion that the declaration be good and that he shall  be intend to have jurisdiction but if it have be in the case of a peculiar it  can be intend that they have any authority unless set forth and so judgement  be give for the plaintiff
case daw against Huddleston a tithe be not Payable for fish take in river  except by custom ante roll ab side lev Noy vent palm hetl bunb Com dig and see  the case of king v carlyon term Rep calthrop pray a prohibition against the  parson of W in the county of Westmorland for sue for tithe of trout take in a  river because they be ferae nature and show a precedent in easter term car  where a prohibition be grant against the same parson for sue for tithe of eel  take in the river because they be ferae nature and day be give to show cause  why it shall not be grant and Richardson chief justice say that be know where  one sue for cony take in Methold warren a prohibition be grant upon debate and  that in Yarmouth be a suit for tithe of herring take in the sea but they can  not prevail Jones say that in his country of Wales they use to pay tithe for  herring and in Ireland it be a common course to pay tithe of salmon take in  river Richardson say that peradventure may be by custom otherwise tithe be not  Payable for fish take in river
case daw against swain a action on the case lie for false and malicious hold  another to special bail S C side S C lev S C keb raym vent sand lev lev hob  salk Mod Mod fitzg Mod ld ray dougl to Rep to Rep term Rep a action upon the  case be bring against one for sue the plaintiffin plea weak for six hundred  pound and false and malicious affirm to the bailiff of Westminster that he do  owe he six hundred pound whereby the bailiff insist upon extraordinary bail to  his damage c the defendant traverse without hoc that he do false and malicious  affirm to the bailiff of Westminster that he do owe he so much winnington move  in arrest of judgement that the action will not lie but the plaintiff ha d  judgement Kelynge chief justice if there have be no cause of action a action  upon the case will not lie because he have a recompense by law but here be a  cause of action if one shall arrest you in a action of two thousand pound to  the intent that you shall not find bail and keep you from practice all this  term and this be find to be false and malicious shall not you have a action  for this?Twisden justice say that he know this to have be sergeant roll  opinion Moreton justice Foxleys case a roll a be that if a man be outlaw in  another county where he be not know a action upon the case will lie so a  action lie against the sheriff if reasonable bail be offer and refuse modern  er p
case daw versus Ferrars Eq case Abr pl wms S c eoden die one devise to his  wife for life remainder to his granddaughter who be heir at law for life  remainder to his own heir male a nephew although he be next heir male can take  by virtue of this last limitation not have both part of the description verify  in he ante vern a man by his will devise he estate to his wife for life  remainder to the defendant who be his granddaughter and heir at law for life  remainder to his own heir male and the plaintiff as heir male bring this bill  against the defendant for a injunction to stay waste the defendant demurrer  for that the plaintiff have no title be only male but not heir the defendant  herself be the testator heir and therefore the plaintiff can not take by  purchase accord to   light and several other book and this differ from brown  and Barkhams case in this court or there the limitation be to the heir male of  the grandfather so be quasi a estate tail in the grandfather but here it be of  a feesimple which none can take who have not both part of the description in  he precedent in chancery Lord chancellor say this have be settle in all the  court of westminsterhall and therefore it be dangerous now to shake it though  he think shelly case not agreeable to reason and Anderson who report the same  case say the judge give no reason at all for their opinion though Lord coke  have make so long a report of their argument but however weak it be at first  the law have be take accord ever since it be dangerous to remove ancient  landmark and say it be no matter what the law be so it be know and say why do  not you bring your action of waste and ascertain the will at law so the  demurrer be allow precedent in chancery er p precedent in chancery de boundary  S the number three in curian porter
case DAWBENEY against BANNESTER in debt on bind the omission of hic in curian  prolata be a material error though judgement be by confession   side cro  Elizabeth sand stram onslow n p debt upon a obligation in the common plea the  defendant confess the action and error be bring upon that judgement because in  the declaration it be not say hic in curian prolata and it be hold to be a  fault in matter and not of form only and notwithstanding the action confess  may well be assign for error and for this cause and by reason of a  discontinuance it be reserve ride Edward pl a king v carter b r Trinity term  Geo it be determine that the caption of a indictment of trespass before  justice of the peace be bad without add nec non to visit felonias c Bac Abr  but see the reason upon this subject hawk p c croak James er p but by and car  c after verdict no judgement shall be stay or reverse for want of allege and  bring into court of any bind bill indenture or other deed mention in the plead  and by the Ann c no exception shall be take for want of this allegation unless  show for cause of demurrer see side salk Mod Carth Lut dougl note
case DAWBRIDGE against cock a copyholder may lop but not destroy the tree of  his estate Ant Brownl trespass the question be whether a copyholder may lop  off the bough without special custom?And it be resolved per curian that by the  commonlaw he rhay cut off the under bough which can cause any waste but the  amputation of the top bough will cause the putrefaction of the whole tree  wherefore this be waste as well as the decapitation thereof c
case DAWLING against VENMAN a action will not lie for defamation in a  affidavit take in the court of chancery in a cause there depend SC show roll  ab cro Elizabeth hut I side lev Owen Poph hard Leon Com dig Bac Abr Peer wms a  action on the case be bring against the defendant for make a scandalous  affidavit in chancery in which be these word Mr Dawling be a rogue and a knave  and I will make it out before my Lord chancellor and I will have he in the  pillory upon not guilty plead there be a verdict for the plaintiff and damage  entire it be move in arrest of judgement for that the truth of a oath shall  not be liable to a trial in a action on the case for the law intend every oath  to be true before the statute of Henry c which give power to examine perjury  there be not any punishment at the commonlaw for a false oath make by any  witness and therefore a action will not lie for a scandalous affidavit  Adjournatur in SC show it be say that the judgement be arrest because a action  will not lie for a false oath in chancery c and the case of eyres v Sedgwick  cro James and Harding v Bodman Hutton refer to as authority see also the case  of Cox v smith lev which seem to admit that a action will not lie for take a  false oath unless it be the cause of special damage a
case day against austin Hilary term Elizabeth roll in debt for rend upon a  lease the defendant may deny its validity Owen Savil Cowp debt for rend upon a  lease for year the defendant plead that before the lease a judgement be give  in debt against the plaintiff at the suit of I S and afterward he make this  lease and afterward this land be extend and deliver in execution by elegit  before which extent there be nothing in arrear it be thereupon demurrer and  without argument adjudge to be a good plea a it be move again and adjudge for  the defendant post croak Elizabeth er p
case day against BISBITCH a dyer what fasten to the wall of a house be parcel  of the freehold and can be take in execution under a be made fa roll ab roll  ab   light Owen trespass for the take and carry away a dyer what upon a  special verdict it be find that the sheriff upon a action against the  plaintiff attach it be fasten to the wall of the house and deliver it to the  defendant and whether this take or delivery be lawful or not be the question  first it be move that it can not he attach because it be parcel of the  freehold and fix thereto second that the action lie not against the defendant  because he have it by the delivery of another and not b his own take and it be  resolve by all the court that it can not he attach in regard it be fix to the  land and wall Anderson say that wainscot fix to a wall can be remove and if it  he croak Elizabeth it be waste so of table dormant fix c Walmsley say that in  the time of Lord dyer this difference be here take and agree that a furnace  fix in medio dongs it but a chattel and be removable but otherwise it be be  fix to the wall and afterward it be adjudge accord for the plaintiff the  second matter be not much insist upon because he be presen t and take it and  so he be a immediate trespasser vide Edward pl Henry pl Henry pl
case day against Wyman infant appear by attorney error on a judgement in the  court of common plea the defendant in the action assign for error that he be  within age and appear by attorney and conclude et hoc a preparation be verify  prout cur c the plaintiff reply in nullo be erratum Mr powis for the plaintiff  in the action argue that the error be ill conclude for it be a error in fact  and so triable per pais and not by the court as a demurrer or the like be and  cite the case of car v Barker a the same exception and king v gosper b and  Hancock v prout c and hill v boomer d Mr Pollexf en e contra that in nullo be  erratum have help it and the court incline so too say adjournatur
case day and ux versus Chatfield eoden die in court Lord keeper if a executor  die before probate of the will his executor can prove it but administration  cum testament c must be grant to the residuary legatee if any or to the next  of kin where a executor die before probate of a will his executor can take  upon he to prove that will but administration ought to be grant with the will  annex to the residuary legatee if there be any or else to the next of kin  accord to the resolution in Isteds case in dyer fol Reg lib a fol but the  above point do not appear there the case there state be as follow William bank  make his will and thereof appoint his daughter mary sole executrix and  residuary legatee mary prove the will but her mother she be young take upon  herself the management and receipt of the say testator effect mary then marry  one Samuel Bailey and afterward die leave Bailey and her mother survive  afterward Bailey and a aunt of the plaintiff by a write under their hand and  seal consent and agree that administration of the effect of mary shall be  grant to plaintiff wife which be grant accord the mother of mary then take out  administration of the effect of William bank the original testator leave  unadministered by mary with the will annex and then appoint the defendant her  executor and die the bill be for a injunction and account to this bill the  defendant put in a plea which be not state but which be overrule and a account  decree with cost nisi and before defendant shall be admit to show cause  against cost he be to pay to plaintiff mark for that day attendance vide  Wankford v Wankford sa where say that the case in dyer be the first case of  that nature
case day vers SNELGROVE in b r prohibition shall go to the admiralty in a suit  for the wage of a master of a ship Com dig Str barn SC keb SC Bac Abr salk Mod  SC holt SC ld rap SC Carth SC Str ld raym a prohibition to the admiralty be  move for for that the libel there be against a ship for wage due to the master  and it be suggest that the wage of the master accrue upon a contract within  land Northey contra that the master be but a mariner and the ship be liable  for his wage and that no prohibition will lie for they in the case of a master  no more than in the case of the mariner at least the party who pray a  prohibition shall be compel to give special bail to the action here but the  court think comens that a prohibition shall go for a libel there be Allowable  for the wage of the mariner only and not of the master raym and if a  prohibition ought to be grant ex debt is owed the whole of the laws the court  will not compel the party to find special bail if it be not consent to
case day versus trig before Mr I Tracy in the absence of Lord chancellor Eq  can ab pl one devise all his freehold house in a and have none but leasehold  house there the leasehold shall pass by in a grant one devise all his freehold  house in aldersgatestreet London to the plaintiff and his heir and in fact the  testator have no freehold house there but have leasehold house there peer  William decree by Mr I Tracy that though in a grant of all one freehold house  leasehold house can not pass and that in the case of a will bad there be any  freehold house to satisfy the will the leasehold house shall not have pass yet  the plain inten peer William er p cion of the testator in the principal case  be to pass some house and he have no freehold house there the word freehold  shall rather be reject than the will be whole void and the leasehold shall  pass vide Addis v clement post Vol two and that the suit be proper in equity  since the leasehold house be chattel can not pass by the will without the  assent of the executor which assent he be compellable to give in equity
case de BAVOY against HASSAL in assumpsit for work and labour on a promise to  pay on request as much as will content he neither the time or place of the  request need he show ante ld raym term Rep assumpsit the plaintiff declare  that in consideration the defendant have retain he to go from London to parish  in France upon his occasion he assume to give he so much as will content he  and allege that he go thither and be content to take fiveandtwenty pound for  his labour and at such a place he request the defendant to pay it which he  refuse coke move in arrest of judgement that he show no time or place when he  give notice of his contentment and therefore be not good for it have be  adjudge that where one do promise to give another twenty pound upon request  and because no place be allege of the request the judgement after verdict be  stay gawdy justice the ground of this action be the assumpsit but this can be  certain without the party declaration so the croak Elizabeth notice be t l  make the certainty of the duty but not to enforce or impeach the promise and  in the case allege the assumpsit be nothing without request but here be only a  conveyance the certainty of the time and place be not necessary but this  general form will serve for it be but inducement for the contentation be not  the cause of the action as the case in Henry in debt against a successor of a  parson for a annuity grant by his predecessor pro council expense et impendend  and declare that he give counsel as he ought otherwise the action lie not I  but show no place where yet good w ra c j accord for the place where he be  content be not material nor issuable for none can try it but himself also it  be remedy after verdict and it be adjudge for the plaintiff croak Elizabeth er  p
case de costa versus SCANDRET Lord Macclesfield Eq can ab pl a merchant have a  doubtful account of his chip insure his ship without acquaint the insurer what  danger the ship be in this hold to be a fraudulent insurance and the court  relieve against the policy one have a doubtful account of his ship that be at  sea videlicet that a ship describe like his be take insure her without give  any information to the insurer of what he have hear either as to the hazard or  circumstance which may induce he to believe that his ship be in great danger  if not actual lose the insurer bring a bill for a injunction and to be relieve  against the insurance as fraudulent Lord chancellor the insure have not deal  fair with the insurer in this case he ought to have disclose to they what  intelligence he have of the ship be in danger and which may induce he at least  to fear that it be lose though he have no certain account of it for if this  have be discover it be impossible to think that the insurer will have insure  the ship at so small a premium as they have do but either will not have insure  at all or will have insist on a large premium so that the conceal of this  intelligence be a fraud peer William wherefore decree the policy to be deliver  up with cost but the premium to be pay back and allow out of the cost see  Wilson v duckett burr but at law a fraudulent assure can recover the premium  tiler v horn chapman v Fraser park insurance that edit peer William er p
case de la courtier against Bellamy Michaelmas term car roll in a action on a  foreign bill of exchange if the date be omit the court will intend it date at  the time it be state to have be draw action on the case on a bill of exchange  from part beyond the sea Payable at double usance from the date thereof custom  allege accord and the fact be allege to be that the party beyond the sea draw  such a bill such a day and the same be afterward present to and accept by the  defendant a exception be take that the date of the bill be not set forth and  per totan curian hold it be well enough and they will intend it date at the  time of draw it judgement for the plaintiff
case Deakins versus buckley eoden die Eq can ab pi S c a freeman of London  devise for mourning it shall be pay only out of the legatory part and not out  of orphanage or customary part where a citizen of London by will have devise  seven hundred pound for mourning the question be whether this seven hundred  pound shall come out of the whole estate or only out of the legatory part for  it be insist if there have be no direction Vernon chancery case er p by the  will or if the will have only Vernon chancery case direct that the expense of  the funeral shall not exceed such a sum there the deduction must have be out  of the whole estate per cur mourning devise by the will must come out of the  legatory part and not to lessen the orphanage and customary share
case dean against crane a old debt be revive by a new promise make after the  expiration of six year but own the debt be not sufficient SC salk a note have  be make by the defendant to the plaintiff testator above six year before the  action bring for payment of money upon non assumpsit infra sex aged at the  trial before holt chief justice the plaintiff give evidence of a promise make  to himself after the arrest and before the bill exhibit the question be  whether this evidence maintain the declaration and the case of heylin v  Hastings be remember wherein upon conference with all the judge of England it  be hold that a modern promise after the six year bring the matter out of the  statute of limitation that own the debt do not go so far but that be evidence  of a promise but it seem to be now settle that a acknowledgement of the debt  even after the commencement of the action will take it out of the statute of  limitation yea v Fouraker burr and the slight acknowledgement have be hold  sufficient as say prove your debt and I will pay you heylin v Huskins salk or  I be ready to account but nothing be due to you Cowp and even a much slight  acknowledgement than these be say to be sufficient Cowp what be a  acknowledgement be matter for the consideration of a jury Lloyd v maund term  Rep but although a promise be not necessary to take the demand out of the  statute yet the declaration must amount to the acknowledgement of a debt and  therefore where a person sue by a executor say I acknowledge the receipt of  the money but the testratrix give it I clive baron hold it not sufficient Owen  v wolley bull n p a note here the declaration be on a promise make to the  testator and the promise give in evidence be to the executor the court say  that here the executor may declare of a promise to himself but adjournatur and  in Hilary term upon conference with all the judge it be hold the evidence do  not maintain the declaration
case dean against the executor OF sir Francis hind a young conusee shall have  a hearing complaint to remedy the improper execution of a elder recognizance  SC and SC Noy SC yely more   hearing complaint upon demurrer the case be the  plaintiff be conusee of a statute and sir Francis hind be conusee of a elder  recomu sance the conusor have land in the county of Cambridge and Middlesex  the plaintiff sue execution first and have the land in the county of Cambridge  deliver unto he in execution the defendant sue execution upon the reconusance  and have the moiety of the land in the county of Cambridge deliver unto he in  execution and nothing in Middlesex and thereupon the plaintiff sue a hearing  complaint comprehend all this matter and upon demurrer it be adjudge for the  plaintiff that this hearing complaint well lie upon this surmise for the  reconusee ought to have sue execution as well of the land in the one county as  in the other whereby the money shall the soon have be levy and the not sue  execution accord to the law be a prejudice to the plaintiff as much as if he  have purchase parcel of the land of the conusor and this land only have be  extend wherefore it be adjudge for the plaintiff vide coke entry
case dean case see mayor c of London v Cox lr h l the mayor of London can by  the custom of the city commit a person who have public abuse a alderman for  not find surety for his good hehaviour ante lev lev   Ro Larch palm bull cro  car burr strange Com dig Bac Abr ld raym salk dean citizen and merchant of  London have call one garret alderman of London fool and knave upon the royal  exchange in the presence of diverse and be therefore commit by the mayor to  Newgate because he will not find surety for his good hehaviour by a haheas cor  put cum cause he procure himself to he remove into the common flea and there  all this cause be certify and that the custom be upon such a misdemeanour to  commit any citizen to prison c Walmsle the justice of peace use under colour  of their authority to require the good hehaviour of every one at their  pleasure and if they refuse to commit they to prison but I conceive if they  have not good cause to require surety for the good hehaviour and the party  refuse and be commit to prison false imprisonment lie for the statute of  Edward c which have to they that authority be principal for vagrant person and  such like and it be not intend for every private abuse Anderson there be  diverse statute that for private discourtesy one shall not he imprison and  therefore I see not how this custom can he main a Plowden croak Elizabeth er p  croak Elizabeth tained a man may he imprison for a contempt do in court but  not for a contempt out of court and therefore he ought not to have be commit  for such a private abuse and by assent of the whole court he be discharge
case deering against Farrington Hilary term car roll if a assign and transfer  to b all the money that shall be allow in lieu of his share in a ship b may  maintain a action against a on the imply covenant arise from the word assign  and transfer notwithstanding the subject be a choose in acion S C keb Freem    light a     Leon Mod Mod Mod ld ray Bl Rep Amb Rep a action of covenant  declare upon a deed by which the defendant appointed et transposuit all the  money that shall be allow by any order of a foreign state to come to he in  lieu of his share in a ship Tompson move that a action of covenant will not  lie for it be neither a express nor a imply covenant Leon hale chief justice  you shall rather have apply yourself to this videlicet whether it will not be  a good covenant against the party as if a man do demise that be modern er p a  imply covenant but if there be a particular express covenant that he shall  quiet enjoy against all claim under he that restrain the general imply  covenant but it be a good covenant against the party himself if I make a lease  for year reserve rend to a stranger a action of covenant will lie by the party  to pay the rend to the stranger then it be say it be a assignment for  maintenance hale chief justice that ought to have be aver then it be further  say that a assignment transfer when it can transfer signify nothing hale chief  justice but it be a covenant and then it be all one as if he have covenant  that he shall have all the money that he shall recover for his loss in such a  ship Twisden justice seem to doubt but judgement
case deering against more Jointenancy may he plead in abatement but can be  give in evidence on the general issue ante skin pl salk pl cro James Bulst  Carth lev Brownl palm roll Mod Mod ld raym stram Bac Abr Bac Abr b r h Cowp  trespass the defendant plead not guilty the jury find that the plaintiff be  seize of that land with two other as heir in gavelkind and that the defendant  enter et si c upon motion without argument by Popham and Fenner cceleris send  away it be adjudge for the plaintiff for although it have be a good plea in  abatement for the defendant to say that the plaintiff be tenant in common with  a stranger yet forasmuch as he have not plead it he have lose the advantage  thereof and the find it by the jury be not material and so it be say to he  adjudge in this court in one Stowells case more where in trespass bring the  defendant plead not guilty and the jury find that the plaintiff be jointtenant  of the land with a stranger not name yet there the plaintiff recover wherefore  it be adjudge ut above for the plaintiff a in Trinity term this case be move  again and adjudge for the plaintiff post croak Elizabeth er p
case DEGUILDER versus DEPEISTER eoden die in court Lord keeper Eq can ab pl S  a intend to go a voyage enter into a bottomry bind but the ship not go the  voyage but lie all along safe in the port of London the court decree the  defendant shall lose the premium and accept of his principal with usual  interest the case be upon a bottomry bind whereby the plaintiff be bind in  consideration of pound as well to perform the voyage within six month as at  the six month end to pa the pound and pound premium in case the vessel arrive  safe and be not lose in the voyage it fall out that the plaintiff never go the  voyage whereby his bind become forfeit and he now prefer his bill to be  relieve and upon a former hear in regard the ship lie all along in the port of  London and so the defendant run no hazard of lose the principal the Lord  keeper think fit to decree that the defendant Vernon chancery case er p shall  lose the premium of pound and be content with his principal and ordinary  interest and now upon a rehear he confirm his former decree Reg lib a fol the  bind be by one naphthali ball to the plaintiff the ship appear to have be sell  and the interest to be pay be from the date of the bind to the sale of the  ship plaintiff then petition for another rehear whereon the decree be confirm  as above and plaintiff to pay S cost for the day equity will not assist the  obligee of a bottomry bind where it carry a unreasonable interest Dandy v  turner Eq can ab pl but the reasonableness or unreasonableness of the interest  depend upon the risk Chesterfield v Janssen atk
case Delahay against vaughan easter term James roll or judgement on a  attachment of privilege reverse because the plaintiff do not find pledge post  Edward pl Edward pl Henry pl dyer error of a judgement in the common plea for  that the plaintiff be a attorney in the common plea sue a attachment of  privilege against the defendant and recover against he by non sum shape the  error assign be because the plaintiff do not find pledge de to follow and this  be certify and in nullo be erratum plead it be for this cause reverse
case dell against BABTHORPE what shall extinguish a right of way I roll Abr  Com dig trespass upon special verdict the case be I S have a close and a wood  adjoin to it and time out of mind a way have been use over the close to the  wood to carry and recarry he grant the close to one and the wood to another  the question be if the grantee of the wood shall have the way?And it be  adjudge he shall not for the grantor by the grant of the close have exclude  himself of the way because it be not save to he and he himself can not use it  no more can his grantee vide Edward admeasurement
case dell against FEREBY a promise to pay all the charge and expense in  consideration that the plaintiff will stay ab ulleriori prosecution sectee  prcedictce will maintain a action for the charge c without allege where they  be expend ante error of a judgement in Norwich in a assumpsit the first error  assign be for that the consideration be not sufficient to maintain the action  for it be whereas the plaintiff have prosecute such a suit in Norwich and they  be at issue that in consideration he will stay ab ulteriori prosecution sectce  prcedict e the defendant promise he to pay all his charge and expense lie out  therein and allege in fact that he no further proceed in that suit and that he  have expend therein such sum and that the defendant have not pay they croak  Elizabeth it be move that this matter be not sufficient to ground a action for  although he have not proceed in the suit yet he may when he please so there be  not any cause to bind the defendant to pay any thing for it and to that  purpose cite a pale yellow c p lev lev Noy more cro car bull n p will c b say  vide strange imp Sh c cro James bull more roll ab lev lev vide strange Bac ab  croak Elizabeth er p a case to he adjudge Trin Elizabeth roll in the common  plea hetween Morse and Ross that such a consideration be adjudge insufficient  to ground a action but all the court here hold it to be good enough for the  stay of the trial of a cause be sufficient to ground a action especial for the  charge expend and deny the law to he so in the case before cite second it be  move that the declaration be ill because there be not any place show where the  expense be lie out say non allocatur for it be in prosecution sectce prcedict  it shall he intend to he in the same court this also be but a inducement to  the action wherefore the judgement be affirm
case dell against Higden Trinity term Elizabeth roll where by custom copyhold  may he entail a recovery may he suffer in the lord court to bar it ante post  Ro ab more   a salk burr I will pale yellow ten ejection firm upon a special  verdict the case be tenant in tail of a copyhold remainder in fee be he plead  by plaint in court baron in nature of a writ of entry in the post and suffer a  common recovery with voucher whether this shall bind the remainder be the  question the tenant in tail be dead without issue and it be find qubd nunqua?h  before vide batur ankle recu peratio in curid manor prcedidi The Court upon  the motion seem to incline that it shall bind the remainder but they speak not  much thereto say adjournatur
case delve against clerk a promise to assure land be local and must be try  where the land lie post Cowp term Rep assumpsit whereas the defendant be seize  of such land in Chislehurst in the county of ken may in fee and be in  communication with the plaintiff to sell the same for such a sum that the  defendant adtunc et ibidem videlicet prediction may at London predict in  parochian happiness nariae c in consideration of such a sum promise to assure  c upon non assumpsit the trial be in London and croak car er p exception take  in arrest of judgement that it be a mistrial and not aid by any of the statute  for it ought to have be try in ken where the land lie and where by the adtunc  et ibidem the promise be and the venue can be alter all the court be of this  opinion that the videlicet be idle and may not alter it whereupon a venire  facias de to make new be award
case DEMAINBRAY versus Metcalfe all June Lord chancellor one pawn jewel to a  and after borrow pound more of a on a promissory note he shall not redeem the  jewel without pay also the money on the note post can plaintiff pawn some  jewel and plate to the defendant knight a goldsmith for pound redeemable in  twelve month knight in two day after pawn they to the defendant Metcalfe for  pound and after borrow the further sum of pound and pound of Metcalfe on  promissory note to be repay on demand knight become a bankrupt and insolvent  bill by the plaintiff to redeem from Metcalfe who by answer insist that  although he take promissory note for repayment of the sum of pound and pound  upon demand yet it be agree at the same time that the pawn shall also remain  as a security for those sum as well as for the money before lend but no person  be then present therefore he can not prove the agreement Lord chancellor say  it be natural to suppose that although Metcalfe take promissory note yet his  have a pawn in his hand of great value may be the inducement to he to lend and  take time to consider of it and at last decree that the plaintiff must pay as  well the pound and pound as other money due Q yet
case DENBAUGH against woodley Hilary term James roll at nisi prius either  party may pray the award of a tale de A standing round although only one juror  appear and if a ten tale be enter it shall be amend   a cro Elizabeth trial  per pais reeve hist e l error of a judgement in trespass the error assign be  because at the nisi prius tone juryman only appear and a tale de A standing  round be award which be in this manner return upon the panel videlicet nomina  ten such de to make new appen and there be eleven name return and eleven swear  which can be for if the justice have authority when one only appear to award  tale de A standing round they ought to award ten tale and eight tale and not  upon ten tale to return eleven but all the judge and baron say they may award  tale de A standing round to make a full jury when one only appear and the tale  shall not be ten tale and afterward eight tale as in banc but general a tale  de A standing round and here the addition ten be void and that word ought to  be strike out and then it be well enough wherefore they award that it shall be  amend and the judgement be affirm and they say the common course in all  circuit be to award tale where one juror only appear see Henry c Phil mary c  Elizabeth c Elizabeth c
case Denner against SHACROFT variance amend ante dougl to Rep action sur  trover in the distringa jurat the defendant be name Shacraft but in the v  enirefacias and all the other proceed he be true name and this misnomer be  allege in arrest of judgement Wray the difference here be little and in some  country a be find for oh and so be not material and it be award to he amend  and the plaintiff have judgement
case denning against close inferior court a plaint be levy in a inferior court  before the debt contract and a arrest upon a process upon the plaint and per  curian adjudge ill
case Dennis against ESHLEY quod cum be bad in trespass but good in case or  debt replevin motion in arrest of judgement for that there be in the  declaration no express averment of the take but only by a quod cum which in  trespass be nought though in case or debt it be well enough order to stay till  move on the other side a but see the case of Heathcote and other v Crookshanks  Trinity term Geo where it be determine that a agreement between a debtor and  his creditor that they will accept a composition in satisfaction of their  respective debt to be pay in a reasonable time can be plead to a action bring  by one of the creditor to recover his whole demand term Rep shower KB er p
case Dennis against roberts venue Act of composition and a composition  pursuant thereunto be plead in bar to a action of debt upon a bind without  recite the Act or lie venue for the composition and for these fault judgement  be give for the plaintiff
case dent against oliver in a action for disturbance of toll the plaintiff  need not show special title post cro Elizabeth cro car vent Owen Mod skin lev  Carth   salk burr Bac Abr Cowp ld ray will dougl Cowp action on the case  suppose that he be seize in fee of the manor of Hallington a cro Elizabeth  croak James er p and of a fair to be hold there every ascension day and that  the defendant disturb he to take toll c the defendant plead not guilty and  find against he and it be now move in arrest of judgement that the declaration  be not good because he do not show a title to the fair by grant nor by  prescription so he have not any cause of action say non allocatur because it  be but a conveyance to the action and be not any claim thereof as to the right  as in a quo warranto a and therefore the declaration without special title  comprise therein be good wherefore it be adjudge for the plaintiff
case dent against parson in replevin for rend on plead of payment and not in  arrear verdict on the first for the plaintiff and second for defendant be bad  roll Rep barn Com Rep Com dig ld ray Sayers damage Cowp replevin the defendant  avow for thirtysix pound rend for a year and half be twentyfour pound by the  year the plaintiff plead payment of twelve pound and another issue be bring  for the twentyfour pound and for the first issue it be find for the plaintiff  and damage and cost tax by the jury but it be find against the plaintiff for  the second issue and now move that the jury find of cost and charge for the  plaintiff be void for when part be find for the avowant he shall have return  and damage and cost and the return shall be for the defendant where any part  be find for he wherefore it be adjudge accord see Henry c and Henry c
case DENYSON against burgh word import a theft which be not felony be not  actionable action upon the case for these word I have a matter against Denyson  the plaintiff who have steal by the highwayside after not guilty plead and  find for the plaintiff it be move in arrest of judgement that the action lie  not for these word for it shall not he intend by they that he commit any  robbery or felony for he may steal stick or stone c and of that opinion be the  court wherefore it be adjudge for the defendant a hawk croak Elizabeth er p
case derby against hem Hilary term car roll a verdict on a issue misjoined in  the very point to be try be not aid by the statute of Jeofails roll ab roll  Rep Hobart cro James lev stram Com dig Com dig Bac ab Bac ab Cowp dougl term  Rep term Rep error of a judgement in the common plea in debt upon a obligation  of one hundred pound condition for the payment of l S d the defendant plead  that be pay the foresay l S d at the day and so mistake twentyone pound for  fiftyone pound the plaintiff reply that be do not pay the say l S d at the day  in the condition prout the defendant have plead et hoc petit quod c et  defendens similiter and upon this verdict judgement be give for the plaintiff  it be now assign for error for that the defendant plead payment of S d and the  plaintiff say non to loosen the say l S d et hoe c so there be not any issue  the court doubt herein whether there may be a repleader award but because it  be adjudge in the common plea no issue be join and damage and cost give it be  hold there may not be a repleader and it be reverse
case derrier against Arnaud Hilary term will mary roll a plea of alienee be  good although it be not say born but to arise extra allegiance Indebitatus  assumpsit the defendant plead that the plaintiff be stranger in royal power  France sub allegiance enemy alienage can be plead in a personal action against  a alien ami   light and therefore it must be show that the plaintiff be a  alien enemy andr for this shall not be presume stram although the plaintiff  may reply that he be under the protection of the king salk Fost   light b  domini king c to arise upon a demurrer exception be take to this plea because  it be not a direct affirmative that the plaintiff be stranger it shall have be  born and not to arise curian in a real action the word stranger have be well  enough but some doubt be make whether it be so in this case a far day be take  to consider of it and afterward some precedent be cite out of RastalRast Ent c  where the word born be supply by to arise the plea be hold good
case DETHICKS case a cathedral be within the Edward c garter king at Arms be a  name of dignity and the possessor must he sue by it Quaere if in matter not  concern his office vide post S Q Leon Carth strange bar king b fitzg Bac Abr  he be indict upon the Edward c for strike in saint Paul churchyard and it be  move that it be in the churchyard of a cathedral church it be not withinthe  statute curian contra then he plead that he be by the queen patent create  garter king of arm and demand judgement because he be not so name and because  it be a name parcel of his dignity and not of his office only for the patent  be A king of Corinth coronam et nomen imponim de garter king heraldorum and  therefore in all suit against he he be to be name by this name for this cause  he be discharge of the indictment
case deux against jefferies if a man covenant that he will never sue it be a  release but that the obligor shall not he sue before such a feast be a  covenant   light   b I roll Abr show Bac Abr Lord raym salk debt upon a  obligation the defendant plead that the plaintiff by indenture c do covenant  that he will not sue the bind before Michaelmas and thereupon demand judgement  si action c intend that the action be suspend for that time be go for ever it  be thereupon demurrer and argue by Fleming for the plaintiff and by draw for  the defendant and Henry Henry be cite but the court without further argument  resolve for the plaintiff for it be only a covenant and shall not inure as a  release and it be not to he plead in bar but the party be put to his writ of  covenant if he sue before the time but if it have been a covenant that he will  not sue it at all there peradventure it may inure Ps a release and to he plead  in bar but not here for it never be the intent of the party to make it a  release and it be adjudge for the plaintiff a Lut barn croak Elizabeth er p
case DEVENLY against and Welbore where a promise be to he perform at the  request of the plaintiff the request and the time and place where it be make  must he express allege ante Lut Owen sand Brownl Jones Sav assumpsit against  the defendant as executrix of George Welbore and declare that in consideration  that the plaintiff will assure certain land to Thomas Percy at the instance of  the say George he assume that if Thomas Percy do not pay he yearly upon  request ten pound and ten load of faggot that he will pay they a and allege in  facto that he do assure the land c to the say Thomas Percy and that the say  Thomas Percy although spius require do not pay the say ten pound and ten load  of faggot nor the say George in his life nor the defendant since his death  upon non assumpsit it be find for the plaintiff coke move in arrest of  judgement that the declaration be not good for the payment of the ten pound c  be to he upon request and a request be material for otherwise the defendant be  not Chargeable and therefore the request and the time and place where ought to  be express allege and of that opinion be the court and judgement give that the  plaintiff nothing cap per billam
case DEVERED against Ratcliff late sheriff of London easter term Elizabeth  roll a custom to charge the bail in execution upon the return of a can sa  against the principal without a to know facias against they be v oid post roll  Abr I side bro Abr pl hob Allen Leon palm Bac Abr will dougl Blac Rep debt for  a escape and count that whereas he have a judgement in debt against one in  London and a cap ad satisfac against he upon which a non inventas be return  for which one of his surety be in prison there upon a plaint there under the  custody of the defendant be detain in execution secundum experience community  proedict as appear by the record there and after he escape c upon this the  defendant demurrer first cause for that it be not express say that there be  such a custom but only secundum experience c second the recognizance of the  bail be joint and only omeis command to he detain in execution three the  custom be not good for he ought to have a to know facias against the bail for  it be unreasonable to take he croak Elizabeth in execution without answer for  he may plead a release of the party or that the principal be dead and so  discharge himself c and for these cause it be hold the declaration be not good  and the custom unreasonable and the plaintiff have judgement
case deviis against clerk Hilary term Elizabeth roll in debt on bind and the  general issue plead if the defendant relinquish his plea the judgement shall  be in pity post roll ab   cro car sand Com dig Bac ab Bac ab error of a  judgement in the king bench the error assign be because in debt upon a  obligation the defendant plead non be factum and afterward relict  verificatione confess the action and the judgement be in pity where it shall  be to take in hand because he once deny his deed so he ought to be fine to the  king vide Henry Edward pl gawdy be of that opinion but Fenner and William  contra because a fine be not Payable but where he deny his deed and it be find  against he upon his false plea and the juror be trouble with the trial thereof  therefore for trouble the king court and for trouble the country and the  falsity of his plea he shall be fine and imprison but when it be not find  against he but he relinquish his plea he shall be only amerce and so accord it  be say that the precedent be in this court and in the court of common plea  wherefore the other Justitiariis send away the judgement be affirm accord by  car c after verdict or confession by cognovit act or relict verificatione no  judgement shall be stay or reverse for want of a pity or to take in hand or by  reason that a to take in hand be enter for a pity or a pity for a to take in  hand and by will and mary e the capias pro fine be take away
case dickens against marshal easter term Elizabeth roll a devise of all my  land and good after my debt and legacy pay to a and b my child equal to he  divide hetween they passes a estate for life only in jointtenancy ante post    b   light b a b S d more Goujds Com dig vern pale yellow Dev Peer will salk  Swinb Mod ld raym Peer will brown p c brown p c will Cowp term Rep brow Cas Ch  a defendant l c b Parker ms a say vide Jones croak Elizabeth er p the case  upon special verdict be I Toby devise all his land and good after his debt and  legacy pay to r Toby and mary his child equal to he divide hetween they the  question be first whether a estate of inheritance or only a freehold pass by  those word second if they be jointtenants or tenant in common and after  argument the court resolve first that a estate for life only pass for although  the devise of the land and good be couple together and it he a devise for ever  of the good yet for the land there be nowords to pass the inheritance only a  estate for life passes and although it be object that the devise of the his  debt and legacy pay so this be limit after he have make a end of dispose  anything and it be to his child of which his heir be one so that he intend to  give as much to one as to the other and that he do not limit any estate over  to any other yet the court hold that only a estate for life do pass Popham say  it may be doubt if any land do pass in case he have a term for year in land  and so the devise of land may he supply and that only the term shall pass  second point they all conceive it be a joint estate and that they shall not  take by part in common for he do not appoint a division to he make but Fenner  aid that in Elizabeth hide v Southcot it be adjudge that a devise of land to  two S equal divide this be a tenancy in common but here it be to two equal to  he divide and it be not certain that a division shall he make
case Dickinson versus Molineux viner title prerogative post by a extent in aid  take out by a simple contract creditor against himself and the debt find he  prefer himself to bondcreditors who have recover judgement against the  executor the executor not relievable in equity say Qure the plaintiff  testatrix be indebt to several person by several bind c and to the defendant  by simple contract and judgement be recover against the plaintiff upon one of  the bind the defendant be one of the king receiver and bind with surety to the  king to answer what he shall receive take out a extent in aid against himself  and have this simple contract debt find and take out a to know facias against  the plaintiff and have judgement thereupon in the exchequer whereupon the  plaintiff bring his bill here to be relieve suggest that these proceed be  fraudulent and on purpose to interrupt the legal course of administration and  to defraud the rest of the creditor for there be no further asset that have  debt of a high nature and to make he pay what have be recover by they against  he out of his own pocket that this extent be not prosecute by the king but by  the defendant himself and at his charge and that he precedent in chancery be  not real indebt to the king at the time of the extent though the bind be keep  on foot or that if he be he or his surety be able to pay the king debt and so  that not precedent in chancery er p the defendant plead these proceed in the  exchequer in bar to the plaintiff relief but by his answer confess that he  have prosecute the extent at his own charge and that he be able to pay the  king at the time of the extent the court allow the plea and will not relieve  the plaintiff and yet not long before they have relieve alderman Sturt in case  of such a extent queen wherein this case differ from that further than that  there the creditor be plaintiff here the executor precedent in chancery de  boundary S mich in curian porter
case Dickson against thomson the confession or acknowledgement of a debt will  avoid the statute of limitation assumpsit the statute of limitation plead  replication quod assumpsit infra sex aged issue thereon rule by Scroggs chief  justice upon evidence and agree by all the counsel that promise of payment  within the six year though the debt be contract long before will evade the  statute of limitation but confession or only acknowledgement a that he owe the  plaintiff so much will not do it
case die against well how breach of covenant may be assign covenant to permit  the plaintiff to carry away tree breach quod non to let pass send obstruct et  obstupavit hold well upon demurrer and judgement for the plaintiff
case digby against white variance in plead a release post dyer   light Cowp  debt upon a obligation of twenty pound date that June car the defendant plead  that the plaintiff22d February Decimus caroli release to he all action and  demand which he have c the plaintiff demand oyer of the release which be a  release of all action to the that of January before the date of the release so  it be not a release of all action until the day of the release and for this  misprision the plea be adjudge ill and the the plaintiff have judgement
case Dighton against bartholomew easter term Elizabeth roll on a nonsuit for  nonappearance in that has arisen by birth hahendo the judgement must he a  misericodia ante yely error of a judgement in nalivo hahendo the error assign  be for that the plaintiff sue a that has arisen by birth hahendo and after a  pone facias speech and at the day of the return thereof the plaintiff appear  not and a final judgement be enter against he and that the defendant shall he  quit for ever whereas it ought to have be only a pity where the plaintiff be  nonsuit before appearance and so he the precedent hill Henry roll where the  judgement in such case be in misericordid only and not final and of that  opinion be the whole court wherefore for this it be reverse vide Edward pl  Edward and Edward tit Villanage croak Elizabeth er p
case Dighton and holt case No man be bind to take the ex duty oath in the  spiritual court upon any matter which subject he to a penalty   light b roll  ab hob cro Elizabeth Inst Bulst rush Mod barn strange salk a prohibition lie  to the spiritual court for refuse to grant a copy of the libel Robert Dighton  and William holt be commit by the high commissioner because they refuse to  take the oath ex duty a whereupon a habeas corpus be award it be return that  they be commit because they be convert for slanderous word against the book of  common prayer and the government of the church and be tender the oath to be  examine upon those cause they refuse and be therefore commit and after three  term deliberation the court now give their resolution that they ought tobe  deliver coke chief justice render the reason first because this examination be  make to make they accuse themselves of the breach of a penal law which be  against law for they ought to proceed against they by witness and not enforce  they to take a oath to accuse themselves and he thereupon cite two precedent  the one in Elizabeth in Lord dyer not print where lee a attorney be convert  before they because he be present at mass and they will have examine he upon  his oath of these matter and be imprison for refuse the oath this matter be  return upon a habeas corpus into the common plea where he have his privilege  and be discharge another precedent he cite to be in Elizabeth where Roland  hind be convent before they upon pretence of usury and be offer to be examine  upon his oath and refuse and be commit for that cause be discharge second for  that it appear here upon examination that they require a copy of the  interrogatory and be deny they and that be within the equity of the statute of  Henry c b where the copy of a libel be deny wherefore they be bail
case Dillingham against gately false Latin will vitiate a writ unless where  the writ set forth the whole case as in a action upon the case a action upon  the case upon a promissory note and a demurrer for false Latin in the original  which be to place ad crossroads for to place c Mr Raymond for the plaintiff  say that false Latin if immaterial shall not abate a writ per curian in a  action upon the case the original set out the whole matter so that the  original be as the bill and therefore false Latin shall not vitiate it but if  it have be in a writ for which there be a exact form in the register then it  will he have a see the statute Geo c and Geo c S by which all proceed  whatsoever which concern the administration of justice shall be in the English  tongue and language only a judgement to answer ouster
case Dillon against brown queen upon warrant to confess judgement and a  agreement to stay execution for a year how the year shall be reckon brown give  a warrant of attorney to Dillon to confess a judgement to he and execution be  sue out thereupon it be move to set it aside for irregularity upon suggestion  that it be agree modern er p between the party at the execution thereof that  no execution shall be take out till a year after the court reflect upon a  gentleman all the bar who be say to be advice with in the transaction because  the agreement be not by deed but the plaintiff insist on it that he have stay  a year for the warrant be in a long vacation and the judgement be enter as of  Trinity term before and the execution be not execute till after Trinity term  follow so the plaintiff have wait a year from the judgement enter but the  court be not agree whether in such case the year be to be reckon from the date  of the judgement or of the warrant and the matter of fact be refer to Mr clerk  he report that there be no such agreement make at the time of the warrant give  so the execution stand but qure if in this case execution be delay till after  the year a to know facias be not necessary notwithstanding the parole  agreement in the case of booth v booth salk SC post a it be hold that it be  necessary although execution be stay by injunction see also wither v Harris  salk S c Mod b
case Dillon against Walcot on reversal of judgement and award of restitution  to know facias shall go to the terretenants S c ante Writ of error of a  judgement give in the court of king bench in Ireland walcot ancestor have be  attaint of high treason in Ireland and his estate grant by letter patent by  king Charles the second to the earl of Roscommon the judgement be reverse by  writ of error in the court of king bench in England and that reversal affirm  before the lord and thereupon a mandate to the court of king bench in Ireland  to award restitution which they do without any to know facias against the  terretenant whereupon Dillon bring this writ of error set forth the attainder  and a grant to the earl of Roscommon and that the plaintiff be assignee of the  say earl of Roscommon and that the award of restitution ad damnum c the want  of to know facias against the terretenants be assign for error and in nullo be  erratum plead per curium here be a extravagant error for upon the reversal the  judgement be that the party be restore to whatever he have lose c but that  must be know and the way be to come and suggest that he be seize of such and  such land c and to take a to know facias against the terretenants and they  thereupon ought to be summon and may come and show cause against restitution  as perhaps a fine levy by the heir c or by the party himself and it will be  prudent in a purchaser of a attaint person estate to procure such a fine and  this have be do by the purchaser of h Martin estate while he lie condemned in  the tower
case Dillon against Walcott on reversal of attainder of high treason the  terretenants shall be serve with to know facias S c post ante the defendant  attainder of high treason be reverse for want of the word Self to live in that  part of the sentence which concern the burn of his bowel and the judgement of  reversal be affirm in parliament restitution be award by the king bench in  Ireland without any to know facias against the terretenants of the patentee of  Walcotts estate and a writ of error bring into the king bench hither and this  clear allow to be a good error a but Northey since attorneygeneral except  against the writ because it do not appear by it who be party to the award of  restitution for if the award of restitution be reverse there must go a to know  facias against the present terretenants which can be if it do not appear by  the writ who they be
case dingley against halse in debt against a executor if a devastavit be  return and there be judgement de good not common with others he may be hold to  special bail in a action on the judgement debt against a executor no asset  plead asset find and upon a devastavit return there be judgement against he de  good not common with others the plaintiff bring a new action of debt upon that  judgement recite all that matter and lie it in the debet and to hold off  shower KB resolve that the defendant be bind to put in special bail though a  executor because there may have issue a become facias de good not common with  others and though this be a new way to recite c yet the court know no  inconvenience in it it be now become the executor own debt the sole reason why  executor be not bind to put in special bail be because non constat whether  they have asset or no but the jury have find asset they ought to put in  special bail to a action of debt on such judgement rule by the whole court
case dingley against more a indictment on a statute which be temporary and  make perpetual by subsequent statute may conclude contra form to cause to  stand and not statutor hale hale Owen yely Cro Jac I hawk stram ld ray dougl  information upon the Henry kc for buy of worstedyarn within the county of  Norfolk not be a weaver and recite the Henry c and the Edward c whereby it I  make perpetual and that this offence be contra form to cause to stand Henry c  Fenner hold that for this cause the information be not good for the Henry c be  do now as a Act by itself but it be a noun adjective and it ought to be couple  with the statute of prince Edward and the information ought to conclude contra  form statutor c as it be in shelton case where one be indict for recusancy  contra form to cause to stand it be award to be ill for it ought to have be  contra form statutor of I Elizabeth Elizabeth Popham true it be that it be so  rule because the Elizabeth c depend upon Elizabeth c for it be that every one  who refuse to go to church against the form of the Eliz c shall forfeit so  much c but the case in question differ from it and therefore there ought to be  a difference observe when a statute be make to endure for a certain time and  be afterward make perpetual by a new Act or make perpetual in part and where  it be continue witha new addition for where a statute be make perpetual in  part or in whole without any new addition or alteration the offence may well  he suppose against the form of the first statute for that Act be croak  Elizabeth make to continue and here in this case the Henry c be make to  continue for yarn spin upon rock but not for other yarn and the information  may well he contraformamstatuti of Henry c but Popham hold that this  information be not good because he do not show that it be yarn spin upon the  rock for otherwise it be not any offence as they all hold
case DINSLOWS case a indictment for perjury must direct allege that the  defendant be swear hawk p c c S Bac Abr dougl t Rep he be indict upon the  Elizabeth c for perjury and the indictment be that facto per see sacrifice  Gospel falsb to lay but it be not direct allege that he be swear and the  indictment be discharge for the justice say when such a heinous crime be  object against one it ought to be full allege otherwise it be not good croak  Elizabeth er p
case DISPLY against sprat a man can have but one name of baptism but he may  have two surname post cro James     light a Bac Abr ejection firm they be at  issue and in the venire facias one of the pannel be name Thomas Barker of d  and in the distringa jurat he be leave out and Thomas carter de d put in his  place at the nisi prius Thomas carter be swear and with other try the issue  coke allege this in arrest of croak Elizabeth judgement for now there be but  eleven of the pannel Thomas carter be mistake and false name for Thomas baker  as in a venire facias a juror be return by the name of George Thompson and in  the distringa jurat he be name Gregory Tompson and swear at the nisi prius and  this be hold a void verdict but the court say there be a great difference  hetween a mistake in the name of baptism and in the surname for a man can have  but one name of baptism but may have two surname a Phinken v Griffith post  dougl term Rep croak Elizabeth er p
case Dixon against Adam a assumpsit will not lie on a promise to the bail to  deliver the bind on which judgement be obtain in consideration of his have pay  I the debt more ante hob side roll Abr Wilson Cowp Assumpsil for that I S and  I d be oblige to Adam in and thereupon he sue I S in the queen bench in which  suit Dixon hecame bail Adam recover and upon a scirefacias against Dixon the  bail have judgement against he and he without other process pay the  condemnation and Adam in consideration ind assume to Dixon to deliver unto he  the principal obligation and a letter of attorney to sue it against I d and  for non performance hereof the action be bring and Pon v on assumpsit plead  and find for the plaintiff he have judgement and thereupon error bring because  it be not a sufficient consideration and so it be hold by the whole court for  Dixon have not do any act whereto the law will not have compel he wherefore  the judgement be reverse croak Elizabeth hilary term 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 attorneygeneral sir Thomas Fleming  solicitor general
case Dixon against Robinson see gingell v Stepney borough Council modern king  b if the king grant a fair general the grantee may keep it where he please or  if grant to be hold in a town he may keep it in any place in the town Inst  post roll Abr Mod Bac Abr ld ray this be a special issue direct out of  chancery and try this day at the bar by a Middlesex jury the question be  whether ballivus Probus man et citizen castle de Andover in Hampshire have  power to keep a fair at Weyhill in any one place where they please the bill be  exhibit to confine the fair to a particular place which fair be grant to they  by charter from queen Elizabeth modern er p they who will have it confine to a  certain place give in evidence that the hospitaller of Ewelme in Oxfordshire  be seize in fee of the manor of Rambridge within which manor the modern place  be where the fair be always keep and that the parson of Andover have glebe  there that this place be call Weyhill and that the profit do arise by piccage  and stallage to the yearly value of two hundred pound that it be a ancient  fair hold there by prescription before the town of Andover have a charter that  upon the late surrender of charter the town of Andover do likewise surrender  and take a new charter in which liberty be give to they to keep this fair in  what place they will that both the hospitaller and parson petition the king in  Council and obtain a order to try where the fair ought to be keep which be try  accord at the exchequer bar and a verdict for the parson Herbert chief justice  if the fair belong to Andover they may choose whether they will keep it at any  place and that may create another question whether they may not forfeit this  franchise by disuse but certain if the place be not limit by the king grant  they may keep it where they please or rather where they can most convenient  and if it b so limit they may keep it in what part of such place they will
case Dixon against terry Hilary term will mary roll general release to the day  of the date do not release a battery commit on that day trespass assault and  battery the defendant plead a general release of all action c from the  beginning of the world usque ad they act of giving of the say release it  happen that the battery be do upon that very day on which the release be date  so that it be hold that this action be not discharge for the release do not  include that day the defendant shall have traverse see creed v Lappan fort a  all c after the day of the date of the release
case Dixon against thompson to a action for a malicious prosecution a plea  that the action be bring to recover a debt on bind without allege that the  money be due and unsatisfy be bad special plead Mod action of the case for the  malicious prosecution of a suit in a inferior court without cause the  defendant plead that the plaintiff be indebt to he by bind in the sum of six  hundred pound et pro recuperation the same c demurrer to it because he do not  say express that the money be due and recoverable for it may be and the fact  real be that the day of payment in the condition of the bind be not come  Adjournatur Pemberton chief justice that wheresoever the plea amount to the  general issue there you may demurrer be a fallible rule for where ever there  be a matter of law in it which may inveigle the jury they may plead it special  as entry and suspension
case Dixon against willow money S c salk S c comb S c salk S c holt holt chief  justice guinea be coin at the king mint for twenty shilling and at that rate  be lawful money of England without any proclamation for their currency the  indenture between the king and master of the mint be sufficient
case do versus peacock march four seal before easter term where one out of  several defendant obtain a order to plead answer or demurrer but not to  demurrer alone and demurrer to the bill as contain different matter and  inconsistent and answer nothing more than the charge of combination and  confederacy only the court incline to think it be not answer pursuant to the  order a motion be make by Mr Evans to discharge a order where one out of  several defendant have obtain a order to plead answer and demurrer but not to  demurrer alone because he have evade the order for after demurrer to the bill  as contain different matter and inconsistent with each other he answer to  nothing more than the charge of combination and confederacy only and this be  what he must absolute atkins er p do to support even his demurrer which  without it must have fall to the ground and therefore can be consider as a  answer atkins Lord chancellor incline to think that this be not answer in  pursuance of the order vide Stephenton v gardener p W lee v Pascoe bro Charles  Rep Mitfords plead but as the demurrer may soon be determine the delay will be  of very little consequence to the plaintiff and therefore will not discharge  the defendant order for time in vern Hester versus Weston it be lie down that  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 the answer  defendant do more than bare deny combination and confederacy he overrule his  demurrer
case dobbin case Trinity term Elizabeth roll assumpsit in consideration of  assign land be good though it do not appear that either plaintiff or defendant  be in possession for a year before assumpsit the plaintiff count that whereas  he claim to have a title to certain land in d the defendant in consideration  that the plaintiff assume to assign his right title and interest to the  defendant he assume to pay he forty pound c and after verdict it be allege in  arrest of judgement that this be a unlawful croak Elizabeth er p consideration  and against the statute of Henry c for it appear not that the plaintiff be in  possession by that e space of year before so that he can assign to the  defendant nor that the defendant be in possession that he may release to  him Sed non allocatur for it stand indifferent whether he be in possession or  not and a declaration shall not he avoid but for great cause and the plaintiff  have judgement
case dobson against key Trinity term James roll if the word of a bind be  enough to show that the party be bind it be good ante post     Yelv cro car  vent Cowp debt upon a obligation of ten pound date January the defendant  demand oyer thereof which be enter in haec word noverint whole world per  present circumstance I key tender et really to bind up William dobson in ten  scales bene et with reliance on God a the word upon the roll be and if any of  my son die the one to be the other heir  L c b Parker ms see also fearne count  Rem and SC Bulst pollex a this judgement appear to be a mistake Fearne for by  SC Bulst it be enter quod to express grief nil to take in hand per billam  croak James er p solvend that tres twenty die January year king James England  et Scotland et year domini and it be sign Robert key it be demurrer whether it  be a good bind and whether the declaration be well warrant thereby adjudge to  be good for it be but false Latin which shall not make void a bind and the  date be impossible as to the year of the king but the year of the Lord and the  day of the month suffice and the name of the obligor subscribe be sufficient  though there be a blank or blot for his Christian name in the bind wherefore  it be adjudge for the plaintiff
case dobson against THORNISTONE to say of a husbandman or farmer he owe more  money than he be worth he be run away and break be actionable post roll ab  side lev cro car Carth ray cro James ld ray ld ray the plaintiff be a  husbandman who bring a action against the defendant for these word he owe more  money than he be worth he be run away and be break and he have a verdict it be  move now in arrest of judgement that the word be speak of a farmer be not  actionable to say that a gentleman be a cozener a bankrupt and have get a  occupation to deceive man though he use to buy and sell yet be no merchant it  be the better opinion of the court that the word be not actionable Hilary term  Elizabeth n b r Godbolt a so to say of a farmer that he be a whoreson bankrupt  rogue and it not appear that he get his live by buy and sell or that the word  be speak of he relate to his occupation it be not actionable Phillips v  Phillips style b for it must not only appear that the plaintiff have a trade  Hawkins v cut hut c but that he get his live by it Emmersons case side d  otherwise the word speak of he will not bear a action but the court hold the  word to be actionable the like judgement be give in the case of a carpenter in  Michaelmas term James for word videlicet he be break and run away
case docket against VOYEL Michaelmas term Elizabeth roll assumpsit will not  lie upon a consideration which be pass and execute ante more Owen dyer roll ab  lev Leon Leon yely contra assumpsit whereas the defendant that may Elizabeth n  consideration that the plaintiff at a certain day then pass at the defendant  request have lend unto he for such a time that the defendant assume to lend  unto the plaintiff upon request for a year or otherwise to give he S the  plaintiff allege that the defendant do not lend he licU requisite c nor pay  the say S and it be thereupon demurrer because the consideration be pass and  execute and the consideration and promise ought to go together or else it  ought to be a consideration continue wherefore for this cause it be adjudge  for the defendant
case DOCKREY against tan in debt on bind Payable if demand the action be a  sufficient demand debt upon a obligation condition for the payment of one  hundred and twenty pound at the full age of I burgess if it be demand the  defendant plead that the plaintiff do not demand it after the full age of  burgess it be thereupon demurrer and without argument adjudge for the  plaintiff for the bring of the action be a sufficient demand in itself
case DOCMANNY against Davenant there can be a demurrer to a plea in abatement  S C salk the defendant demurrer in abatement and the plaintiff join in bar and  judgement final be give for the plaintiff the court say they know not what a  demurrer in abatement be for if the cause be apparent to the court they will  abate the writ c themselves or else it ought to be plead and they say that  they will turn all such demurrer into bar modern er p though Eyre justice  quote the case of Wimbish v Willoughby Plowden roll Abr a a precedent of a  demurrer in abatement
case DOCTON against priest tenant in common may make partition by parole if  accompany by livre at the time but a partition hetween jOinttenants be not  good without deed Vgayrgraves   light a note b Cowp post Ejectionefimn ce upon  special verdict it be find that two tenant in common of a house and land make  partition within the house of the house and land by parole without deed the Q  uestion be if it be a good partition and the opinion of the court wonder as  that a partition hetween tenant in common upon the land be good without deed  for it amount to a livery in law but it be not so hetween jointtenants for  they can make livery one to the other but Wray c j say that a partition make  by parole of a thing that may pass without livery as a lease for year be good  but in this case the partition be in the house and not on the land and it be  not find the land be within view and so it can amount to a livery in law and  for that cause it be adjudge for the defendant that the partition be not good  for the land for which only the action be bring
case doctor atkins against gardener the successor to the precedent of the  college of physician may sue out a to know facias on a judgement recover by  his predecessor ante roll Abr   cro car ld raym Mod to know facias upon a  judgement in debt upon the statute Henry c by doctor Laughton precedent of the  college of physician in London he die before execution have and thereupon the  successor bring a to know facias to have execution it be thereupon demurrer  because the to know facias ought to be bring by the executor or administrator  of he who recover and not by the successor but upon hear of the record without  argument the court hold that the successor may well maintain the action for  the suit be give to the college by a private statute and the suit be to be  bring by the precedent for the time be and he have recover in right of the  corporation the law shall transfer that duty to the successor of he who  recover and not to his executor the action be bring for that he croak throw  practice physic in London without licence of the college of physician against  the statute of Henry c wherefore it be adjudge for the plaintiff
case doctor BRIKENDENS case cost award by a spiritual court before a general  pardon though not tax till afterward be not take away by the pardon   b post  roll ab hawk p c a prohibition be pray because upon prosecution in the  spiritual court for tithe sentence be against the defendant and a appeal sue  thereupon and dr Brikenden make thereby a party as promoter of the suit who be  not any party thereto the first sentence be confirm in November and cost be  then award to dr Brikenden but not tax until Hilary term between the time of  award the cost and of tax the same come the pardon which pardon all offence  before December whereby this offence and the cost tax thereupon as be pretend  although they be award in the spiritual court before the say pardon be also  pardon and because it be not there allow a prohibition be pray but the court  deny it for those cost be award to the party before the pardon although they  be tax afterward be not take away by that pardon
case doctor BROOKBANCK against ALLENSON a citation issue by the chancellor of  a diocese against a person for incontinency may be serve on a Sunday  notwithstanding the car c S c salk S c Mod S c Carth doctor Brookbanck  chancellor of Durham issue a citation ex duty against Allenson for  incontinency and that she shall be personal serve with it and if it can not be  so then to fix it on a Sunday on the churchdoor and it be so do and she be  excommunicate for not appear her counsel move for a prohibition because by car  c no process shall be serve on a Sunday and that by that statute this citation  be void but the court be of opinion it be good and proper to be execute on  that day and that the statute car c do not forbid the execution of such  process as can not be but on Sunday and so it be in the case of a summons in  real action a and if by the ecclesiastical law process be to be serve on a  Sunday the general word of this statute will not take it away
case doctor herbert against Monday Ro ab side keb Bac ab ejection firmt upon  evidence a question be move a parsonage within the diocese of Winton be annex  to a prehendary in Sarum the prehend in I Edward let we it for ninetynine year  which be confirm by the bishop dean and chapter of Sarum whether this be good  without the confirmation of the bishop of Winton in who diocese c ?Popbam  chief justice this be in my time a great question but it have be in two or  three case since resolve that it be well enough whereto all the other justice  agree
case doctor Leafield against HELICAR if a person justify as servant to a  patentee the patent must be show ante post   cro car   light style Carth Bac  ab hawk trespass for tithe take the defendant justify as servant to a patentee  of the queen for year and by his command and do not say hic in curian prolata  a and for this cause the plaintiff demurrer in law general and judgement for  the plaintiff and now error be bring and assign for that he be but a servant  the letter patent from the queen do not belong to he and therefore his plea  without show they be good but all the justice and baron conceive in regard he  derive his title from the patentee not by act in law but by his command that  he ought to show the letter patent as well as he who claim interest under the  patent by assignment but he who claim interest under a act in law for that he  have no mean to compel the patentee to show it may justify without show it  wherefore the judgement be affirm croak throw hilary term James in the king  bench sir Thomas Fleming Knt chief justice sir David William Knt sir John  croak Knt sir John Doderidge Knt justice sir Henry Hobart Knt attorney general  sir Francis Bacon Knt solicitor general
case doctor POORDAGE a physician be not exempt by the commonlaw from be elect  constable S c keb S C side ante roll Abr lev Comyris Mod Mod stram stram  Bartue move for a writ of privilege for he be be a practice physician in town  and choose constable in a parish the court say if the office go by house he  must make a deputy but upon consideration the motion be refuse and a  difference make between a attorney or barrister at law and a physician the  former enjoy their privilege because of their attendance in public court and  not upon the account of any private business in their chamber and a physician  call be a private call wherefore they will not introduce new precedent a the  defendant be a member of the college of physician in London and be choose  constable of the parish of Bradfield in Berkshire for a house he have there it  be say in siderfin that he be discharge but in pindar v daily comb by Withers  justice the report by siderfin be say to be good law and S C Keble state the  custom of Bradfield and agree that the writ of privilege lie not by the Henry  c member of the college be excuse from the office in London see also the Henry  c will c hawk p c see also king v gouge Cowp king v clark term Rep a
case doctor SYBTHORPS case malicious to say that another be do such a thing  which if do will be felony be actionable for it shall be intend in the worst  sense SC Jones roll ab action for word for that the defendant at BurtonLazers  church speak these word see doctor Sibthorp be rob the church and afterward at  another day speak of the plaintiff doctor Sybtborp have rob the church  innuendo the church of BurtonLazers croak car after verdict for the plaintiff  bagshaw move in arrest of judgement that for the first word a action lie not  because he do not charge he with a act do but in attempt to do a act and for  the last word that it lie not because it do not mention what church nor of  what thing and it may be in take away the lead or such thing which be not  felony a or as the common speech be for not pay his tithe say non allocatur  for all the court bold that for both speech a action lie for it be to be  intend in the worse part be speak malicious to slander he and that it be for  the take of such thing as be a felonious act and although it be object that  rob the church be a intention to do a act and be not felony and to say that he  attempt to do a act can be felony and therefore no cause of action Berkley say  that for say such a person be rob such a man or ravish such a woman a action  lie so here wherefore it be adjudge for the plaintiff vide Benson v Morley b  where it be adjudge that for these word thou have rob the church innuendo the  church of alphage a action lie
case doctor trevor case the chancellor register and commissary in the  ecclesiastical court be officer within Edward c and restrain from buy or sell  their office Noy more Inst   salk lie Ch Cas Ven hob Com dig Bac ab hawk p c  note it be resolve by the opinion of the justice upon a reference to they by  the Lord chancellor in the case of dr Trevor for the office of chancellorship  of Llandaff that the office of chancellor register and commissary in  ecclesiastical court be within the statute of Edward c for although they  concern matter principal pro salute air yet theyalso concern matter about  matrimony and legitimation which touch the inheritance of the subject and  about matter of legacy for chattel real and personal and in that respect be  court of justice and therefore the office in those court be as well office  intend within the say statute of Edward c which restrain the buy of office as  any other office in the court of the commonlaw
case doctor uvoodward case at what time judgement on a warrant of attorney may  be enter SC post the question be upon the regular entry of a judgement upon a  warrant of attorney per curian if a year pass after a warrant of attorney give  judgement can be enter upon it without leave of the court but if one give a  warrant in vacation to give judgement as of last term his death do not  determine that warrant because the party be alive at the time of the judgement  enter and the time of enter the judgement be not express on the roll but in  the margin and the use of it be for the security of purchaser only but without  it it be good against the party also if a defendant make default so as the  plaintiff may have enter judgement against he and before actual entry the  defendant die yet the plaintiff may enter his judgement as of the term in  which default be make holt chief justice quote Shelleys case   and more jenk a  who die at four oh clock in the morning of the day on which the recovery be so  that if you reckon hour or minute he be dead at the time of the recovery have  yet it be hold good so if the caption of a fine be take in the vacation if the  writ be returnable the next term the death of the party determine it but if it  be returnable the term before it shall be well notwithstanding the party death
case dodwell and his wife against Burford in trespass the court will not  increase the damage if the injury be consequential S C side S C Danv lev roll  Rep ray cro James cro car   ld ray stram bull n p trespass the plaintiff in a  action of battery declare that the defendant strike the horse whereon the wife  road so that the horse run away with her whereby she be throw down and another  horse run over her whereby she lose the use of two of her finger the jury have  give they fortyeight pound damage and they move the court upon view of the  mayhem to increase they whereupon the declaration be read but the court think  the damage give by the jury sufficient a as to the increase of damage see ld  ray will will will a
case DOGATTE against lawry the possession of steal good without be able to  give a probable account of come honest by they be good cause of arrest by the  officer of commitment by the magistrate and of prosecution by the owner but on  the replication de son tort c to a action for such a prosecution if the jury  find it be sans tiel cause the plaintiff shall have judgement ante post action  upon the case in nature of a conspiracy for that the defendant false and  malicious at WestAllington chargedhim with felony and there cause he to be  bring croak throw before Mr Gilbert a justice of peace and procure he to bind  the plaintiff for his appearance at the general gaoldelivery in the county of  Devon that the defendant there exhibit a bill of indictment which be find to  be minim true whereby he be much damnified and put to great expense the  defendant plead that he have diverse sheep steal and miss diverse other which  be find in the plaintiff possession go with twelve sheep which be steal  whereupon he complain thereof to the say Mr Gilbert who examine he and find he  variant in his examination bind he to appear at the general gaoldelivery and  the defendant to give evidence whereupon he at Exeter at the gaoldelivery  exhibit his bill which be the same conspiracy the plaintiff say de son tort  demesne sans tiel cause and issue thereupon it be find for the plaintiff it be  move in arrest of judgement first that this be no conspiracy be but by way of  complaint to a justice of peace say non allocatur for the plaintiff have lie  it to be false and malicious and the jury have find it to be sans tiel cause  it all appear to be without any ground and therefore he be punishable second  that the venire facias be award of WestAllington where it ought to have be  also of exon for all the cause be in the issue say non allocatur for there  only be the offence which be only in issue wherefore the trial be good and it  be adjudge for the plaintiff croak James er p
case dolin versus Coltman refer to Dawson v bank of Whitehaven Ch d of  purifying in court Eq can ab pl pl S c the wife join in a mortgage and levy a  fine to bar her dower and in consideration thereof the husband agree the wife  shall have the equity of redemption in lieu of her dower and afterward he make  a second mortgage this agreement be fraudulent as against the second mortgagee  so far as to entitle the wife to the whole equity of redemption but decree she  shall have her dower notwithstanding the fine the wife join with her husband  in a mortgage and levy a fine to the intent to bar her dower and in  consideration thereof the husband agree the wife shall have the redemption of  the mortgage and the husband afterward mortgage this estate twice more the  court take this agreement to be fraudulent as against the subsequent mortgagee  so far as to entitle the wife to the whole equity of redemption but in regard  his wife in confidence of this agreement have levy the fine and thereby bar  her dower and the husband and wife be both live the court decree that after  the husband decease the wife in case she shall happen to survive he Vernon  chancery case shall enjoy her dower and whereas the mortgagee press that the  decree may only be that she shall enjoy her dower notwithstanding the fine the  court think it unreasonable in this case to put the wife to her writ of dower  because they may convey away the estate and she not know against who to bring  her writ of dower and therefore decree the dower to her vide sir John  Packington v barrow pre Ch pen v peacock ux Forr
case dolphin against clerk venire facias award before appearance shall be  amend by the roll post Yelv cro Elizabeth cro car hob Com dig Bac ab stram  Cowp dougl term Rep a venire date on Sunday be amendable post dyer Com dig  Cowp term Rep ejectment after verdict exception be take in arrest of judgement  that the appearance and issue be in Hilary term James and the bail be tomorrow  purification and thereupon be the declaration and issue and venire facias  award croak James er p bear date January James and upon this a distringa  February so that the venire facias be award before the appearance and  declaration to try the issue in the same action which can be good the court  hold that it be amendable for the roll be the warrant of the venire facias  which be variant from it the testae thereof shall be amend to be subsequent to  the issue join croak throw and whereas the testae be the d January which be  Sunday so not die assize towns it be hold that it also shall be amend for it  be but the default of the clerk and misawarding of the process which be aid by  the statute of Henry c and Elizabeth c wherefore notwithstanding these  objection it be adjudge for the plaintiff see also Ann c
case dominick versus langley eoden die in court Lord keeper the case arise  upon a marriage settlement wherein there be a proviso that in case the husband  shall have no issue male of the marriage but shall leave issue female then the  heir of his body or he that shall have the estate by virtue of the limitation  in the settlement shall pay to such issue female pound at eighteen year of age  or marriage which shall first happen the husband die leave issue male and  issue female by his wife and the issue male die before the portion to the  issue female become Payable Mr solicitor the intent of this settlement be that  in case the husband die and there shall be no issue male of the marriage live  when the portion become Payable then the pound be to be pay say non allocatur  per cur and the bill be dismiss
case DOMINIUS king versus carry Eq can ab pl S c Vid ante case this court will  not allow writ of error in the king bench upon judgement in the petty bag die  a Inst in a cause on the Latin side on a motion that the defendant caryi may  stand commit for not vacate his letter patent of reprisal it be move by Mr  Wallop that they may be at liberty to bring a writ of error in the king bench  and cite Vernon chancery case er p dyer c but the Lord keeper say all those  book be find only on the single opinion of my Lord dyer and that he think the  jurisdiction of chancery even of the Latin side not subject unto nor to be  control by the king bench and that he will enjoin all such writ of error but  note that in the case of Foxwith v Tremain vent one of the point there resolve  by the court of king bench be that a writ of error do lie out of the petit bag  into b r on a error in fact
case don against LASCOMB a underwriter be not liable unless the loss happen  upon the voyage insure debt upon a bind the condition be to pay money when a  ship shall go from a to c and from thence to Bristol and shall arrive there or  at any other port of discharge in England the ship go from a to c take in  provision at Bristol but not to be discharge there but proceed in her voyage  to cales and be cast away and by the opinion of the court the money be not  Payable but if he have never intend to perform the voyage it may have be  otherwise judgement for the defendant nisi modern er p
case don case word actionable post more Cowp action for these word if you have  your desert you have be hang before now  Coke move that the action do not lie  for that he do not show any cause why he shall he hang and desert may he in  his mind concern God curian contra for it shall he intend he have commit a  offence for which the penalty of death be due to he Wray c j say it have be  adjudge that where one writ the name of another upon a wall and writ also that  if this man have his desert he shall have be hang on these gallows and draw a  pair of gallows on the wall it be adjudge that a action do lie for this croak  Elizabeth er p
case DONFORD attorney of the king bench against else trespass will lie for  mean profit after recovery in ejectment though writ of error pen the plaintiff  recover in ejectment at York the defendant bring a writ of a see S p Spalton  and another v Moorhouse term Rep a Cause be show in the subsequent Hilary term  and a prohibition grant S c post modern report er p error and give bail accord  to the statute car c after which the plaintiff pen the writ of error bring  trespass for the mean profit Chesshyre pray the court will stop this action  for if judgement be affirm or the plaintiff in error nonsuit he be to have his  damage on a writ of enquiry accord to the same statute and if he shall recover  damage in this action he will be double satisfy but the court refuse to stop  the plaintiff for that it may be the writ of error be bring for delay and  suppose it be modern report not and the plaintiff recover in trespass that  recovery may be give in evidence to a jury on a writ of enquiry to lessen the  damage a
case Dorothy brian against COCKMAN to call a widow a whore and say her child  though bear in wedlock be bastard be actionable ante   roll ab hetley cro  Elizabeth Bulst Bulst cro James side Com dig action for word whereas the  plaintiff be of good fame and always free from adultery or fornication and  other crime and after the death of Brian her late husband be in communication  with one Cowley for a marriage betwixt they that the defendant to deprive her  of her fame and to hinder her from the say marriage speak of the plaintiff  these word she be a whore and her child innuendo her child which she have by  the say Brian late her husband be Frambishs bastard innuendo one Nicholas  Frambish upon not guilty it be find for the plaintiff Grimston move in arrest  of judgement that these word be not actionable for for call whore there lie  not any action and to say that her child by her former husband be Frambishs  bastard be repugnant in itself for they can be bastard which be bear in the  time of her former husband but all the court hold that the action well lie for  to say of a widow who be in communication of marriage with another that she  play the whore in her former husband time be a great discredit and to say that  her child be bastard although in truth they can be bastard in law yet in  reputation they may be so be cause of loss of her marriage and that none will  marry with her wherefore it be adjudge for the plaintiff croak car er p
case Dorrington against edwin and other Michaelmas term car roll if a replevin  by plaint on which pledge be find in the sheriff court he remove by certiorari  into the king bench and the plaintiff obtain judgement a to know facias lie  against the pledge on the return of a elongate to the retorno to have SC post  SC Mod SC comb SC skin replevin in the sheriff court in London by plaint and  pledge there find and on breve de to follow and return to have the record be  remove by certiorari and a to know facias sue here against the pledge Mr  pollexfen argue that the record be no more remove than a habeas corpus which  be to remove the body cum causan a and the bail below be not Chargeable here  in such case and therefore the pledge in replevin be in the same case and that  the statute of Westminster the second do not extend to replevin by plaint Mr  holt e contra argue that where the record be remove pledge be thereupon ad  prosequend et return habend and therefore we may have a to know facias here  now since the plaint and all be remove b it be true when it come hither by a  to think over the plaint be not remove but the command of the writ shower KB  be to make a record and return it the reason of the book of Edward pl be  because the pledge appear not upon record but only by surmise and thereupon  shall not have execution upon it against the pledge but here the pledge and  plaint be all apparent pollexfen the plaint and pledge be remove there c a cro  car b see James c and Geo c a Inst b yearbook Edward pl c Rastals Ent cro  Elizabeth shower KB er p Mr holt pledge at commonlaw be good here after  removal and the record here be remove by the plaintiff in the replevin d  Adjournatur e quaere if bail in a inferior court as the Marshalsea c be not  liable after judgement affirm here upon a writ of error
case Dorrington against edwin defendant after judgement in replevin may bring  to know facias against the pledge SC ante SC Mod SC comb SC skin replevin  remove by certiorari and for not proceed a to know facias be sue against the  pledge below now argue again and judgement for the plaintiff that the to know  facias well lie see Henry Henry Henry and Rastals entry
case dorset against chaplin though after a verdict want of a original be yet a  ill original be not aid by statute of Jeofails Writ of error out of the court  of common plea the error assign be the want of a original upon a return to a  certiorari direct to the custos narrow places it appear that the original be a  quare enclosed space to break in pieces it be urge that this be a improper  original for a action of debt and though after a verdict the want of a  original be aid by the statute of Jeofails yet a ill original be not aid to  this it be answer that a quare enclosed space to break in pieces be no  original in a action of debt and therefore the case be to be consider as if  there be no original at all to this it be reply that the certificate from the  proper officer be the only way modern report er p of try what the original in  the action be and he have certify that a quare enclosed space to break in  pieces be the original and this certificate the court be bind to give credit  to a cro James cro car Noy Yelv Brownl a modern report the court be of the  same opinion and will have reverse the judgement because of a ill original but  Mr reeves desire to speak to it Adjournatur
case dotter against ford Trinity term Elizabeth roll word against a tradesman  be not of themselves actionable unless it he aver there be at the time a  colloquium concern his trade Nov salk sand stram ld ray Bac ab action upon the  case for word whereas he be of good name c elper red mullet aged jam drive  back to be mereator and use the trade of merchandise tam infra kingdom queen m  extra that the defendant speak of he these word thou art a heggarly knave and  a bankrupt and thou art not able to show your face it be move that a action  lie not for these word unless it have appear by the declaration that he be a  merchant at that time for be speak of a gentleman or any who use not a Henry  Plowd Leon Leon a see pasley v freeman term Rep croak Elizabeth er p the trade  of mercbandizing a action lie not and of that opinion be the whole court but  the question be whether by alled ing that he use the trade of a merchant drive  back it shall he intend that he be a merchant per red mullet aged jam at the  time of the word spoken?And the court seem to doubt thereof because it be not  precise allege for it may be he use that trade for a time and leave it  afterward wherefore they will advice thereof
case dove against martin and another the death of one defendant after issue  and before trial may be assign for error case against two executor one die  after issue join before trial a verdict for the plaintiff it be move in arrest  of judgement that the suit be abate quaere if abate Self facto or only  abateable by plea agree to be error assignable a
case dove against WILLIOT a lease for year by parole make by the remainderman  of a copyhold in fee commence immediate if the tenant for life join with he  and surrender the estate to his use post   light Bac Abr Bac Abr term Rep  trespass upon special verdict the case be this tenant for life the remainder  in fee of a copyhold he in the remainder make a lease by parole tenant for  life and he in the remainder join in a surrender to the use of he in the  remainder in fee the question be if this be a good lease and shall take effect  in the life of the tenant for life?And it be herd by gawdy Clench and Wray  that it shall for the lease be good against he in the remainder and by the  surrender of the tenant for life to the use of he in the remainder his estate  be drown in the fee and as it be extinct and can hinder the lease to have  operation and be all one as if he be dead and be all in one band can have any  privilege sever from the inheritance as if he in the remainder grant a  rentcharge and after the tenant for life do surrender the rend shall commence  present but gawdy say if a lease he make for two year and after the lessor let  the land by parole to another for four year this be but a lease for two year  although the first lessee surrender for he have no power to contract for the  first two year at the beginning but otherwise it be when the estate be  determinable upon a uncertainty smith v Stavleton Plowd
case dow and other against golding Hilary term car roll the lord of a manor  can assess a unreasonable fine upon the surrender and admittance of a  copyholder   light a note   b   a   Bulst roll Abr Rep tempt finch burr Carth  stram Com dig Ch Rep Bl Com see the case of astle v grant dougl and term Rep  trespass upon demurrer the question be whether the lord of a manor may assess  two year and a half value of copyhold land accord to rack rend for a fine upon  surrender and admittance and for nonpayment enter for forfeiture and all the  court conceive that one year and a half of rend improve be high enough and the  defendant assess two year and a half it be unreasonable and therefore the  plaintiff may well refuse the payment thereof and consequent the entry of the  defendant for a forfeiture not justifiable whereupon it be adjudge for the  plaintiff a Bac Abr will dougl croak car er p
case DOWDENAY against oland Trinity term Elizabeth roll Forhearance of a suit  in equity be a good consideration at law to maintain a assumpsit post ld raym  Bl Rep Cowp error of a judgement in the common plea in Trinity term Elizabeth  roll assumpsit whereas he be oblige to the defendant by a obligation in for  the payment of at a day mention in the condition and whereas the plaintiff  intend to exhibit a bill in the chancery against the defendant pro eastern  that he confess that he be satisfy of the debt take forth a writ of sub pcen a  out of chancery returnable at a day certain that the defendant in  consideration the plaintiff will desist from his suit in the chancery assume  to the plaintiff to restore that bind upon request and allege in fact that he  require the redelivery of that bind and his desist from the say suit and that  the defendant have not deliver it but prosecute suit thereupon c the defendant  plead non assumpsit and find against he and after diverse motion in the common  plea in stay of judgement because the consideration be not sufficient be only  to stay a suit in chancery which be matter of conscience and not at the  commonlaw it be hold to be good enough and adjudge for the plaintiff and now  error be bring the judgement be affirm a since the will mary c which take away  the capiaspro fine no judgement of to take in hand shall he enter c Carth Mid  b vide burr send for croak Elizabeth er p croak Elizabeth trinity term  Elizabeth in the common plea sir Edmund Anderson Knt chief justice Thomas  Walmsl Esq John Glanville Esq George Kingsmil Esq justice sir Edward coke Knt  attorneygeneral sir t Fleming Knt solicitor general
case Dowdeswell versus not maii Eq can ab pl S c where there be a dispute  touch money give to parishioner none of the inhabitant of the parish ought to  be witness the suit be touch the loss and misapplication of a sum of money  give for the benefit of the parishioner the question be whether any inhabitant  of the parish ought to be admit as a witness Vernon chancery case for the  plaintiff it be insist that the interest be so minute and inconsiderable that  it can not be presume to influence the witness or bias he in his evidence and  cite the case in first siderfin side per cur the case where the party be  concern in interest though never so small have always prevail and it be so  resolve upon great debate in the case of the city of London concern the water  bailiff there be mere a entry of dismissal of a bill with cost in a cause of  this name that m a that Reg lib a fol vide Sutton Coldfield corporation v  Wilson ante Vol townsend v row side attorneygeneral Wyburgh p wms Vernon  chancery case er p Vernon chancery case de term S the number three in curian  porter
case down against hopkins a custom to grant land to a man for life and to his  wife during her widowhood be good ante post Ro ab pop   sand salk vern b ab l  ray t Rep it be find by special verdict that the land be ancient copyhold land  demisable for one or two life and that that be land be grant by copy to I down  the husband of the plaintiff hahendum to he for life and to the plaintiff  durante viduiWe shall the question be if this be warrant by the custom for the  wife estate for it be no absolute but a limit estate but all the justice do  hold without any argument that it be good for when the custom warrant the  great estate for life to he make it do warrant the lesser estate special here  because this be also a estate for life but limit and as it be conditional then  it be move that the wife be name only in the hahendum and it be hold good for  it be common in copy and so adjudge
case down against savage Trinit term Elizabeth roll conusance of a fine take  by one where the dedimus be to two be erroneous Bac Abr cruise on fine error  to reverse a fine in Chester the conusance be take of it by one and the  dedimus power to he and another joint and this be erroneous croak Elizabeth er  p
case downing against BAYWARD false imprisonment justify by virtue of a  commission of rehellion must he try where the cause of justification arise  ante   b I Com dig error for that in false imprisonment in Suffolk the  defendant justify that a commission of rehellion issue out of the chancery in  Middlesex against the plaintiff direct to one b and the defendant as his  servant and by his command arrest the plaintiff c the issue be join de son  tort demesne it be try in Suffolk and thereupon error ssigned because this  issue ought as well to have be try by a jury of Middlesex as of Stiffolk for  one principal part of the cause videlicet the award of the commission be here  in issue for the root of the justification arise from thence and without that  the command be of no value and for this cause all the justice and baron hold  it to he a ill trial for although the commission he matter of record yet it be  part of the cause and the juror who try it ought to take conusance thereof but  the most apt issue have be I to traverse the record or the matter in fail and  not both together wherefore the judgement be reverse
case downing against Seymour Michaelmas term Elizabeth roll the acceptance of  a feoff to a husband extinguish a term to the husband and wife   light b more  Plowd trespass upon demurrer the case be lease be make to baron and feme for  year who enter the lessor afterward feoff the baron who die seize the feme  survive and claim croak Elizabeth the term and betwixt the feme and the heir  of the baron the debate be whether this term be extinguished?And it be hold  per tolan curian that by the acceptance of the feoff the baron have surrender  the term and it be extinguish but if the conveyance have be by bargain and  sale enrol or by fine it have be otherwise and it be adjudge for the plaintiff  croak Elizabeth er p croak Elizabeth hilary term Elizabeth in the queen bench  sir John Popham Knt chief justice sir Francis gawd Knt sir Edward Fenner Knt  sir Christopher Yelverton Knt justice sir Edward coke Knt attorneygeneral sir  ThomasFleming Knt solicitor general
case dowse versus Percival novembris in court Lord chancellor Eq can ab pl Ch  can S c a freeman of London have a term in his own name purchase the  inheritance in the name of a trustee and there be no declaration of trust that  the term shall attend the inheritance this term shall attend the inheritance  and not be subject to the custom Vid ante tiffin and tiffin case Ch Cas rich v  rich fol a citizen and freeman of London possess of a lease worth pound buy  the reversion and inheritance thereof in the name of trustee for pound and die  and whether this lease be asset in law shall be part of his personal estate  subject to the custom of London there be no declaration that it shall attend  the inheritance be the question and it be decree that though this lease will  be asset in law to pay debt yet it shall attend the inheritance though there  be no declaration of trust that it shall do so and not be liable to the custom  Vernon chancery case er p Vernon chancery case this cause be reheard before  the Lord keeper north in Feb and he confirm the decree the point of there be  no declaration of trust be not mention in the statement of this case in the  register book the decree as to the term declare that the lease although take  in the intestate own name he then have otherwise sufficient for the debt can  be subject to the custom of London the lease and conveyance of the inheritance  be one conveyance Reg lib a fol
case dowses case the premise of a lease control by the hahendum   light b post  a lease be make to a b and c for their life hahendum to a for life the  remainder to b for life the remainder to c for life it be adjudge a good  limitation and they shall take accord to the hahendum for in the premise a  jointestate be give only by implication which be control by the express  limitation in the hahendum
case doyle against wood Trinity term Elizabeth roll a prescription that land  be demisable in fee or in tail be good though in fact it be not demisable in  tail provide the title to it he in fee ante more Cowp trespass the defendant  justify as in his freehold the plaintiff make title that this land be parcel  of the manor of d and dernisable time whereof c by copy in fee in tail or for  life or for life c and that this land be let unto he by copy in fee the  prescription be traverse and find that it have be demise and dernisable from  time whereof c in fee but never in tail and that it be grant to the plaintiff  in fee it be thereupon hold by the whole court that it be find for the  plaintiff for the allegation that the land have be dernisable in fee or in  tail c be but a conveyance to his title and forasmuch as it be find that it be  demisable in fee and that it be demise unto he in fee that be the effect and  substance of his title which be find for he and sufficient wherefore the  plaintiff have judgement to recover croak Elizabeth er p
case doyley against white Hilary term James roll if judgement be obtain  against a woman who marry before can sa award yet she alone shall be take in  execution by her maiden name Bulst cro car Com dig Com dig Bl Com Bl Rep  action for the false imprisonment of the plaintiff wife the case appear to be  one Leonard love bring a action of trespass in the common plea against Julian  Goddard widow hang the suit she take doyley to husband judgement be give  against Julian Goddard and a writ be direct to white the defendant be then  sheriff quod to wrinkle Julianam prediction per nomen of Julian Goddard ad to  give satisfaction predict Leonard pro financial loss c the defendant make a  special justification that at the time of the action bring against her she be  Julian Goddard widow but at the time when the capias ad to give satisfaction  be execute and she thereupon arrest and imprison she be the wife of doyley  whereupon the plaintiff demurrer in law and it be adjudge for the defendant  for the whole court be of opinion that if a action be bring against a widow  who be find guilty and before judgement take a husband that the capias shall  be award against her and not against her husband and in this case of her  subsequent marriage with doyley he not be so much as once name in any part of  the record if the sheriff have return that she now be marry he will have  falsify all the proceed and therefore they resolve that the action be not  maintainable
case dr andrews against wood in debt on bind condition for the payment of rend  on a express covenant it be not necessary to allege a demand post cro car hob  Doug debt upon a obligation the condition be to perform covenant in a  indenture of lease whereof one be to pay the rend at the day the breach assign  be for nonpayment of the rend upon which it be demurrer because no demand of  the rend be allege but the court overrule it because it be a express covenant  and by the recovery the obligation be determine say adjournatur
case dr butler against Cobbet mandamus to commissioner of the landtax to tax  estate equal Mandamns direct to the vicechancellor of Cambridge and other  commissioner of the landtax to make a equal assessment upon the inhabitant of  saint Andrew Barnwell sir Thomas Parker move to quash the writ for that it  shall have be to make a equal assessment upon the occupier of the land for  every occupier may not be a inhabitant modern report holt chief justice say  the writ be have but if it be good a mandamus be not a proper remedy for a  unequal taxation but the proper remedy be by appeal to the commissioner but  perhaps if the assessor refuse to tax any part as the case of Stirbitch fair  be a mandamus lie Powell justice say it be usual to grant mandamuss to  overseer when they will make no taxation but not upon suggestion that they  intend to make a unequal tax another exception be take to the writ that it set  forth the year in figure but be in Roman figure it may be good for all that  otherwise if in English figure the writ be quash nisi
case dr Harrison against the archbishop OF dublin a bishop notwithstanding  appropriation may visit and suspend but not deprive S c brown p c S c viner ab  S c viner ab this be a writ of error out of Ireland and the question be  whether or no the appropriation of a rectory to a prior or a dean and chapter  exempt this rectory from the visitation of the bishop in who diocese it lie  and if it do not whether he may not upon visitation proceed to the suspension  of the incumbent ab duty et kindness deprive he it be clear he can not the  court seem of opinion that the bishop notwithstanding the appropriation modern  report er p of the benefice may modern report visit to see how the church be  serve the sacrament administer c and may proceed to suspension Adjournatur a  see the whole proceed in this case brown p c to a
case dr Hunt case the spiritual court can administer the oath ex duty but  where the matter be within their jurisdiction and the offence have been  previous present ante Inst hard cro James hob salk strange barn Com dig Bl Com  he be I indict that whereas by the law of the land no person be to he cite  into the spiritual court to take any oath but in case of matrimony and  testamentary that he be commissary of the archdeacon of Norfolk have cause I  Bodingley to he summon to appear before he at a place c to compel he to take a  oath concern incontinency which touch himself against his will a Wray this  cause be refer to the Lord Anderson and the Lord chief baron and to myself to  certify if the Millistring of this oath he against the law and we certify in  this manner where the kui wled e of the matter do helong to the court  Christian they may proceed accord to the civil law gawdy the oath can be  minstred to the party but where the offence be present first by two man quod  to be concession and it be say it be so in this case croak Elizabeth  michaelmas term and Elizabeth in the common plea sir Edmund Anderson Knt chief  justice sir William periam Knt Hugh Wyndham Esq justice sir John Popham Knt  attorneygeneral sir Thomas Egerton Knt solicitor general
case dr needham case to know facias seal after the party death execution  thereon good it be move that a execution on a to know facias on the good of dr  Needham may be avoid because the writ be seal and deliver to the sheriff after  the defendant death and the statute car c provide that no writ of become  facias c shall bind the property of good against who such writ be sue forth  but from the time that such writ shall be deliver to the sheriff and so  provide that the writ shall not bind good against the party and not as in  other case against the purchaser only and so the doctor good not bind but per  curium this clause be to be understand of the good of a purchaser purchase by  he before delivery of the writ but as to the party it shall bind as before  from the testae as it be before the statute modern report er p
case dr steward versus eastindia company correct Dummer v corporation of  Chippenham Ves jun disapprove Padley v Lincoln waterwork coy Mac g July Eq can  ab pl pl bill to be relieve against a award make by some of the member of the  east India company and those member and the arbitrator be make defendant they  may demurrer to the whole bill without answer to the fraud for the plaintiff  can have no decree against they nor can their answer be read against the  company but they ought to be examine as witness bill to be relieve against a  award make by some of the member of the Com any touch the quantum of fraught  due to the plaintiff from the company the arbitrator Vernon chancery case er p  and some of the particular member be make defendant they demurrer to the whole  bill because the plaintiff can have no decree against they Whitworth v Davis v  b griffin v archer Anst SC state Ves I Lloyd v Lander mad smith v snow mad and  their answer will be no evidence against the company and the plaintiff may  examine they as witness demurrer allow without put they to answer as to matter  of fraud and contrivance vide Wych v meal p wms and it be a principle that a  mere witness shall not be make a party to the bill such dict per master of the  roll neuman v Godfrey Br Ch Rep
case dr watson case a writ of excommunicate to take in hand recite that the  party be condemned in cost in in pain duty sive amendment be bad for  uncertainty SC ante SC ld ray SC Carth SC salk dr Watson be bring up and pray  to be discharge for the fault in the writ holt chief justice the case of the  king v foul salk a be through consider not only as to the process with penalty  but also whether it be not necessary since the court be to award future  process to know the cause of excommunication in the writ and we then think  that it be necessary for this reason because the chancery now have no power on  the writ but the power which they have be by the statute of Elizabeth c give  to this court therefore since this court be to award process they must know  that it be matter of ecclesiastical conusance and there be no other way for  they to know that but by its appear on the writ for chancery can relieve in  the case because the writ be in this court if the cause of excommunication be  not sufficient the party have no remedy but in this court therefore the  statute by necessary consequence of law have make this court judge of the writ  of significavit and so the very statute intimate when it say that in case it  be one of the nine cause we shall award process with penalty for how can we do  that if the cause do not appear upon the writ and that from the ground that we  go upon in the judgement Powell justice the form of the writ be general before  but since the statute of car the process be alter and sure the court must know  whether you have jurisdiction below as before this statute they must have  satisfy the chancery and after the writ be once here the chancery have no  modern more jurisdiction Eyre say the chancery take it they have jurisdiction  still for they bad quash a excommunicate to take in hand there that very  morning which holt chief justice say they can not do by law and dr Watson be  discharge and as many writ as be return be quash
case DRADDY versus deacon eoden die Eq can ab pl S c subsequent agreement with  a by a factor of a merchant for fraught at pound S per tun good though a take  no notice he have make a former agreement with the merchant for fraught at  pound S per tun that agreement have be obstruct by a embargo the plaintiff  merchant in town hire the defendant ship to fraught for a voyage to Bourdeaux  at three pound ten shilling per tun it happen that a embargo be lie upon all  merchant ship for six week the ship afterward proceed on her voyage to  Bourdeaux and the defendant not discover what agreement he have make with the  plaintiff in England the plaintiff factor and correspondent there agree to  allow the defendant six pound ten shilling per tun upon which latter agreement  the defendant have recover at law bill to be relieve against the verdict find  upon the second agreement which be obtain by fraud in conceal the former  agreement Vernon chancery case per cur bill dismiss look upon the defendant to  be at liberty to make a new agreement by reason that the performance of the  first be obstruct by the embargo after lie upon all merchant ships But in  Hadley v clarke a b r that may term Rep a temporary embargo until the further  order of council and which last two year do not put a end to a contract  between the party but admit by the court Lord Kenyon that a embargo during the  war will for the principle of decision in such a case vide Paradyne v jane  alein
case drake case the court of high Commission prohibit in a suit for alimony  ante cro James prohibition to stay a suit in the spiritual court before the  commissioner ecclesiastical for alimony where the libel suppose diverse  particular cruelty use upon the wife for which she be enforce to depart and  that the husband will not allow her any maintenance and therefore she sue  before the ecclesiastical commissioner for maintenance and because it be a  suit proper suable before the ordinary wherein if there be any wrong the party  grieve may have a appeal and although this be one of the article whereby  authority be give they by the commission to hear and determine yet because it  be not any of the cause which be within the Elizabeth c S a for which cause  the commission be ordain the court award a prohibition ex motion laurentii  hide soldier a repeal car c S croak car er p
case draper against Bridwell easter term car roll debt lie on ajudgment after  error bring S C keb vent dougl all the court hold that a action of debt will  lie upon a judgement after a writ of error bring
case draper company versus davis may a solicitor have take a judgement of his  client for pound while the cause be depend and also several extraordinary  charge appear in his bill Lord Hardwicke though adjust and allow seventeen  year ago refer the bill to be tax and order the judgement and other security  to be deliver up a petition be prefer against Meredith the solicitor in the  cause complain of improper and heavy charge in his bill and of his take a  judgement of one of the party for pound while the cause be depend and before  it can be know what his bill will come to Lord chancellor notwithstanding this  bill have be adjust and allow some time yet the behaviour of the solicitor in  take a judgement cast a imputation upon he and be a practice I can by no mean  approve and as it do not appear that his client be assist b that any person of  the profession in look over and settle atkins er p this bill and as there be  several very extraordinary item and improper charge upon the face of it I  shall notwithstanding the great length of time be ever since and  notwithstanding the adjustment and allowance refer this bill to a master to be  tax and likewise order Mr Meredith to be examine upon oath on interrogatory as  to the several article of it and do order the judgement and other security to  be deliver up immediate vide Walmsley v booth ante Ves Ves Oldham v hand Ves  sanderson v glass post note Osmond v Fitzroy Cox p W that ed
case draper company versus Yardley all Eq can ab pl S c a devise land to b in  tail remainder to c in tail subject to the payment of legacieSC levy a fine  and five year nonclaim pass and mortgage the land fine and nonclaim no bar of  the legacieSC have no title but under the will the mortgagee must be suppose  to have notice of the legacy sir William Boreman devise to John Boreman in  tail male and if he die without issue male to Yardley in tail male but to pay  to the plaintiff pound and pound Yardley afterward levy a fine on which be  five year nonclaim and suffer a recovery r l to the use of he and his heir and  grant a rentcharge of pound per and to the defendant smith and mortgage to  norcliffe Vernon chancery case Lord chancellor the fine and nonclaim no bar to  the plaintiff the legatee under the will Yardley have no title but under the  will be implicit notice and a other purchaser if any to be bring in and  contribute and the encumbrancer who have by themselves or other receive rend  and profit of the say estate be to account for the same the say William  Yardley claim under the will only and be but in the nature of a trustee and  they have either actual or constructive notice and the legacy to carry  interest from the time they ought to have be pay the cost to be pay out of the  personal estate of testator if sufficient if not then out of the real estate  subject to the aforesaid several demand Reg lib b fol et vide the principle of  the above case recognize in Dunch v ken ante Vol where purchaser claim under  one who claim under letter patent in which there be a trust affect with notice  of that trust
case draycot against heaton Hilary term James roll in error no certiorari  shall issue to certify that which the record shall certify and therefore if  the record certify be wrong the judgement shall be reverse although the record  itself be right ante error of a judgement in the court of Derby in debt upon a  obligation where the defendant plead non be factum and find against he the  judgement enter be quod to take in hand but the judgement certify be in this  manner therefore in pity to take in hand and this be assign for error it be  move that these word in pity be strike out and so the line under it show and  the judgement only be to take in hand to inform the court a certiorari be  award which certify that the word in pity be not in the judgement but a to  take in hand only the court be now move will not allow thereof but say that a  certiorari shall not be award to a inferior court to certify that which the  record shall certify wherefore not have regard to that certiorari because the  record certify have those word in pity in it and the line underneath be no  deface or draw they out and the to take in hand be with another hand it be  therefore reverse after that day such another record out of Norwich be show  where the plea be in trespass upon the case and all the proceed be trespass  because it be not warrant by the plaint yet although the steward be present  and show his book of entry of plaint that it be misprision it may not be amend  but be reverse for this cause by Geo c writ of error may be amend and make  agreeable to the original record and by car c no judgement after verdict by  cognovit or relict verification or by Ann c on confession or by default shall  be stay or reverse for want of a pity or to take in hand by reason that the  one be enter instead of the other
case draycot against piot a declaration in trover for ten chest and coffer  deed not show how many of each and this action lie foe money out of a bag ante  post cro car action sur trover of diverse good Elizabeth nter alian de ten she  anis et chest glice chest and coffer and of a bag and therein the defendant be  find guilty de quatuor chest el church nave and of parcel of twenty pound and  of diverse other particular parcel and of the residue not guilty exception be  take in arrest of judgement that the declaration be croak Elizabeth that he  convert she a psas el cist S and do not show how many of chest or how many of  coffer which be uncert in and ill and therefore the verdict also be ill but  the justice gawdy and Fenner hold they to he all one but if chest and coffer  shall he say to he distinct thing it then shall be ill second it be move that  this trover and conversion of money out of a bag a it be hold a misreturn and  be aid by the statute the plaintiff have judgement post croak Elizabeth er p  can be good because it can be know and when he be find not guilty of the bag  and guilty of the money that be as much as if he have declare of the trover  and conversion of money out of a bag which be rule to he ill in Hicks v  Holyday But they hold that a action of trover and conversion of money only be  good enough and a action well maintainable for it therefore cceleris send away  it be adjudge for the plaintiff
case drury against ken Hilary term Elizabeth roll a common appurtenant for all  the owner beast can be grant over post dyer cro car   light b sand Mod salk ld  ray roll Abr term Rep replevin upon a special verdict the case be a man  prescribe to have common appurtenant to the manor of b for all his beast  levant couchant upon it he grant this common to a whether this grant be good  or no be the question and adjudge that he can not grant it over for he have it  quasi sub modus videlicet for the beast levant couchant no more than estovers  to be burn in a house certain but common appurtenant for beast certain may be  grant over wherefore it be adjudge ut above
case drury versus hook eoden die in court Lord chancellor Eq can ab pl Ch can  S c marriage brocage bind decree to be deliver up the marriage be have without  the consent of the woman parent such bind not to be countenance the bill be to  be relieve against a marriage brocage bind and it appear that the marriage be  bring about without the consent of the young woman parent who be then live the  Lord chancellor for that reason alone decree the bind to be deliver up and a  perpetual injunction r l term it a sort of kidnap and say there be a material  difference where the party be at their own dispose and where their parent be  live though such a bind be in no case to be countenanced It appear upon the  plead in this case that the defendant agree to abate pound in every pound the  portion of the intend wife shall fall short of the sum name as her portion by  defendant namely pound the bind from the plaintiff be to secure pound Reg lib  a fol vide anon pre Ch for the principle on which this court decree against  marriage brocage bind and bind in fraud of marriage agreement vide hall v  potter all lev Debenham v ox ves vide also coal v Gibson ibidem and case cite  in not there Redman v Redman ante Cale v Lindo post
case dry against Watkins ante debt lie by a assignee of part of a reversion  and also by several devisees of part of a rend for their several proportion  ante post roll Abr   light Mod lev skin Carth Inst roll ab salk Bac Abr Powel  on Dev post the case be now move again and gawdy and Fenner and Clench agree  with they hold that the devise be good and well severable for as to that  objection that a mischief may happen to the tenant that he shall he subject to  two action and distress that be his own fault for if he pay his rend he shall  avoid it and the same mischief be where he devise part of the reversion and  rend which be agree on the other part to he well enough and although a  contract or a thing in action can be transfer nor divide yet rend only may he  for it be a thing in possession for he do not grant the action but the law  give it as incident to the rend and Huntley case a be express where a devise  be of a reversion upon a lease for year with the rend to a man and his sister  and the heir of their body the sister die without issue the brother die have  issue the heir have the moiety of the rend Popham contra for the difference  will he when part of a reversion and rend be grant that be good but when the  rend be sever from the reversion it be otherwise for then it be but in nature  of a annuity which can be grant by parcel but entire but a annuity or rend  only be grantable over because they be thing of continuance and be not  personal and the reason of Huntley case a be because the croak Elizabeth rend  be divide with the reversion but notwithstanding in regard three of they agree  he consent that judgement shall he enter for the plaintiff note that in the  argument of this case a case be cite in this court easter term Elizabeth roll  where a devise be of a entire reversion and rend which be void for a three  part because it be hold in capite and debt be bring for two part of the rend  and adjudge maintainable a Elizabeth dyer croak Elizabeth er p
case DUBARTINE against chancellor a plea in abatement must be enter on the  nisi prius roll S c Carth S c Mod S c ld ray a action be bring against the  defendant for lie with the plaintiff wife be plead in abatement and there be a  judgement to answer over issue be join and it be try in the country and the  plaintiff have a verdict it be move to set aside this judgement because the  plea in abatement be not enter on the nisi prius roll the plea roll be right  but the nisi prius roll shall not be amend by that and for this reason the  court do set aside the judgement
case DUBARTON against chancellor plea in abatement and judgement thereon shall  be enter on the issueroll S c Mod S c Carth S c ld ray case on several promise  plea in abatement and to answer ouster non assumpsit plead and carry down to  trial by nisi prius and verdict for the modern report plaintiff and it be move  that the entire record be not carry down for the plea in abatement and  judgement thereon be not enter on the issue roll which they ought to have be  and not to have make two roll for the plea in bar ought to be enter on the  same roll with the plea in abatement and special verdict and for this the  verdict be set aside
case duck against vinncent on bind to pay so much upon make such assurance the  plea to loosen ad diem must state the day on which it be make debt upon bind  condition to perform covenant one of which be for payment of so much money  upon make such assurance the defendant plead that he pay the money such a day  but do not mention when the assurance be make that it may appear to the court  the money be immediate pay pursuant to the condition and for that reason the  court be all of opinion that the plea be not good and judgement be give for  the plaintiff upon demurrer see Ann c
case Dudley against kington evidence that a person occupy a office your  reputation be proof that he have the office more Cowp term Rep debt upon a  obligation the condition be that if the plaintiff have possess and enjoy the  office of headleship of the court of conscience in London that then c the  defendant plead quod to have be glad to be et to take into possession c  whereupon they be at issue and the jury find that the plaintiff do exercise  and occupy that office from the time of the bind make until that time but  whether it be a office de jure they know not et si super totan mate v idetur  curio that that shall he say to he a have possess and enjoy of the office they  find for the defendant otherwise for the laintiff and Harris sergeant hereupon  move that this verdict be for the plaintiff for this occupy of the office can  be say to he a have and enjoy thereof for a deputy may exercise a office vet  he have not any office as Henry S and to that opinion gawdy incline or it  ought to he a have in interest and not only a occupation which shall make a  performance of the condition but Popham Fenner and Clench contra for Fenner  say there be a diversity betwixt a office in verity and a office in reputation  only for a office in reputation which be not in fact one can have any other  possession than by the occupation thereof and the occupy thereof be all the  enjoy which may he of it for it be not a office in interest but only in the  name and use thereof and therefore there can be any interest thereof but by  the use it as to have the office of marshal or trior before the justice of  assize or the like wherefore c and afterward judgement be give accord for the  defendant
case duke hamilton ux versus lady Gerrard pract Reg win a peeress order to  produce deed confess in her answer on honour only not on oath the bill be  inter all to discover deed and write which belong to the plaintiff wife estate  the defendant by answer own she have several in her power but do not set they  forth and on the plaintiff motion she be order to produce they on oath but on  application to the court that order be alter and she be order to produce they  on honour only be in supplement of her answer which be only on honour be a  peeress and so it be order in a case of Powell late master of the roll against  the countess of Dorset
case duke OF Norfolk case if a plaintiff die after verdict yet judgement may  be enter within two term SC salk SC holt a verdict be give in easter term and  before the judgement be enter the plaintiff die per holt chief justice that  shall not hinder the judgement from be enter provide say the statute it be  within two term after and as to car c the statute of fraud and perjury that  only require the time of sign judgement shall be enter on the roll and that be  only for the benefit of purchaser for if judgement be sign in vacation yet it  be enter as of the term before and none but a purchaser shall be admit to say  that it be sign at any other time and it be the course of the court to let all  thing be do in the vacation as of the term before
case Dullingham against KYFELEY if a vicar sue a parishioner for tithe in the  spiritual court and the parson appropriate appear there pro interest silo and  the court will not receive his plea of a modus a prohibition shall he grant  ante Ro ab Keilw more dougl Cowp prohibition and surmise that Kyfeley the  defendant be proprietor of the parsonage of Sapstow in Suffolk have sue Curtis  in the court Christian for tithe of croak Elizabeth er p certain land in the  parish of S the plaintiff be parson of Hemington in the same county come in  pro interesso his and allege there be a custom within the parish of Sapstow  that the parson of Hemington shall have thirteen cheese for the tithe of these  land in Sapstow and that in recompense thereof the parson of Sapstow have  thirteen cheese for the tithe of such land in Hemin tun and upon this matter  he ground his prohibition allege that he have plead this in the spiritual  court and it will not he receive Tanfield move that the prohibition lie not  for it be for one that be not sue and it be not reason he shall stay the suit  of a stranger also here the very right of tithe be to come in question and not  the bind of the parish and so be not triable here as Henry pl pound pound  Henry pl be coke contra for the right of tithe be not here in question but a  modus kill and so be triable here and this be a good matter for the  parishioner to plead and that which the parishioner may plead he that come in  pro interest may plead gawdy the parishioner may well plead it but when the  parson of another parish will plead it by this the right of tithe will come in  question hetween the two parson Henry croak Elizabeth pl the case be that when  the right of tithe be in question hetween two parson this court have no  jurisdiction for the trial of the right c helongs to the civil law Henry and  afterward the court be of opinion to grant a consultation say adjournatur
case Dulwich college versus johnson in court Lord chancellor Jupiter die maii  Eq can ab pl S c a bill may be bring against a executor for discovery of the  personal estate before the will be prove or during the litigation thereof in  the spiritual court the plaintiff bill be for a discovery of a personal estate  that be devise to charity relate to the college the defendant plead that the  will be not yet prove but be controvert in the spiritual court the court  overrule the plea a discovery of the estate be for the benefit of all person  interest therein and necessary for the preservation thereof and discovery have  often be order to be make pendent light in the spiritual court vide wright V  Bluck ante Vol Phipps v steward atk where demurrer on same ground overrule
case dummer against a elegit state the judgement to have be give on the day  the writ be sign can be amend the court be move to amend a elegit the elegit  set forth that judgement be give upon the nine day of January when in fact it  be give upon the twentythird day of October and sign the nine of January  modern report in behalf of the motion be cite the case of Wheadon v sugg a cro  James a and lewson v Redleston b cro Elizabeth b where writ of inquiry which  be judicial writ be hold amendable and vavasors case c Hilary term whether c  and the case of Hersi v Whitlock about the same time in the common plea and  brook e bro Abr elegit Edward e where a elegit be hold amendable the court be  of opinion that the writ be not amendable because it may occasion a alteration  in a verdict upon a writ of inquiry for between the twentythird of October and  the nine of January he may have land that he have not the nine of January  Adjournatur
case dummer vers birch in c b in covenant a breach assign ought to be positive  and certain Com do Bac Abr this be a action of covenant the plaintiff declare  that inter alian the defendant covenant that he will discharge all duty and  charge due before the first day of October next and the plaintiff assign for  breach that the defendant do not pay or discharge all duty and charge for  which these premise be Chargeable to which there be a demurrer and argue that  the breach be neither within the word nor pursuant to the intent of the  covenant for the intent be that the defendant shall discharge all arrear of  rend which incur comens before the first day of October but here the broach be  that he do not discharge all charge for which the land be Chargeable which may  be extend to many other charge as appear in Leon and SC owe S c gold S c a  second the breach be uncertain if a breach of covenant be not certain and  express it be have Com dig for no answer can be give to such particular charge  breach quod property to be ruinous in decasu in to visit birth pro diminution  restoration be hold have for uncertainty bend pl the plaintiff shall show how  the party be disturb or interrupt to which a direct and positive answer may be  give and if this be not do the breach be not well assign Yelv Noy S c b cro  Elizabeth SC so he shall show a breach direct within the word and intent of  the covenant lev Mod S c sand S c side S c keb S c c say adjornatur comens er  p
case dunch versus ken see SC with note vern maii ante case notice of letter  patent in which there be a trust for creditor be sufficient notice of the  trust this cause come now before the court upon the master special report who  have report that the assignment make by Lindsey to the defendant purport to be  in consideration of debt due and owe by colvile yet in truth they be not  colviles debt but lindsey debt per cur though the creditor of colvile do not  come in within the ear yet this patent be a trust for they and be special  asset and not convertible to other purpose by Lindsey who marry his executrix  but Lindsey after the year ought to have Vernon chancery case er p prefer his  bill to have compel his creditor to have come in or otherwise to renounce the  trust and Lindsey have not so do but assign to creditor of his own that be not  creditor of colvile that be a breach of trust and void as against colviles  creditor and though it be object that lindsey creditor have make over their  assignment to other person who come in as purchaser without notice for full  and valuable consideration yet per cur such purchaser come in under the letter  patent in Vernon chancery case which the trust be mention and they ought to  have take notice of it at their peril
case Duncomb against church if it appear in plead that a privilege person be  actual in custody he can have it S c salk c S c comb S c holt S c ld ray holt  chief justice a privilege person in the common plea may be in custody of the  marshal for he may either waive or misplead his privilege and if he be actual  in custody and it appear so by plead he can have his privilege and if one  plead a exempt jurisdiction from all the court of Westminster and not to be  sue but in such particular court and franchise there you must show that they  have a jurisdiction of the matter and that the cause arise within their  jurisdiction
case Duncomb against reeve and green if a defendant justify distrain a hide  upon a prescription for the toll of it and it be reply that he tan the hide  after the distress a rejoinder that it be to prevent its rot be a departure  and such a prescription be void a nte roll ab roll ab dyer b   light Plowd  yely cro car Owen Noy cro James sand vern Mod salk ld raym Bac ab will will  term Rep trespass for the take of certain raw h ides the defendant justify as  bailiff of Ipswich by custom there that if any butcher kill any hest within  that town and sell the flesh within the market he be to pay twopence for every  hide and that the bailiff may distrain the bide for the twope e if it he deny  and so justify for that c the plaintiff reply that after the distress the  defendant tan the hide and so convert they to their use c the defendant by  rejoinder say that they tan they because otherwise they will have rot and  thereupon the plaintiffde murred the court hold it to he a ill plea for the  custom to distrain do not enable they to tan for that be tortuous because  thereby he property be quasi alter and the mark to know they be take awayfrom  the owner so as he can have they again and although one may in some case  meddle with and use a distress when e it be for the owner benefit as Popham  say as where one distrain armour he may cause they to he scour to avoid rust  so if one distrain rawcloth he may cause it to he full for it be for the owner  benefit but here this tanningis not for his henefit for it take from he the  notice of the thing and so be a mean of take away the thing itself for he can  have any knowledge thereof to have it again this prescription also for the  payment of twopence for every bide where the flesh croak Elizabeth er p be  sell within the town can be maintain that toll shall he pay for that although  the hide itself he sell elsewhere the rejoinder also be a departure from the  bar wherefore it be adjudge for the plaintiff
case dundee against petty after capias return against the principal the  plaintiff may proceed against the bail though there be a writ of error a  capias be return against the principal he bring error immediate and the  plaintiff bring debt upon the recognizance against the bail and deliver a  declaration as of the precedent term Montague move for a imparlance he urge  that if the plaintiff have go by way of to know facias the bail may render the  principal at any time before the second to know facias return Godlington v lee  a and there be no reason but the bail shall have the like time in this case  and this be can do without the favour and assistance of the court for the  recognizance be forfeit by the non be invention return upon the capias a  subsequent render of the principal can be plead in bar of the action and the  court afterward make a rule there shall be in this case eight day in full term  for the bail to render the principal and per curium after capias return  against the principal though writ of error be bring yet the plaintiff may  proceed against the bail for the writ of error do not supersede the  recognizance a in what case and under what circumstance this court will grant  a new trial see Tidds practice to a raym modern report er p
case dunn versus allen of the tenth Lord keeper a assignee can bring a to know  fac to revive a decree unless the decree be enrol per cur a assignee shall not  have a to know fac to revive a decree that be not sign and enrol but after the  decree be enrol a assign a may bring a to know fac to revive it in like manner  as at law if there be judgement for a annuity and the annuitant afterward sell  the annuity the vendee shall have a to know fac upon this judgement but though  the Lord keeper disallow the to know fac yet it be without cost because the  defendant may have demurrer but do not the defendant have appear on the  cognizant fac and put in several examination by way of answer wherein issue be  join and witness examine and defendant be at first order to pay the cost  thereof to be tax but afterward on agreement plaintiff be admit to file his  original bill and defendant be to pay mark cost for their irregularity and by  consent the deposition which have be take on the cognizant fac between the  party be to be read on the original bill so to be file Reg lib a fol vide post  SC hill v ken in Chan Trin Geo two Mitf Tr p so assignee or devisee can file  bill of revivor but must proceed by original bill in nature of a bill of  revivor so assignee under commission of bankrupt Harrison v Ridley Com Rep  Vernon chancery case er p Vernon chancery case de boundary S HILLARII pound  car two in curian porter
case DUNSCINB against smith the replication of de in an unjust manner svan not  common with others to a plea of son assault must conclude to the country or it  will be bad on special demurrer post cro James   light side sand show raym  Lutw will trespass of assault battery and wound the defendant plead that the  plaintiff assault he and will have beat and wound he and what be do be in his  own defence the plaintiff reply that a attachment issue out of the chancery to  arrest the defendant and that by special warrant from the sheriff he arrest he  and lie hand upon he and the defendant rescue himself and beat the plaintiff  de in an unjust manner svan not common with others without tali causan et hoe  a preparation be verify unde c and upon this the defendant demurrer general  without show any cause and by all the court the replication be hold vicious  because be do not conclude his plea et hoc petit quod to seek after per native  land but rely upon his plea whereupon it be adjudge for the defendant
case DUPAYS against shepherd a a print proclamation or print Act be good  evidence though not compare with the record case on a wager concern the day of  the conclusion of the peace and to prove it to be on the ten day of September  the print proclamation modern report be produce it be object that it ought not  to be give in evidence unless it have be examine by the record enrol in  chancery or prove to have be under the great seal but by holt chief justice it  be hold good notwithstanding and that such thing as these in print be of as  public nature as a public Act of parliament and that even a private Act of  parliament in print that concern a whole county as the Act of BedfordLevels  may be give in evidence without compare it with the record b a see peal v  Watson Bl Rep a this case be at nisi prius at guildhall before holt chief  justice b see Reg v inhabitant of Glamorganshire post king v holt term Rep  modern report er p
case DURBAINE versus knight eoden die in court Eq can ab pl S c feme sole  bring a bill and pen the suit marry and baron and feme bring bill of revivor  and obtain a decree with cost they shall have cost for the whole suit except  only the bill of revivor a feme sole exhibit her bill and pen the suit  intermarries the baron and feme bring a bill of revivor and obtain a decree  with cost the question be whether they shall have cost of the whole suit or  only from the bill of revivor Lord keeper this be not like a revivor against a  heir or executor where the suit be abate by death in that case they shall  answer only for their own time but here all proceed stand in position juo and  it be unreasonable there shall be such a abatement and in case the defendant  have be a feme sole and intermarry that shall not have abate the plaintiff  suit but the husband ought to be name in the subsequent proceed Wharam v  Broughton ves for the reason of the difference on this head between the case  off female plaintiff and defendant marry vide Mitf treat p d ed et seq and in  this case the abatement be by the party own act the court order the cost of  the whole suit deduct only the charge of the bill of revivor which be think  hard in these two respect first that the abatement be by the party own act  second that have the defendant be in the right and so ought to have have cost  yet he can not have compel the plaintiff to revive Reg lib a fol
case DURDANT versus Redman Eq can ab pl S c where a defendant have demurrer he  may assign another cause of demurrer at the bar pay cost and if such cause of  demurrer be overrule he ought to pay double cost but when a defendant have  plead and there be no demurrer in court he can demurrer at the bar though he  will pay cost in this case the defendant have plead a frivolous plea Mr  Steadman of counsel with the defendant offer to demurrer at the bar for want  of party but Mr Keck of counsel for the plaintiff insist that if he will  demurrer at the bar he must by the rule of the court pay cost before he be  hear but this appear not to be now the practice vide tourton v flower p wms  which case be cite and follow by the court of exchequer in the case of  broderip v Phillips Feb not report where demurrer in write for want of party  will have be overrule but be waive on argument then demurrer at the bar over  as far as for want of equity allow No cost on either side vide Lord clarendon  order but see attorneygeneral v brown swan which Mr Steadman consent to he go  on and open his demurrer and show a sufficient cause of demurrer but then Mr  Keck tell he his demurrer can not be receive for that a man can demurrer at  the bar Vernon chancery case unless there be a demurrer in court and in this  case the defendant have plead only and thereupon the plea be overrule and the  demurrer disallow and in strictness the defendant ought to have pay double  cost Vernon chancery case er p
case DURMING against kettle Michaelmas term pound Elizabeth roll a judicial  writ order to he amend ante Ro ab Com dig Cowp term Rep after verdict it be  move in arrest of judgement that the v venire facias be viscount London health  Prcecipimus flute vvlere it shall he v obis and there croak Elizabeth er p  before ill but because it be a judicial writ it be order to he amend and the  plaintiff have judgement
case Durston versus Sandys novembris Lord chancellor Eq can ab pl Ch can Ch  Rep S c a perpetual injunction award against a bind of resignation the patron  make a ill use of it the defendant upon his present the plaintiff to a  parsonage take a bind of he to resign which though in itself lawful now settle  contra in case of a general bind bp of London v Ffytche east after the  decision of that case it be consider that a bind to resign in favour of a  specify person be legal Newman v Newman m S but in Fletcher v sondes April the  house of lord hold a bind to resign in favour of any brother of the obligee to  be illegal now settle contra in case of a general bind bp of London v Ffytche  east after the decision of that case it be consider that a bind to resign in  favour of a specify person be legal Newman v Newman m S but in Fletcher v  sondes April the house of lord hold a bind to resign in favour of any brother  of the obligee to be illegal yet the patron make a ill use of it videlicet to  prevent the incumbent from demand tithe in kind Vernon chancery case the court  award a perpetual injunction against the bind the defendant have a large  estate in the parish and upon the plaintiff demand Vernon chancery case er p  tithe of the defendant for the same the defendant give he notice to resign the  plaintiff accord attempt to resign to the bishop of Gloucester who on learning  the cause of the resignation refuse to receive it and order the plaintiff to  continue to do duty in the parish in question the defendant then put the bind  in suit and the plaintiff file his bill the defendant put in a plea which be  overrule Reg lib a fol the cause be then hear that Dec accord to the register  book and decree as above state Reg lib a fol
case Dutton against gervase Molineux queen whether a purchaser after a extent  sue and the land deliver can have a hearing complaint ante post roll ab raym  side salk more Bulst Jones Bulst see Com dig in a hearing complaint the  question be whether a purchaser after a extent sue croak James er p and the  land deliver can have a hearing complaint for none shall have it but the party  grieve and the extent be before his time he therefore shall not have it and  Fleming chief justice be of that opinion who say that he be counsel in a case  depend in chancery and there it be much debate and argue before the judge to  who the point of law be refer whether a feoff may have a hearing complaint  upon a extent make before his time and the better opinion be that he can not  but there be not any resolution it be end by compromise Wherefore the rest of  the judge be doubtful the hearing complaint be allow de bene be and appoint  that there shall be a demurrer thereupon see Geo c post
case dyer et some against Fincham easter term James roll to debt for cost a  plea in bar that a can sa have issue on the judgement and that he be take in  execution for they be good dyer more Com dig Crompt prac term Rep debt for  eight pound cost adjudge to the then defendant and now plaintiff upon a  nonsuit a there the defendant plead that a capias ad to give satisfaction a  see Henry c James c Elizabeth c car c Geo c croak James er p issue upon this  judgement and he be take in execution for the say eight pound et hoc c the  plaintiff demurrer and it be first move that a capias ad to give satisfaction  lie not for these cost and so there be not any legal execution and if it lie  yet he do not plead that he be et detain c and it shall then be intend that he  escape out of execution and so this action well lie but all the court resolve  that the plea be good for as to the first they hold clear that a capias ad to  give satisfaction lie for cost award to the defendant upon a nonsuit and it be  the usual practice as the clerk affirm second when he be take in execution it  shall not be intend that he escape and although he escape he may be retake in  execution and be put to his hearing complaint wherefore it be adjudge for the  defendant
case dyke against mercer Trinity term car roll to debt on bind against one  obligor a plea of judgement recover against the other be bad for a coobligor  can plead any thing but satisfaction debt on a bind the case be that two man  be bind in a bind to I S the defendant plead that his coobligor be sue to  judgement and thereupon a become facias and that the money be levy by the  sheriff the plaintiff demurrer Q but see now the case of Armstrong v Lisle  mich term will Kely Rep to where it be adjudge upon great deliberation that a  conviction of manslaughter on a indictment of murder and the prayer of clergy  thereupon may be plead in bar of a appeal of the same death whether such  prayer be make upon the party be call to judgement or not SC skin SC Carth SC  salk hawk p c ch S and in the case of smith v tailor Trinity term Geo where on  the point determine in the case of gore v deering Mod Lord Mansfield and the  whole court be of opinion that the question be to be consider as settle by the  case of Armstrong v Lisle and that the court ought on a conviction of  manslaughter on a indictment of murder to call the prisoner to judgement burr  Rep to shower KB er p Mr Trindar for the plaintiff argue that it be not a good  plea there be no satisfaction and insist much on the case of one of the  obligor be in execution ad to give satisfaction that that be no plea for the  other obligor he cite bro title execution roll and say that perhaps the  sheriff may prove insolvent or may be rob of the money and the plaintiff be  never shower KB satisfy and by the whole court judgement be give for the  plaintiff that the plea be nought and a difference be take between where a to  know facias or debt be bring on the judgement against the party himself for  there such a plea may be good for he shall not pay twice but a coobligor can  plead nothing but satisfaction actual make of the debt see and peruse the case  of rook v Wilmore Savil Rep cro Elizabeth Leon cro car hob Bulst Rep
case DYOTTO against CURREDALE in account against a receiver the place where he  receive be not local but transitory and therefore not traversable ante post  Com dig account suppose that he be his receiver at London to render account  the defendant say that he receive it at Litchfield to deliver over to I S  which he have deliver without hoe that he be his receiver at London and it be  thereupon demur and without argument adjudge for the plaintiff for the place  of the a ante   b raym   die b b more   b   light a     a croak Elizabeth er p  receipt be not traversable for the receipt be not local but transitory which  matter may he give in evidence in any place but if the traverse have be  without hoc that he receive it in another manner it have be well enough  wherefore it be adjudge ut above
case e juror detinue damage quod ab beginning non valet dragging or pulling  along time non to recover the statute of h cap ordain that in case of life or  plea of land or where the damage suppose in the declaration exceed forty mark  every juror in those case ought to have S per and freehold in a suit which  exceed forty mark and so be allege a juror have not S per and freehold after  the venire facias return the plaintiff and defendant agree that the roll shall  be make thirtynine mark yet this juror shall not be swear for he be disable  when the to know facias be return by the justice of both bench h h h   b  Pilfolds case the Elizabeth cap ordain that juror return into the court of  Westminster or at the assize shall have per and and two hundredors will serve  in personal Jenkins er p action and by h cap six hundredors in real action in  replevin or forcible entry where the realty come into debate the juror ought  to have freehold of S per and before the Elizabeth although the damage be less  than forty mark although the damage exceed forty mark in detinue yet juror of  less than S per and freehold may serve for in detinue the thing itself may be  recover if not the thing itself the value of it upon the return of the sheriff  that he can find the thing detain and if he can find it then the thing itself  and damage for the detention but let the plaintiff in detinue take care in his  count for damage for where the value of the thing detain exceed the count in  this case he shall recover no more than he have count as in trespass annuity c
case earl against coleman cost in error when allow Brainthwaite sergeant move  for cost of the writ of error on a judgement in the court of common plea and  want of a original assign and no original return on a second certiorari on  diminution allege a original be return on affidavit that the original be grant  out of chancery since error bring and say it be like the case of a amendment  which be never grant without cost modern report er p the court this motion  must be deny for cost can be give unless by statute and the court of chancery  seven or ten year after will grant a original to affirm a judgement the proper  motion will be in the common plea not to let it be file until cost pay the  case of amendment be different for there if you ask a favour we will not do it  without do justice by the payment of cost
case earl against peal a promissory note give by a infant be void although it  be express that the money lend be for his support and maintenance S c salk  this be a action bring upon a note for money lend to a infant for his support  and maintenance modern report a verdict and judgement be give for the  plaintiff and a writ of error bring in the court of king bench it be argue  that this action do not lie in   light it be indeed say that a infant may bind  himself to pay for his necessary meat and drink but this be never carry far in  the case of Whittingham v hill a cro James a it be hold that the contract of a  infant for ware for the necessary carry on his trade whereby he subsist shall  not bind he it be agree by the other side that in case the money thus lend  upon this note be not actual lie out by the infant for necessary the plaintiff  can not recover upon it but it be say the plaintiff can never have obtain this  verdict without first prove that the money be actual so lie out the court  there be a great difference between lend a infant money to buy necessary and  actual see the money so lie out in this case the lend for such a purpose be  only put in issue which may be maintain without show how the money be actual  lie out that if the fact be so the plaintiff shall have declare as for money  so lie out and not so lend the law know of no contract modern report er p but  what be good or have at the time of the contract make and not to be one or  other accord to a subsequent contingency accord the next term the judgement be  reverse nisi a see William v Harrison Carth trueman v burst term Rep a
case earl against plummer the commencement of the statute Elizabeth c concern  sheriff poundage S c salk debt by a sheriff for his fee for execute a to  stretch out facias returnable five pasch wherein he declare on a statute make  the twentyninth of October in the twentyeighth year of queen Elizabeth the  defendant demurrer to the declaration first because there be no such return as  five pasch say non allocatur because at most it be but a erroneous writ and if  the party himself will take out such a erroneous writ he shall not under  pretence thereof cheat the sheriff of his fee second because the session of  parliament do not commence on the twentyninth of October but on the fifteen of  February follow say totan curian contra for as it be now make appear from a  copy take from the parliament roll and from Anderson the testae of the writ of  summons of that parliament be the fifteen of September in the twentyeighth  year of queen Elizabeth appoint they to meet the fifteen of October follow and  on the eight of October the parliament be prorogue to the twentyseventh of  October and after to the twentyninth of October and then the parliament be  adjourn but not prorogue until the February follow judgement be give for the  plaintiff
case earl OF ARGLASSE and MUSCHAMP eoden die Eq can ab pl c pl Ch Rep Vid ante  case Vid post case   Ro ab the defendant Muschamp have petition the Lord  keeper for a rehear of his plea to the jurisdiction of the court and Mr Wallop  in argue insist much on the case of the company of Horner in London roll Rep  where this court will not meddle with the trust of land in Chester though the  party be out of the jurisdiction of the county palatine and cite the Lord  derby case and therefore much less ought it to anticipate the jurisdiction of  the chancery of Ireland say non allocatur and the plea be overrule again the  Lord keeper cite only Preston and archer case and as to the objection that  this court be deficient in power in this case to compel a performance of its  decree because it can not sequester the land in question he look upon that as  a objection of no weight and it do not appear to he but the defendant may have  other land in England and then those will be subject to a sequestration and  therefore overrule the plea and a commission for take defendant answer beyond  see a grant Reg lib a fol
case earl OF huntingdon against sir anthony Mildmay beneficiary and use who  plead a grant by deed to b to his use need not show the deed roll ab Jones    cro Elizabeth cro car hard   light b   Carth quare hinder it be hold by all  the court except Walmsley that where the grant of a advowson be plead after  the statute of Henry c to one to the use of another in tail that beneficiary  and use need not show the deed of grant because the deed belong to the grantee  and not to the beneficiary and use but yet he ought to show that it be grant  by deed vide dyer escots case Walmsley hold that in this case he ought to show  the deed because the grant be not good without deed and so differ from escots  case vide Henry pl Henry pl
case earl OF oxford against waterhouse the defendant shall have cost if the  plaintiff enter discontinuance after special verdict ante roll r Leon hut  Hardres Bac ab Carth Com dig error after a special verdict and argument at the  bar there be a discontinuance enter by the plaintiff as it be agree he may and  it be move that cost may be assess for the defendant but the court doubt  whether cost may be assess because there be no verdict give in the case
case earl OF peterborough against sadler a three trial grant on account of the  great difference in the damage find by the former verdict in a case between  the earl of Peterborough and sadler his farmer a trial be concern the value of  improvement make by sadler a jury of farmer have give two hundred pound damage  which be think excessive and therefore a new trial grant and a jury of  gentleman order who only give forty pound whereupon a new trial now be move  for for sadler because of smallness of damage holt chief justice say that one  modern report must not always conclude because the court grant a new trial  that they be satisfy that the first verdict be have but it be often because  the thing may require a reexamination and a new trial be grant
case earl OF Rutland case in the court of ware fine sur to go away light jenk  cent Com dig Bl Com cruise on fine note at the same time it be resolve by they  in the earl of Rutland case that where there be tenant for life with remainder  in tail and he in remainder in tail levy a fine to the tenant for life and her  husband upon a to go away property c to the say husband and wife for the life  of the wife and die after proclamation it be not any discontinuance or bar of  the entail but during the life of tenant for life nor be it any bar or  alteration of the entail after that estate determine
case eason against newma Hilary term Elizabeth roll non delivery of good upon  demand be evidence of a conversion roll Abr gold more   Bulst hob Mod cro car  see morris v pug b burr and burr action on the case upon trover a special  verdict be find that one pepper be possess of those good and the defendant  find they and pepper make the plaintiff his executor and that the defendant  know they to appertain to the croak Elizabeth er p plaintiff deny to deliver  they to he upon his request and whether there be a conversion without any  other act do be the question and all the justice Popham absentee hold that it  be a conversion by the sole denial but be afterward move again Popham hold it  to he no conversion but it be cite at the bar that Elizabeth in this court it  be rule to the contrary el adjournatur
case east against harding it be a cause of forfeiture for a copyholder to out  tree without a custom to support it say qucere if it he for reparation ante  post roll Abr pale yellow ten term Rep trespass for cut of tree the question  be if it he a forfeiture b the commonlaw for a copyholder to cut tree without  a special custom for it?Gawdy and Popham hold it be for it be to the lord  disiriheritanc and be not Allowable for a copyholder to do it without a custom  and if he do it it be a forfeiture but by Popham if it he find that he do it  for reparation of the house by which it be make hetter there peradventure it  be otherwise
case east against Thoroughgood Hilary term Elizabeth roll on a promise to  repay if the plaintiff dislike the land it be not necessary to allege notice  of his dislike within the time or that in fact he do dislike say vide ante  contra   roll ab hard strange I wood con error of a judgement in Hedford in a  assumpsit where the plaintiff declare that he and the defen hc there be  communication betwixt daunt co erning the sale of certain land to he make by  the defendant unto he whereupon he deliver to the defendant in consideration  whereof the defendant promise to the plaintiff that if he like not the rand he  will repay that within a fortnight and allege infactol that he do not like the  land and the defendant have not repay unto hitr that say c and judgement be  there give for the plaintiff error be assign that the declaration be not good  for three cause first because that here he ought to have have a action of debt  and not a action upon the case say non allocatur second because it be not  allege that he give notice of the dislike within a fortnight for that be a  thing secret to himself whereof the defendant can take notice to pay the money  but the court hold that he ought to take notice thereof at his peril for he  have bind himself thereto by his express promise three because it be not  allege that he dislike thereof within the fortnight for otherwise the  defendant be not bind to pay it but the can hold that it be allege general it  be well enough for it shall he intend to he within the time unless it he show  to the contrary and if it be otherwise the defendant ought to show the dislike  to he after the time and have traverse the dislike before c and to that  purpose gawdy cite the case Henry pl here a obligation be make to two and the  one bring the action and allege that his companion be dead that suffice  without show that he be dead before the writ purchase so Elizabeth dyer Wotton  v coke wherefore the judgement be affirm
case east and wilson a statute recite to he make at Westminster must show the  county in which it lie say vide dyer hawk S the be indict upon the Henry c for  forcible entry and the statute be recite to he make at Westminster but show  not in what county and the indictment be discharge croak Elizabeth er p croak  Elizabeth michaelmas term and Elizabeth in the queen bench 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 east versus ryal Lord chancellor king Eq can ab pl governor of a charity  though not guilty of corruption yet if extreme negligent to pay cost this come  upon exception to a decree make by commissioner of charitable use where the  governor of the free school of saint olaf in Southwark join in make a long  lease for year of six house belong to the school at pound per annum rend  whereas the house be worth pound per annum the lord commissioner decree the  assignee of this lease to surrender it back and order the lessee and the  governor to pay pound cost and now Lord chancellor king affirm the decree as  to the surrender the lease but mitigate the cost by reduce they to pound say  there be no reason that the charity shall pay the cost on the other band it be  just that the owner of the peer William lease who be to have the benefit of  the breach of trust shall pay cost and as to the governor though they be to  gain nothing by this and be not guilty of any corruption yet they have be  extreme negligent in their trust for which they ought to be punish with some  cost
case Eastcourt against cope Hilary term James roll a declaration in debt on a  judgement need not recite the whole record ante Cowp dougl debt for one  hundred and twentyseven pound recite whereas he recover against the defendant  in this court the sum of one hundred and twentyseven pound that the defendant  have not pay it per quod action to grow progressively c it be thereupon  demurrer because he do not declare upon the entire record but begin with the  judgement for it be object that inasmuch as this action be find upon the  record he ought to show all the record for nul tiel record be a good plea  which plea be take from he by this short recital of the record but where the  record be but a conveyance to the action then this short mention quod  recuperasset suffice as in debt upon deceit or action for forge a writ c in  such suit it suffice to begin at the judgement as in Henry pl and Henry say  non allocatur for the precedent be both way as all the prothonotaries of the  common plea inform the court wherefore the court Doderidge and Houghton be  only there hold that it be well enough and adjudge it for the plaintiff
case easter term April in regard to dismiss bill where the cause be set down  on bill and answer only or where it be so set down after withdraw a  replication it shall be discretionary in the court for the future to dismiss  with forty shilling cost or cost to be tax or with no cost and a order for  this purpose direct to be fix in the register office Lord chancellor alter  this day the course of the court in regard to dismiss bill where the cause be  set down upon bill and answer only or where it be so set down after withdraw a  replication and order that for the future it shall be leave to the atkins er p  discretion of the court accord to the merit of the case to dismiss the bill  with forty shilling cost or cost to be tax by a master or with no cost a order  be draw for this purpose be order to be read in court and his lordship direct  it afterward to be fix in the register office
case eaton against allen word not actionable   b cro James bull n p I term Rep  c b action for these word he be a brabbler and a quarreller for he give his  champion counsel to make a deed of gift of his good to kill I and then fly out  of the country but God have preserve I the defendant plead not guilty and find  against he and now allege in arrest of judgement that a action lie do for  these word and all the justice except Glanville hold that the word be not  actionable for these word he be a brabbler and a quarreller will not hear a  action and the word subsequent be but to confirm they or to show the reason  why he speak so because for be not any affirmative slander nor a express  affirmation but rather qualify the force of the word subsequent and they  relate to the first but if the word touch a man profession that which come  after the for may aggravate the matter and maintain the action as Anderson say  if a man shall say of a la wire he be a knave for he have deal on both side so  if one say ofgeon CC a Himself he be a knave for he have murder such a man  with his plaster in these case a action lie for they touch they in their  profession and reputation and expound what he intend by the first word and  Walmsley say he have confer with the justice of the queen hench and they be of  opinion also that the action lie not wherefore it be adjudge for the defendant  croak Elizabeth er p
case eaton against Sherwin a assumpsit lie on a promise to pay so much in  consideration of take tithe SC skin case upon a special promise for tithe for  six year on a motion in arrest of judgement it be hold good though such a  agreement be not a good lease nor do any interest pass by the same in the  tithe a yet it be good to ground a assumpsit and the action lie judgement for  the plaintiff
case eavers against skinner Michaelmas term Elizabeth roll if a copyholder be  nod et deaf the lord shall have the custody and not the king ante dyer hob hut  lie Lutw Com dig gilbert ten replevin the case upon demurrer be that sir  Edward Champernone be committee of a ware who have a manor wherein be diverse  copyholder among who one be nod et deaf grant the custody of that copyhold  land to another who enter the prochieine any of the copyholder enter and which  of they shall have the custody or if none of they be the question and it be  resolve that the lord shall have the custody for otherwise he shall be  prejudice in his rend and service and his grant be good wherefore it be  adjudge for the grantee
case eccles versus THAWILL a executor shall not redeem a mortgage term without  pay a debt contract after the court declare in this cause that if a man  mortgage a term and afterward become otherwise indebt to the mortgagee and die  his executor precedent in chancery or administrator shall never redeem without  pay the other debt contract after the mortgage but if they have be contract  before they will have be intend to be include in the mortgage per Rawlinson
case ECCLESTADE against MALIARD a award can order any act to he perform by a  stranger post   b sand lev salk debt upon a obligation to stand to the award  of I S who award that one of the party shall pay to the son of the other party  which be hequeathed to he and for not payment action be bring and it be  adjudge that the action do hot lie for he be not bind to pay or tender the  money be a stranger to the a by car c child bear of English parent out of the  king dominion be declare to he naturalborn subject and by whether c the child  of all naturalborn subject bear out of the king allegiance shall he deem  naturalborn but by Geo c this be confine to such child who father at the time  of their birth be naturalborn subject of great Britain and not liable to the  penalty of treason or felony in England or Ireland or in the service of a  alien enemy and the privilege of Ann c thus explain by Geo c be extend by Geo  c to all child bear out of the kin S allegiance who father be entitle to the  right of naturalborn subject see also and will c f and j Geo c croak Elizabeth  er p award in mich term and Elizabeth t be adjudge hetween Henry Norwich and  Simon Norwich that where they be mutual bind to stand to the award of sir  Edward Montague of all demand c who award that Simon Norwich with three surety  shall he oblige to Henry Norwich for the payment of a certain sum it be a void  award for the arbitrator have no authority to award any thing concern three  person but in that case it be say if the award have be to pay l I S or that  the party shall he nonsuit or discontinue a action it have be a good award for  they be act to he do by the party himself and if he tender the l to I S and he  refuse or offer to he nonsuit or discontinue the action and the court refuse  the obligation be save but he ought to plead tender of payment and offer to he  nonsuit c vide Henry Edward Edward and Edward
case Eden against lloyd a action who tam lie against a sheriff for a escape  upon a she will and it be not necessary to state the whole of the original  record but if it state the arrest to have be in another county it be fatal  ante I roll ab shower sand cro James Lut more Mod Carth Bac ab imp Sh hawk  strange Peer wms error of a judgement in the c ommon plea action upon the case  tam pro regind qudmpro he himself for that whereas he have a judgement to  recover such a debt against I S and upon a can pias ad salisf aciendum he be  outlaw and upon a capias Utlagatum the defendant be sheriff take he and after  suffer he to escape the plaintiff not be satisfy c the first error assign be  because the action be bring by he and the queen whereas it ought to have be  bring by himself only say non allocatur for the person outlaw be suffer to  escape it be as well in contempt to the queen as in prejudice to the plaintiff  and therefore the action bring by they both be warrantable Assis Assis second  because he recite not the whole record but begin at the judgement quod cum  recu perdsset c say non allocatur for it be but a conveyance to the action and  therefore not necessary to show the whole record but it suffice to begin at  that which be the cause of the actioa Henry Henry three because the action be  bring in Suffolk against the sheriff of Suffolk for croak Elizabeth er p  arrest the defendant in the first action upon the capias utlagatum and suffer  he to escape and the defendant in the first action be name of S in the count  of No I folk and the arrest be suppose a put S prcediet so the arrest be  suppose in the county of Norfolk and then it be tortuous and there can be any  escape thereupon and this be hold to be a manifest and incurable error and  therefore the judgement be reverse
case Eden case the misrecital of a statute vitiate the indictment which be  find on it and it can be make good as a commonlaw ante hale Com dig hawk dougl  Eden and other be indict upon the Henry c of the forcible entry for that he  and diverse other in the indictment name forcible enter and seize Alice  Knotsford first exception be take for that the statute be recite that if a he  expel or seize whereas it ought to have be expel and disseize but it be say  that the print book and also the parliament roll be in the disjunctive and  therefore non allocatur another exception be because the statute be if any  feoff or discontinuance thereof be make c and the statute recite this word  thereof be leave out and for this cause hold to be ill for there be not any  such statute  dnd the misrecital of a statute I cause to avoid eftt for riot a  Ithough it it it be then move that it be a good indictmi be void upon the  statute say non allocatur for be void for the principal croak Elizabeth it can  be good for the residue wherefore they be disebar Edward Henry pl Henry
case edgecomb against spark the tool of a Cooper or other mechanic may be  distrain for nonpayment of the poor rate the plaintiff be a Cooper in Exeter  bring trespass in the sheriff court there against the defendant be a constable  quare house to break in pieces shower KB et to go into and diverse good  videlicet c do take and carry away upon not guilty plead the evidence before  sir Thomas caryi their recorder be that the plaintiff conceive himself  aggrieve by a rate to the poor of the parish where he inhabit refuse its  payment whereupon the overseer with a constable by a justice warrant make a  distress and thereupon take the tool in his shop I be of counsel for the  plaintiff urge that they be not distrainable be the utensil of his trade and  consequent the instrument of his livelihood and so within the rule of the  commonlaw be have other good at that time in his house sufficient to have  answer the distress but the recorder overrule I be of opinion that that rule  hold not in case where distress be give by Act of parliament as for poor rate  hearthmoney and the like and that it only extend to distress for rend and  amerciament quaere yet for the matter a
case Edmund against mark a bind condition to he at such a place on such a day  to choose arbitrator c be not perform by a attendance at the last instant more  debt upon a obligation condition that if the defendant shall come to the king  head c upon the that of Octoher and there elect two arbitrator who with two  other to he elect by the plaintiff shall arbitrate of all such sum which the  plaintiff have disburse for the defendant and promise to he pay to the  plaintiff by the defendant that then c the defendant plead that upon the that  of Octoher he come to the king head c and there elect two inhabitant of the  say will arbitrator ad faciendum arbitration of all sum c and that the  plaintiff be not there c and hereupon the plaintiff demurrer and after  argument it be adjudge for the plaintiff for Walmsle say that the plea be not  good because he say he come thither on the that of October c and he show not  at what hour of the day nor how long time he continue there for it ought to be  to the last instant of the day and to he there at such a convenient time  before that the arbitrament may he make the plea also be not good because he  do not show that his two arbitrator be there present for they ought to be  there for the word eat that they together with the plaintiff arbitrator c  wherefore for these cause it be a fJudged for the plaintiff
case edmund Watkins against oliver easter term James roll in the exchequer  Chamber if Edmund execute a deed in which he be name Edward he may plead that  it be not his deed post dyer   light a   Poph bro lie cro Elizabeth Owen Bac  ab in notorious facts Bac ab salk error of a judgement in the king bench the  error assign be for that the plaintiff declare in debt against Edmund Watkins  otherwise Edward Watkins that he by the name of Edmund be bind in a obligation  for the payment of one hundred pound and for nonpayment the action be bring  the condition be that if Roger Watkins pay fifty pound to the plaintiff at  such a day that then c the defendant plead payment by Roger Watkins at the day  and place and issue be take thereupon it be find for the plaintiff and  judgement give for he error thereof be now bring for that Edward Watkins be  oblige and Edmund be sue which can be intend one and the same person and no  averment can help it for one can have two Christian name and there can be any  estoppel as this case be all the justice and baron be of that opinion but if  the condition lad be if Edward Watkins pay the fifty pound c and the issue  have be that croak James er p the say Edward Watkins pay and the verdict have  find for the plaintiff then the verdict shall make it a estoppel and the court  shall be ascertain that they be one and the same person but as it be here a  croak throw stranger pay the sum which be so find it can help the plaintiff  wherefore for this cause the judgement be reverse Henry pl
case Edward against Dickenson case against a postmaster for not deliver a  letter when request case against the postmaster of Bristol for not deliver a  letter send by he by post upon request and demurrer and it be hold that the  action be well maintainable upon request and refusal without any particular  damage have accrue for the miscarriage of a letter be damage but if the  defendant have tender the letter and the plaintiff will not pay postage he be  not bind to deliver the letter but then this ought to have be show on the  defendant side judgement be give for the plaintiff modern report trinity 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 Edward against EBSWORTH information quash for uncertainty information  upon the statute Henry c for not fence of coppice exception because it be not  allege that the defendant have lawful interest in they as the word of the  statute be because it be show that certain coppice be cut but show not what  coppice they be because it be recite that he shall forf for every rood S d  whereas it shall he for every rod of land but it be say the parliament roll be  rood of land and so be the last impression but for the two first exception the  party be discharge
case Edward against ousley word actionable post more cro car say vide roll Abr  side post cro car contra as be too general and charge no particular act of  witchcraft action for these word thou art a witch and will prove you a witch  it be move in arrest of judgement that the action lie not because it be a  thing secret in the mind and can be discover but all the court hold that the  action well lie especial the word be speak since the statute James c which  make every witchcraft felony a wherefore it be adjudge for the plaintiff
case Edward against peel by the grant of a reversion a remainder will pass  Plowd job ld raym Bl Com quid law proclaim upon grant of d reversion by fine  by S and the tenant plead that I S have nothing in reversion at the time of  the fine levy Glanville move to the court that the truth of his case be that  the land be the land of the tenant for life remainder to I S in fee who by  fine grant it by the name of a reversion Walmsley it be clear then that croak  Elizabeth the reversion pass by that fine and you may show that special matter  in your count and that will help you quod compose concession per all men ju  iliarios croak Elizabeth er p
case Edward against roberts on a promise to pay in consideration of  forbearance a averment that he do extunc altogether to keep back c without say  thus far be good after verdict the plaintiff declare that the defendant  promise to pay he so much money in consideration that he will forbear to sue  he and then he aver that he d id modern er p extunc altogether to keep back c  upon non assumpsit plead a verdict be find for the plaintiff turner sergeant  now move in arrest of judgmentFirst the consideration intend a total  forbearance and the averment be that from the make of the promise he do total  forbear but do not say thus far say non allocatur for that shall be intend and  it be the opinion of the whole court that if the consideration be as in this  case whole to forbear the plaintiff by a averment that from the make the  promise thus far he do forbear be well entitle to a action a like case be this  term where the consideration be as before and the averment be that he forbear  seven month and be move in arrest of judgement by Baldwin sergeant because it  be not say thus far which imply that after the seven month he do not forbear  it be notwithstanding hold good it be a reasonable time and the rather because  if the action have be bring within the seven month and the plaintiff have aver  that thus far be forbear it have be good enough quaere
case Edward against rogers Trinity term car roll if the uncle of a idiot who  be seize of a reversion in fee levy a fine and die in the lifetime of his  nephew the grandson of the cognizor on the death of the idiot without issue be  not bind by the fine post Jones march Com dig S c post Inst   hob salk cruise  trespass upon not guilty and a special verdict the case be tenant for life  reversion to William Roger a idiot in fee Andrew Roger his uncle levy a fine  come Ceo c with proclamation to Robert Crompton and have issue John who have  issue William the defendant and die William the idiot die without issue  William the defendant enter as heir to he videlicet son and heir of John son  and heir of the say Andrew croak car the question be whether he may claim  against this fine of his grandfather not claim by the grandfather but derive  only his pedigree from he and it be argue by roll for the plaintiff that  forasmuch as William Roger be a this case be move again in easter term and  adjudge on a new point for the defendant post a post croak car er p heir to  Andrew his grandfather uncle to the say William the idiot he be estopped to  claim against this fine or to say quod part ad that which divides nothing to  have and for proof thereof be rely upon the Edward c of fine and the yearbooks  Henry pl Edward pl Edward pl Edward pl Edward pl Henry pl   Edward pl Henry pl  Scovell v Brastock a   sir George brown case b and saul v clerk c but it be  argue by Farrer for the defendant that this fine shall not bar because he  claimsnot a that interest by or from Andrew nor as heir to he but only make  mention of he in the pedigree and he rely upon Hobbes case in the exchequer  cite in   light a Edward wonder pl Edward pl Edward pl   Symmss case d Edward  title view in sur who in Vita Henry pl Edward title entry congeable Henry de  Feffment de fit en vie son peer and that here he be in quasi of another title  and puisny to the fine e
case Edward against Stapleton MichaelmasoTerm pound Elizabeth roll a plaintiff  executor must conclude his declaration with a profert of the probate of the  will post I side cro James Balst Bulst hob Carth Com dig dougl in notorious  facts assumpsit by a executor of a promise make by his testator the defendant  plead non assumpsit and it be find for the plaintiff and judgement for he and  this be in Kingston error be thereof bring and assign because he do not show  in court the testament in the declaration mention whereto it be say that it be  but default of form which be aid after verdict but all the court hold it to he  matter of substance for otherwise he do not entitle himself to the action  without show the testament for which cause it be reverse a a a gentleman  chariot stand in the coach house of a common livery stable seem to he  distrainable for rend Francis v Wyatt burr Bl Rep b it be adjudge that the  distress be not lawful post a this omission be now add on a general demurrer  by pound car c and whether c see sand side Mod croak Elizabeth er p
case Edward against Watkin easter term Elizabeth roll or variance post vern  Com dig will salk Mod Mod ld ray error in trespass the writ be quare enclosed  space to break in pieces and the count be enclosed space to break in pieces  and for this variance the judgement be reverse
case Edward against week in assumpsit on a promise to pay five pound in  consideration of exchange horse the defendant can plead a parole discharge  before action bring for the money be due immediate the promise to pay be break  S C Mod S C Freem assumpsit the plaintiff declare that the defendant in  consideration that the plaintiff at his request have exchange horse with he  promise to pay he five pound and he allege a breach in the nonperformance the  defendant plead that the plaintiff before any action bring discharge he of his  promise and upon a demurrer the question be whether after a breach of a  promise a parole discharge can be good the case of Langden v Slokes a cro car  side a be a authority that such a discharge have be good before the breach  videlicet the defendant promise to go a voyage the breach be allege in  nonperformance and the defendant plead that before any breach the plaintiff to  free the dawn and upon demurrer it be hold good before the breach but here be  no time agree for the payment of this five pound and therefore it be due  immediate upon request and not be pay the promise be break and the parole  discharge can be plead and of that opinion be all the court and judgement for  the plaintiff nisi c quaere if he have plead such a discharge before any  request of payment whether it have be good trinity term the twentyninth of  Charles the second in the exchequer sir William Montague Knt chief baron sir  Edward turner Knt sir Edward thurland Knt sir Francis Brainston Knt baron sir  William Jones Knt attorneygeneral sir Francis winnington Knt solicitor general
case Edward case it be slander to charge a man with a intent to do a unlawful  act post Yelv r ab strange action for these word Jo Edward do wrap gunpowder  in a piece of tow and lie it under my window and put fire to it mind to burn  my house Wray c j hold that the word be actionable for by such speech the  plaintiff good name be impair so to say he lie in wait in the highway intend  to murder I and the plaintiff have judgement a the writ of attaint be now  render obsolete by the practice of grant new trial on motion Bl Com burr post  in note croak Elizabeth er p
case edward hide against Morley Michaelmas term and Elizabeth roll if a  conusor of a statute merchant feoff and before execution the conusee release  all his right to the feoff he can afterward extend upon the feoff post cro  James   r ab and r ab   light   hearing complaint against the defendant for  sue execution against the plaintiff of the manor of Wakeley in the county of  Hertford upon a statute merchant of a thousand pound which one Edward Halside  do acknowledge to he and show that the say Halside be at the time of the  statute seize of the say manor and afterward sell it to the plaintiff and the  plaintiff be thereof seize the defendant by his deed c to let go back et  relaxavi to the plaintiff totum el quodlihet law distinction interest et  entrust qucunque the say Morley to have hahet well hahere to withhold well  dehet de et in manor predictum c nor all men et of every sort act to cut  performance et entrust queen ipse well hredes executor c tunc to have well  hahere to be able de or versus prmissa well versus Edward hide c pro well to  mix aliquan means ration prmissor c and upon this it be demurrer the case be  argue by Fenner for the plaintiff and Walmsley for the defendant and it be  adjudge that this release be a good bar of the execution upon the statute vide  Pas b r it is pleasing contra adjudge
case edward Seymour against sir io CLIFTON in the exchequer Chamber Prcedidus  omit in enter the similiter Goulds error the error assign be for that the  issue be join that Jo Clifto hoe petit qubd to seek after per native land et  Edivardus Seymour similiter but say not prcedictus but inasmuch as there be no  other Edward name in the record but the defendant and so caniot he intend  another person and the word proedidus be but of form and not of substance it  be aid by the statute and may he amend and the word prcedict be put in and the  judgement be affirm
case edward WALWINS case outlawry reverse ante error bring by he to reverse a  outlawry upon a indictment of murder the error be that in the indictment he be  name Edward Walwyn de Mackre and the eapias be de Mackreo and by the name of  Walweene whereas his name be Walwin and for these cause the outlawry be  reverse d ante e cro car yely   a f hob fitzg post   b croak Elizabeth er p
case edward yard against ellard if a man indebt to a feme covert as executrix  promise payment to the husband the husband must bring action alone S c salk S  c Carth S c ld ray action upon the case wherein the plaintiff declare that  whereas the defendant on the six of June in the nine year of William the three  be indebt to the plaintiff and Susannah his wife as executrix of the testament  of S t six pound for arrear of rend due to S t in his lifetime and so be  indebt in consideration the say plaintiff will give he time to pay the same  until Michaelmas then next follow he promise to pay the say six pound to the  say plaintiff at the Feast of Michaelmas then next follow and show that he  give he time until the then next Michaelmas but that the say defendant have  not pay and aver the life of his wife and on non assumpsit plead and verdict  for the plaintiff gold move in arrest of judgement that this action shall have  be bring by the baron and feme because the debt which be the foundation of the  promise be due to the wife as executrix and the money when recover will ensue  the nature of the debt and be asset a raym modern report er p but the whole  court hold the action be well bring by the husband only as in the case of lea  v thin a and it will have be ill if it have be bring by the wife because the  wife be not privy to the contract but it be a special promise make to the  husband only to who the payment be only to be make and the recovery on this  promise must be only by he in his own right which promise do not alter the  debt because it be no of a high nature but be a sort of collateral security  and the money recover on this promise be no part of the personal estate of the  testator for if the husband die his executor shall have execution thereof but  yet when it be recover it be a devastavit in the husband so far as he recover
case edwin versus thomas in court Lord chancellor loveliness die Julii Eq call  ab pl S c a new trial grant on a issue direct the matter in question be of  value and concern all the copyhold in the manor the issue direct to be try  touch the custom of the manor of quod with part case be find against the  plaintiff Edwin and the cause be now set down upon the equity reserve it be  allege to be a cause of value and concern all the copyhold in the manor a new  trial be direct upon payment of cost Vernon chancery case er p
case egerton case a fine levy to the use of a passes a estate for life cruise  on fine a variance of Broeeknouse instead of Broceknouse not material error  upon a judgement in the common plea in a writ of covenant two error be assign  first for that a fine be levy by indenture declare the use to be to the wife  of I S and the court of common plea adjudge it to be a estate for life whereas  it be not so express and as to that point the judgement be affirm for  Doderidge say although the fine be but as a grant yet a estate for life may  pass vide   shelly case another error assign be that the covenant be for the  tenement call Broceknouse in the parish of d in the tenure of William Fritton  and so the first declaration be but the second declaration be of the tenement  call Broeeknouse in the parish of d c but Doderidge justice say that in regard  there be such precise certainty before it be no material variance and  principal for that the second declaration be but a recital of the first and  refer itself thereto for it begin alias prout to stand open per record c  whereto the court agree and the first judgement be affirm croak James er p  croak throw easter term James in the king bench sir Edward Montague Knt chief  justice sir John croak Knt sir John Doderidge Knt stir Robert Houghton Knt  justice sir Henry Yelverton Knt attorney general sir Thomas Coventry Knt  solicitor general
case ekin versus pigot march a modus be worth as much as the manor itself in  queen Elizabeth time be think too rank and consequent can not be time out of  mind the bill be bring for tithe in kind of the manor of Dodeshall in the  parish of Quainton the defendant insist upon a modus of pound in lieu of all  tithe for that manor the plaintiff counsel insist it be too rank for the whole  rectory be worth but pound a year in Henry the this time and the whole demesne  land of that manor in queen Elizabeth time be worth but pound per and so that  the modus be full as much as the manor itself Mr mill for the defendant cite  chapman versus Monson p wms the plaintiff prove as exhibit the value of the  first fruit from a return make by the augmentationoffice and for the value of  the manor a inquisition post death Lord chancellor there be no person more  unwilling than I be to set aside such payment in lieu of tithe but there must  be some ground of law upon which to support such payment the first objection  be of its be too rank a modus and consequent can not be time out of mind for  the manor be now but pound per annum and accord to the natural improvement of  land from Henry the this time it ought to have be ten time as much on account  of money sink in its value and land rise in they the return from the  firstfruits office and the inquisition post death though they be not  conclusive evidence yet sufficient upon the circumstance of this case because  the defendant have not produce any evidence to contradict it atkins take all  the evidence together this appear to be nothing more than a composition upon  agreement which parson have submit to in succession from time to time and be  mere a personal payment not a composition real which be some charge give to a  parson upon land under a deed to which himself the patron and ordinary be  party and of a different nature from this the plaintiff therefore must have a  decree for tithe in kind Reg lib a foe
case ELBOROW against allen to say of a man who be in possession of a estate by  descent that he be but a bastard be actionable without show any colloquium  concern his estate ante action upon the case whereas he be the son and heir of  John Elborow and whether his wife daughter and heir of John travel and have  diverse land by descent from they of the value of two hundred pound a year  that the defendant envy his estate speak of the plaintiff and Katherine his  wife say these word shall Elborows wife sit above my wife he be but a bastard  quorum pretense he be much scandalize in his estate and enforce to great  expense to defend his title upon nothing to say and writ of enquiry of damage  and fifty pound damage find it be now move in arrest of judgement that these  word be not actionable because he do not show there be any speech about his  estate or that he be about sell or lease out of the land nor that these word  be speak to scandalize his title and although the plaintiff say he be  scandalize in his estate and that they be speak malicious that be but the  clerk draw and insert for it do not appear that he have any temporal loss  thereby and therefore not actionable a croak throw but all the court except  Doderidge hold that these word be in themselves scandalous and dangerous to  cause his inheritance to be question and so the plaintiff have lie they to be  in his declaration that he be put to great charge to defend his inheritance  but Doderidge strong to the contrary that neither the word themselves nor the  manner of speak of they do import any slander except oblique and the  allegation of the plaintiff shall not help they but the other three justice be  against he it be adjudge for the plaintiff a ante a see whether davies case    foe croak James er p
case Elinor blisset versus johnson in a action for word it be sufficient if  they be prove to have be speak in the three person though they be lie in the  second person ante roll ab a recovery plead without show where the court be  hold be have on demurrer I ld ray action for these word thou innuendo the  plaintiff art a villainous and a murderous quean for thou do murder my last  wife the defendant plead not guilty the jury find that the defendant speak  these word of the plaintiff to one Spinkfoot she be a villainous murderous  quean for she do murder my last wife et si c Popbam and Fenner hold that this  verdict be against the plaintiff for they be not the same word mention in the  declaration and if the defendant croak Elizabeth have be find guilty general  and the plaintiff have recover the recovery will not have be a bar in a new  action for these word for they be so variant that he can help himself with a  averment that they be the same word but gawdy contra for they be all one in  substance and the difference to who they be speak be not material and they may  he well aver in a new action for these word than the word in the first  declaration and these be a l one therefore it be adjourn
case Elizabeth COUPLEDIKE against hester COUPLEDIKE the entry of the  imparlance in one office and the nonsuit in another be not error Com dig term  Rep detinue will not lie for a beehouse   light error of a judgement in  detinue in the common plea the first error be because a see car c a by car  saint c no petition to the king or either house of parliament for any  alteration either in church or state shall be sign by above twenty person  unless the matter thereof be approve by three justice of the peace or the  major part of the grand jury in the country and in London by the lordmayor  alderman and commoncouncil nor shall any petition be present by more than ten  person at a time but under these regulation it be declare by the will mary  saint c that the subject have a right to petition and that all commitment and  prosecution for such petition be illegal see the case of Lord George Gordon  dougl b this court be dissolve by car c see Bl Com harleian ms vol I No croak  James er p in a writ of detinue bring it be returnable Michaelmas Elizabeth  and therein the plaintiff be nonsuit and notwithstanding in Hilary term  Elizabeth he declare and proceed to judgement without a new original this be  assign and in nullo be erratum plead it be now allege over as far as that it  be but a misprision for the nonsuit be enter in Brownlows office whereas the  imparlance be in Scottons office who be another of the prothonotories so there  be not any nonsuit in rei in point of fact say non allocatur for the court do  not take any cognizance of such distinction of office and it be but one entire  record a second error assign be for that the writ suppose deteiner de One  house peremptory or urgent call a beehouse which can be that a detinue shall  lie of a house wherefore it be reverse
case Elizabeth dyer   Pigot case e faits rasure godb bridge Leon cro car roll  Rep a body corporate make a lease for year to a a raze it in a place not  material this rasure avoid the deed it have be otherwise if a stranger have  raze it in a place not material but if a stranger raze it in a material place  the deed be make void by all the judge of England Jenkins er p
case Elizabeth gardener against thomas SPURDANT and Frances his wife to charge  a wife with have poison her husband be actionable ante hob cro Elizabeth Bac  ab stram Cowp action for word whereas one George gardener her husband die by  the visitation of God saint February James that the defendant Frances say of  the plaintiff February James thou have poison your husband innuendo the say  George gardener and I will justify it and afterward she say to I monox of the  plaintiff goodwife gardener have poison her husband and I will justify it and  have tell her so much to her face the defendant plead not guilty and find for  the plaintiff and move in arrest of judgement that the action lie not because  it be not say that she voluntary poison he nor when she poison he nor that he  die of the poison and it be not felony and for that purpose be vouch Barhams  case a and vaux case b say non allocate for when it be show that the plaintiff  husband be late dead and the defendant say the plaintiff have poison he it be  a great scandal she also charge her with poison to death wherefore it be  adjudge for the plaintiff
case Elizabeth james Dorothy HUMPHRYS and dame whether Stephens sister and  coheir of richard collins decease plaintiff John hale arm all defendant maii  Eq can ab h pl pre Ch S c a devise land encumber with debt to b for life  remainder to c in fee b cut down timber from the estate b decree to pay two  give of the debt and c the remain three give and b to account for the timber  which he have cut and this to be take as part of the three give which the  remainderman be to pay post case Richard Collins be seize in fee of several  land by his will of Jan devise the same to his dear friend John hale the  defendant for life and devise onethird part of the reversion to each of his  three sister respective and her heir the bill be to discover the encumbrance  upon the estate and compel the defendant to bear his share and proportion  thereof complain the defendant increase the debt by nonpayment of interest so  that their reversion may in a Vernon chancery case little time become charge  with as much as it be worth and the defendant go away with all the profit  during his life without pay so much as interest upon the mortgage and charge  he have cut down timber for which he ought to be Accountable per cur decree  the defendant Mr hale the devisee for life to pay two part in live of the debt  and the plaintiff the reversioners the other remain threefifths and the  defendant to account for the timber be but bare tenant for life and not with  power to do or commit waste and what he have raise by timber to be take as so  much in part of what the reversioners be to pay by the direction before give  towards the discharge of the encumbrance Reg lib a fol vide burn v best ante  Vol and case cite in not there Cleat v Batteson ibidem anon p wms Vernon  chancery case er p Vernon chancery case de term S the number three in curian  porter
case Elizabeth SLYMBRIDGES case if a prisoner in execution be in danger of  death as a woman with child ready to liein the court of king bench may admit  her to bail Mod side Bulst palm burr burr holt hawk p c Mod stram Cowp to Rep  Elizabeth Slimbridge upon a special supplicavit out of the chancery be come  croak James er p mitted to prison for want of surety and upon sug estion to  the court that she have be imprison for diverse week and be big with child and  will be in danger of death if she shall not be enlarge coke chief justice say  that they at their discretion may let her to bail upon common or mean bail to  prevent the peril of death to her or her infant and he produce a precedent in  Edward pl  where one be in execution for debt be discharge because he have be  long in prison and decrepit and so old and strike in year that he can not Ion  g continue and these reason enter upon the roll and another precedent in  easter term Edward in cornubia where a wife bring a appeal against twelve who  be acquit and upon enquiry of damage it be find that she sue it malicious and  be commit to prison for their damage afterward upon suggestion that she be big  with child and near her deliverance she be release upon bail and he say that  both these record be in the treasury a
case ellery against hicks and his wife trespass by original be good although  only one battery be recite in the writ and two in the declaration assault and  battery be bring by original against husband and wife in the writ there be but  one battery mention and the plaintiff declare upon two videlicet one make on  the first and the other on the second of January and that the defendant set on  his dog to bite the plaintiff the husband plead as to the set on of the dog  not guilty and as to the battery son assault demesne the wife plead that the  plaintiff and her husband be quarrel and that in order to part they she manus  to place upon c ut bene to be for sale the plaintiff reply close non c because  die et year c in narration mentionat c de in an unjust manner svan not common  with others insultum to make c there be a verdict for the plaintiff at the  assize in Cornwall it be now move in arrest of judgement and the exception  take be first the action be bring by original in which there be but one  battery lie and two in the declaration and so there be a plain variance but  this exception be disallow because the defendant shall not take advantage of a  ill original without demand oyer of it which he have not do beside it be only  by way of recital in the declaration it be like attachiatus to be cro James  cro car and brown v Morgan fort a which be nought in a action of debt but be  only a recital it have be hold good second there be two battery lie in the  declaration on several day to which the defendant plead son assault c and the  plaintiff have reply but to one videlicet die et year c de in an unjust manner  svan not common with others this exception be also disallow because it be only  a discontinuance and help by the verdict by the statute Henry c see   Com dig  amendment b it have be otherwise upon a demurrer Yelv sand Com dig pleader e c  so the plaintiff have his judgement
case Elliot against Danby sale by commissioner of bankruptcy must be by deed  enrol a assignment of a term of year be make by commissioner of bankruptcy to  a creditor who before enrolment of the deed of assignment make a lease to the  defendant and then the deed be enrol per curium such a lessee can maintain a  ejectment because the lease can not have be before the enrolment the word of  the statute be that commissioner may sell by deed enrol so without enrolment  no sale a vide yet   a see also the case of very v bow t Jones vent a
case Elliott against cowper a declaration state that a make a promissory note  and that the plaintiff demand the money of the say a be a sufficient averment  of the identity of a S c stram S c ld ray a action be bring against the  endorse of a promissory note wherein the plaintiff declare that one coat fecit  notam in scribe omit the word manu svan subscript by which he promise to pay  to the defendant or order so much money c that the defendant endorse this note  to the plaintiff and that although be demand the money de eoden coat be do not  pay it the defendant demurrer special for that the plaintiff do not set forth  that coat of who the money be demand be the same coat who draw the bill to  which it be answer that the declaration set forth that the note be make by one  coat and that the plaintiff demand the money de eoden coat which be a good and  certain averment that he be the same person and the court be of that opinion  second it be object that the statute whether c which give credit to such note  and a remedy to recover on they where there be none at law enact that all note  sign by any person c and it do not appear by this declaration that coat sign  this note to which it be answer that the plaintiff set forth that coat fecit  notam which imply sign it for be can not make it without sign it same point  determine accord in tailor v dobbins stram see also smith v Jarvis ld ray a  the plaintiff have judgement
case elm versus shaw of the tenth in court Lord keeper Eq can ab pl demurrer  allow but without cost because it be a demurrer only without any answer and  come in by commission Qure overrule vide Lloyd v Gunter ante Vernon chancery  case er p
case ELNORS case if a indictment refer with equal uncertainty to two county it  be void ante hawk p c case in crown law Elinor and other be indict upon the  Henry c of forcible entry the indictment be quod cum in staluto parliament  tent at Westminster in comilat Middlesex c queen quod Johannes Elinor and  other c de Slimbridge in county predict at S predict in come predict one close  be the freehold of the countess of W with force and arm c have enter c and her  to drive out et disseizivit c exception be take to this indictment because it  be not certain in what county Slimbridge be in which the land be suppose to  lie for there be two county name before sure Gloucester and Middlesex so in  come proedict be uncertain and if it he refer to that which be name last as it  shall he most proper refer then it be to Middlesex and a indictment take in  the county of Gloucester of land in Middlesex be void and for this cause  principallythe indictment be hold insufficient and the party be discharge
case elred against be outlawry reverse for the variance of a letter in the  process and because the alias capias be return by the sheriff when out of  office ante hsi error to reverse a outlawry in debt coke assign the error  first the defendant in the original be name elred accord to his true name and  in the mean process videlicet the capias he be name Eldred and so be erroneous  for if there be croak Elizabeth any difference by omission addition or  interposition of any letter between the original and judicial process it be  erroneous InTr EIiz outlawry reverse upon a difference videlicet Walwyn and  Walweyn Richard pl SeinJohn SaintJohn so in fisher case York for yerk second  error which be error in fail that the alias capias be return by one Felton  whereas hewas then remove from his office and townsend be sheriff to which  they have plead in nullo W err alum and so the court shall intend it to he  true and this he say be a dead fault and for these error the judgement be  reverse
case else against clark Trinity term James roll quinquagesimis scales in a  bind shall be intend to mean fifty pound ante post roll ab   Yelv cro car  Jones hob Lut salk Mod Mod Mod ld raym Bac Abr debt upon a obligation and  declare quod to go away see tender in fifty scales the defendant demand oyer  of the bind which be enter in haec word noverint c tender c in fifty scales  and for this variance he demurrer in law for it be object that these word in a  bind have a construction that he oblige himself in fifty pound and not fifty  pound say non allocatur for quinquagessimis and fifty in a bind shall be  construe to be all of one sense and the intent of the party be so wherefore it  be adjudge for the plaintiff
case else against else if to a action for money lend and lie out the defendant  plead infancy a replication that it be for necessary without say any thing as  to the money lend be bad S c comb S c salk S c Mod S c ld ray Indebitatus  assumpsit be bring against a executor for sixty pound as well for money lend  and lie out for the testator c the defendant plead that the testator be a  infant the plaintiff reply protestand that William Ellis the testator be not  at that time a infant pro plea say that he lie out money for lodging and for  meat and drink for himself and family and that it be so lie out for necessary  and upon demurrer to this replication judgement be give for the defendant or  though the plaintiff have make a good answer concern the money lie out yet he  say nothing to maintain his declaration for the money lend
case else against fitch queen if charge a man with steal corn out of his field  shall be take as a imputation of felony ante hob ante action for these word  thou have steal as much corn out of my field as be worth nine or ten shilling  after writ of enquiry of damage upon nothing to say it be move in arrest of  judgement that a action lie not for these croak throw word for it may be well  intend stand corn and then the take be not felony and so no action lie but the  court doubt thereof and will advice croak James er p
case else against johnson Trinity term car roll if a inferior court proceed  after service and allowance of habeas corpus they be liable to attachment and  proceed be in person non judge roll ab   cro Elizabeth cro James Jones Mod Mod  skin salk strange Tidds practice Mod Mod hawk p c Cowp term Rep term Rep error  of a judgement in d a inferior court the error assign because after a habeas  corpus cum causan be sue out of this court and deliver to the mayor and  principal officer of that court and acceptance and allowance thereof they  notwithstanding proceed to trial and judgement the defendant plead in nullo be  erratum Germin now move that this be not error because he do not allege the  habeas corpus to be upon record so as the error now assign be not triable but  it be hold that that proceed after the habeas corpus deliver be a error and in  person non judge which be confess by the plead in nullo be erratum and if it  be not true that it be deliver to the mayor and allow it ought to have be deny  and be triable per pais but because it be not deny it be a manifest error  whereupon the judgement be reverse see James c S
case elston against DURRANT in trespass for eat the plaintiff grass with  diverse cattle videlicet with horse ox and cow a verdict find that the  trespass be commit with diverse beast be good for the substantial part of the  issue be find ante roll ab Cowp dougl term Rep error in the exchequerchamber  of a judgement give in the king bench in trespass of enclosed space to break  in pieces averiis depascend videlicet horse an ox cow pig et bident croak  James er p the defendant plead quoad any trespass cum some averiis except cum  dvobus eunuch et three cow not guilty quoad the trespass enclosed space to  break in pieces et depascend cum dvobus eunuch et three cow he justify fond  prescription of common the party be thereupon at issue and a verdict be find  for the first issue that thedefendant be guilty cum some averiis prout the  plaintiff count and assess damage and cost and for the second issue they find  for the plaintiff and upon this verdict judgement be give for the plaintiff  the error assign be that the verdict find that he be guilty cum some averiis  not show what be uncertain and void but if it have be find for the defendant  it have be certain enough wherefore the judgement be erroneous say non  allocatur for be find that he be guilty cum some averiis except it be as  general as the count and be not material for what number or for what kind of  cattle but the verdict good enough assess damage for that trespass and damage  for the other trespass several wherefore judgement be affirm
case elwyn against Montford judgement obtain and no bail file be erroneous hob  cro James more error in the exchequer Chamber of a judgement in the queen  bench the error assign be because there be not any bail file for the defendant  and it be agree to he clear a error and the judgement therefore reverse
case emerton against selby prescription of common for cattle levant et  couchant upon a cottage be good for a cottage must have land belong to it S c  salk S c holt S c ld ray avowry be for common set forth a prescription of  common for cattle levant et couchant upon such a cottage per curian it be good  to a message or to a cottage for cattle levant or couchant but it be question  in the year whether it can be good of common without modern er p number and  the same have be of late in the common plea but nothing do in it a cottage  imply a court and backside for a cottage with less than four acre of land be  against the statute of Elizabeth c repeal by Geo c a modern holt chief justice  say that he have know levancy and couchancy try in a issue winch entry b  before hale and that hale say the father cattle in the backside will suffice  and judgement here for the avowant and per curian it will be hard to defeat it  in case it be prescribe to common without number see Patrick v low Brownl  Daniel v Hanslip lev Richard v squib ld ray Hockley v lamb ld ray school v  Hargreaves term Rep c
case emery against emery a award of a release of all action ut ankle advisarel  be void ante   hard side debt upon a obliation condition for the performance  of a award to be make award that the defendant shall release all action ut  ankle advisaret c a and adjudge to be a void arbitrament to refer it to the  act of another b and that the defendant be not bind to perform it
case Emmerson executor of fisher against ANNSN Triniky term car roll trespass  hale p c Inst S C keb S C vent stram see Bac Abr hawk p c and black Com for a  explanation of the principle upon which this distinction be find hale chief  justice if a man cut and carry away corn at the same time it be trespass only  and notfelony because it be but one act but if he cut it and lie it by and  carry it away afterward it be felony a by Elizabeth c to cut or take away corn  grow be a misdemeanour a
case Englefield versus Englefield Eq can ab pl pl S c where a infant recover  by a decree of the court the court may with the approbation of the infant  relation allot the infant a maintenance though no provision in the trust for  that purpose and this be find on natural equity there have be a decree make  for a very liberal allowance for the maintenance of the infant out of a trust  estate and not accord to the trust upon a rehear it be endeavour to set aside  the decree per cur where a infant recover by decree of the court the court may  with the approbation of the infant relation allot he a maintenance though no  provision in the trust for that purpose vide Barlow v grant ante Vol and this  find on natural equity and though in this case the decree go beyond the rule  of regular equity yet a decree be make in it we will not reverse it though  possible we will not have make the decree
case English against pellitory tailor smith Michaelmas term pound Elizabeth  roll the replication de in an unjust manner nest not common with others  without tali causan to two several justification by different defendant in the  same action hold good Leon salk trespass for assault battery and wound two of  they plead that they be lessee of certain land and there be certain post upon  the land and the plaintiff will have take they away and they gentle take they  from he c the three plead that he come and find they contend for the post and  he part they calmly lie his hand upon the plaintiff the plaintiff reply de in  an unjust manner nest not common with others without tali cause and find for  he Harris move that this be no issue for the croak Elizabeth plaintiff ought  to have make several replication and without tali causan can he no issue to  all the court say though it he no good form of plead yet by reasonable  construction these word without tali cause be nomen cequivocum shall he refer  to every cause and so the plead shall he maintain and judgement be give for  the plaintiff a
case ENGURST against brown judgement in slander stay because the word be petit  parols ante t Rep action for these word thou be a suitor to a woman in  Southwark and do cozen her of her good and procure certain false witness to he  forge after verdict it be allege by Daniel in arrest of judgement that the  word be not actionable for the first word Thoudidst cozen c have be late  adjudge not actionable and for the last word there be less doubt for it appear  not what croak Elizabeth er p their testimony do concern nor that the forgery  of it be to any purpose for it may be of some small matter and the court  command judgement to he stay for Wray say they be petit parols to maintain a  action
case escourt against coal word in a action on the case for word lie two way  the last count be at any time etian which be but a recital and dubitatar  whether good
case ETNAX against TOTTAM part payment to a bind pendent billa without a  specialty be a have plea post   a salk debt upon a single obligation of thirty  pound the defendant plead payment of three pound pendent billa and demand  judgement of the bill but because he plead it without any specialty the  plaintiff have judgement
case EULEY against Sloley Trinity term James roll in trespass of battery and  false imprisonment the defendant can plead not guilty of the battery and a  justification of the false imprisonment SC roll ab SC hob ld raym term Rep  after judgement on demurrer against one of two defendant and a nolle  attendance against the other judgement shall be quod eat without die hob roll  ab keb stram dougl error of a judgement in trespass and false imprisonment in  the king bench the error assign be because intrespass of battery and false  imprisonment the defendant as to the battery plead not guilty and as to the  imprisonment justify whereupon it be demurrer and it be adjudge that the plea  be ill a wherefore the plaintiff pray his judgement thereupon and a nolle  attendance be enter for the residue and he have judgement accord and because  as to the nolle attendance judgement be not enter quod eat without die so as  there be not any discharge make for the defendant it be allege to be erroneous  but it be hold clear that where there be two defendant and the one plead not  guilty and the other plead another plea whereupon it be demurrer and judgement  for the plaintiff against he who demurrer and a nolle attendance for the other  there of necessity it ought to be without die otherwise it be ill but where it  be against one there the precedent be both way wherefore the judgement be  affirm
case EVELINS case a mandamus lie to the spiritual court to administer the oath  to a person elect churchwarden by parishioner in London post S C Jones  S C 2Roll ab a custom that the parson shall choose a churchwarden shall be try  in the temporal court Mod salk ld ray Bac ab term Rep a   croak car er p  evelin be elect by the parishioner of saint Thomas to be churchwarden there  with another the parson pretend that by the canon b he be to make election of  the other name croak car one hill to be churchwarden and procure doctor clark  official to swear the say hill and to refuse evelin whereupon the parishioner  surmise that they have a custom within the parish time whereof c to elect both  the churchwarden and that the canon can take away their custom pray a writ to  doctor clark to admit the churchwarden elect by they and to swear he and move  the churchwarden elect by the parson and a precedentwas show in the reign of  king James where such a writ be grant and it be say there be diverse other  like precedent and because the churchwarden in London be for the great part  corporation and owner of land devise to they the writ be grant and the court  be inform that the say hill elect churchwarden by the parson sue the say  evelin elect by the parish in the ecclesiastical court grant a prohibition to  the intent it may be try whether there be any such custom or no
case everard against green where there be no original the defect be aid by the  statute of Jeofails but not where there be a have original ante h contra post  Mod side keb sand yely trespass the writ suppose the trespass to he do at  Henisale and the declaration suppose the trespass to he at Bayskett in  Henisale and after verdict this variance be allege in arrest of judgement  snagg for the plaintiff Francis gawdy for the defendant the court hold that  for this variance judgement shall he stay and the difference be where there be  no original it be aid by the Eliz C for jeofails but where there be a original  and this vary from the declaration it be otherwise and a precedent in the  queen bench be show to he adjudge accord
case evered against hone construction of word in a devise special verdict in  ejectment wherein the case be thus videlicet a man have issue two son Thomas  his old and Richard his young son Thomas have issue John Richard have issue  mary the father devise land to his son Thomas for life and afterward to his  grandson John and heir male of his body and if be die without issue male then  to his granddaughter mary in tail and charge it with some payment in which  will there be this proviso videlicet provide if my son Richard shall have a  son by his now wife Margaret then all his land shall go to such first son and  his heir be pay as mary shall have do afterward a son be bear the question be  whether the estate limit to Thomas the old son be thereby d of eated and the  court be all clear of opinion that this proviso do only extend to the case of  mary be entitle and have no influence upon the first estate limit to the old  son
case evington against brimstone Trinity term Elizabeth roll a private nuisance  be not within the jurisdiction of the leet more roll Cr Com dig hawk p c sand  trespass of his hest take the defendant justify as a distress for a amercement  in a leet in Spalding because he leave his gate open ad nocumentum to dwell in  c et per totan curian this be not a nuisance enquirable for it be a private  injury and the amercement thereof ill and judgement be give for the plaintiff
case ewer against heydon ante in the exchequer Chamber a man have house and  land in two county and devise his house and land in a with all his other land  meadow and pasture in b the house in b do not pass ante roll ab and roll ab  more Bulst Bulst hob Noy Cowp dougl term Rep term Rep the case be now move  again and the error assign in point of law after argument Anderson walmesley  Glanville Savile and Kingsmil agree that the house in Waterford do not pass by  that devise for proper house will not pass by the name of the land for they  can be recover in a prcecipe by that name and when he name house in the first  part of the devise of the land in Lawton in the county of n and in the second  part of the devise devise only land and add thereto meadow and pasture that  expound what he intend by land videlicet arable land only and it shall not he  intend to pass meadow and pasture unless he have add they and the addition of  they exclude house and wood and therefore it be resemble to the case Elizabeth  dyer a man have land in a Vill and in two hamlet of the same will and devise  all his land in the will and in one of the hamlet the land in the other hamlet  passes not but if he have devise all his land in the will the land croak  Elizabeth in both hamlet have pass but name the one hamlet it shall he presume  that he intend not to pass any thing in the other hamlet wherefore the  judgement be affirm a but periam and clerk seem to doubt therein a vide S  C post a see Com dig in marge croak Elizabeth er p
case ewer vers jones see SC ld raym er with note quaere if the statute of  James c of limitation extend to suit in the admiralty court for seaman wage if  it do a plea that it appear by the libel that the cause do not accrue within  six year be have the defendant shall state immediate that the cause in action  do not accrue within six year vide stat a c S Mod SC ld raym SC salk SC ld  raym salk a prohibition be move for to the admiralty court in a suit there for  mariner wage and the defendant plead that it appear by the libel that the  contract upon which the libel be find be above six year before and therefore  by the statute of limitation the plaintiff be bar this plea be there refuse  and now on the motion for a prohibition it be urge that a suit in the  admiralty for seaman wage be allow there only for the convenience of their  join in the suit but if the comens er p admiralty court will not admit a plea  of the statute of limitation which be a bar at commonlaw the defendant there  will be great prejudice and this court will grant a prohibition the court be  of opinion that although in a cause original suable in the admiralty that  court shall proceed accord to their own law yet when the admiralty court  refuse to allow a plea in bar or proof pleadable and Allowable at commonlaw  this court have a jurisdiction to prohibit they from proceed but in this case  the statute of limitation be not well plead for it ought to say that the cause  of action do not arise within six year and it do not appear to this court for  what cause the plea be disallow there and therefore a prohibition be not grant  it be afterward move again but a prohibition be still deny but it seem chief  because the defendant have appeal for a prohibition be grant in easter term  between hide and partridge holt ld raym salk salk Mod a in the same case ld  raym
case ex part Annesley April Lord chancellor there be no privilege of peerage  in Ireland in the case of waste qure there as to England
case ex part ban August the that a bind creditor to who the partner be joint  and several bind may make his election to come against the joint or separate  estate but not against both except for the deficiency and after the other  creditor be pay a joint commission only take out against two partner the  petitioner a bind creditor to who the bankrupt be joint and several bind he  may make his election to come upon the joint or separate estate if upon the  former he can come upon the latter and so v ice line for the surplus of the  debt till the creditor of the separate estate be first serve Lord chancellor  find his order upon this reason because the bind creditor may have bring a  separate action at law against each of they and may have have likewise  separate execution but can not have levy his debt upon both the estate at the  same time but only for the deficiency where one estate be not sufficient to  satisfy the whole see ex part bind and hill ante S
case ex part belton August the saint see the precede case where a bankrupt be  under a agreement to pay a annuity a value must be put upon it and prove as a  debt under the commission a bankrupt before the time of his bankruptcy enter  into a agreement to pay a annuity of pound a year for the maintenance of a  infant till his age of fourteen with a penalty on nonpayment by his fail in  one of the payment the penalty become forfeit atkins er p the guardian of the  infant who have maintain he apply to the court by petition to have a value set  on this annuity and that the infant may be admit a creditor for such value  atkins Lord chancellor I be of opinion that a value ought to be put upon the  annuity that it shall be prove as a debt under the commission
case ex part billinghurst in the matter of billinghurst a lunatic Aug  committee of the person and estate of lunatic with restriction not to receive  any part of the estate receiver appoint of the estate see annesley case ante  ex part Radcliffe I W the Orderbook of the year be miss on petition by the  brother to be committee of the person and that a receiver may be appoint of  the estate the heir at law who with the brother be the only next of kin  decline to be committee of the estate from his circumstance and not be able to  give the security require ambler er p Lord chancellor after declare it to be a  unusual thing and after some deliberation appoint the petitioner committee of  the person and estate with a restriction not to receive any sum of money part  of the lunatic estate and refer it to the master to appoint a receiver who be  to account and pay the balance to the accountantgeneral after pay what shall  be allow to the petitioner for maintenance of the lunatic
case ex part BIRCHELL November a guardian may be appoint though no cause be  depend Mellish v de Costa atk a application on the behalf of Sarah and mary  Birchell infant that a guardian may be appoint Sarah be and mary year of age  and at the same time Mr croucher apply for leave to marry Sarah the relation  assent Lord chancellor the first part of the petition be necessary as one of  the infant be so young but there be no sort of occasion for the latter and go  upon a mistake and misapprehension of the marriage bill atkins er p if person  will attend to the rubric which be now of year stand they have a very easy  method to pursue by publish the banns in the church and if there be no lawfi  impediment nothing can prevent the marriage when I consider the rubric and the  act of uniformity which take in the very text of the rubric I be astonish how  licence ever get foot in this kingdom and for my own part can wish that all  marriage be by publication of banns only atkins I have late have a young  gentleman and lady out of Gloucestershire who fortune be only pound to  petition I for leave to marry which be put themselves to a very needless  charge and therefore I mention this to prevent for the future the trouble and  expense to party in such application the uncle Mr Robert Birchell appear in  court who be likewise the only act executor under the will of the father in  which all his personal estate be divide in equal share between the two  daughter and his wife agree to accept of the guardianship at the desire of the  infant his niece he be appoint accord though no cause be depend and Lord  chancellor say after the order be draw up and he be proper guardian it will be  in his discretion to approve or not of the match propose but will give no  direction himself on this part of the petition
case ex part bland Mr Bland instead of attend commissioner petition that he  may be examine upon interrogatory and have a copy thereof and a month time to  prepare himself and that the commissioner may be restrain from ask he  particular question in his business of a banker Lord chancellor will not  restrain commissioner in their examination as it will be attend with expense  and inconvenience from application of this kind the bare exchange of note with  a bankrupt or give money for bank note can affect he as a trader with that  bankrupt the petitioner be a banker in lombardstreet and have be summon under  the commission of bankrupt against Lingood in order to be examine touch his  trade and deal with the bankrupt Mr Bland instead of attend the commissioner  petition Lord chancellor that he may be examine upon interrogatory and may  have a copy of the interrogatory and a month time to pre be himself for this  examination and that the commissioner may be restrain from ask he question  touch note give for money or bank note or goldsmith note or money pay by he  for bank bill or cash note of the petitioner or other banker Lord chancellor  dismiss the petition upon the open of the petitioner counsel without hear the  assignee counsel and say he will not limit or restrain commissioner in their  examination for if he do it will be attend with expense and inconvenience from  application of this kind the bare exchange of note with a bankrupt or give  money for bank note can affect he as a trader with that bankrupt and  consequent Mr Bland can be hurt by such a discovery nor will he presume that  the commissioner will ask such trifle and immaterial question and therefore  will not direct the examination to be upon interrogatory atkins er p
case ex part BOTTERILL June the that where a bankrupt be in execution for one  debt and the judgement creditor have another against he of a distinct nature  he may prove this under the commission notwithstanding he refuse to waive his  execution upon the other the bankrupt borrow pound upon bind of the petitioner  a near relation the petitioner have arrest he on this bind and charge he with  execution and have another demand for a year rend the petitioner will not  waive his execution upon the bind debt and yet offer to prove the debt for  rend under the commission but the commissioner refuse to admit he unless he  will waive his execution upon this he petition to be admit a creditor for the  rend Lord chancellor I think it a hard case upon the bankrupt but as the debt  be entire distinct I think h e shall be allow to prove notwithstanding he  refuse to waive his execution ex part matthews post vol ex part Crinsoz bro  cham Rep but upon look into the petitioner affidavit and find it defective as  he do not swear to the time when the bankrupt commence tenant he dismiss the  petition and say at the same time that he be satisfy this debt be a  afterthought and trump up mere to persecute the bankrupt by keep he in gaol  and therefore recommend it to the petitioner attorney to make it up and  release the bankrupt from his confinement
case ex part BUMPTON at the chancellor house Lord chancellor the lunatic be  recover and examine in court the commission be supersede and the recognizance  of the committee order to be vacate the lunatic declare they have give he a  fair account post Cas Mr Bumptons two sister be appoint committee of his  person and estate and they now join with he in a petition that the commission  may be supersede the inquisition quash and the bind vacate the lunatic be  recover of his indisposition and he appear in court and be examine by the Lord  chancellor but his lordship doubt whether he can vacate the recognizance of  the committee because it do not appear judicial to the court that they have  perform the condition and ask the opinion of the attorneygeneral who think it  may be do and that it sufficient appear the condition be perform because Mr  Bumpton who be the only person interest be in court and have declare himself  well satisfy that his sister have do their duty and give he a fair account and  a order be make accord to the prayer of the petition mosely report er p  Saturday December petition in commission OF bankrupt
case ex part Calcot and other November the d SC post vol the representative of  a bankrupt who have in his lifetime divide S in the pound be as stand in his  place entitle to the allowance the petitioner be a administrator of one  Tirrell a bankrupt his application to the court for the bankrupt allowance  under the act of parliament he have make a neat dividend of S in the pound  atkins er p Lord chancellor order the assignee out of the effect in his hand  shall pay the allowance to the petitioner at the rate of pound per cent upon  the money get in from the bankrupt estate not exceed the sum of pound ex part  trap ante
case ex part carrington January d the daughter of a freeman of London if she  trade separate from her husband may be a bankrupt a commission of bankruptcy  have be take out against Dorothy Jones as a widow her lie in gaol from the t  of November on a arrest to the that of January be two month be the act of  bankruptcy on which she be declare a bankrupt the petition be prefer in order  to supersede the commission upon a suggestion of her be a marry woman at the  time the commission issue and the wife of the petitioner Lord chancellor I be  of opinion the take out a commission against her as a widow be but a misnomer  at most but if the petitioner think this a sufficient ground leave he at  liberty to bring his action as Dorothy be admit to be the daughter of a  freeman of London and appear plain to be a separate trader by the custom of  London she be clear liable to bankruptcy notwithstanding her coverture so  lavie v Philips burr black Rep S c Com dig the petition dismiss
case ex part CATCOT November S c ante vol the administrator of a bankrupt  entitle to the bankrupt allowance where he have divide I os in the pound the  petitioner who be administrator of Terrel a bankrupt apply to the court for  the bankrupt allowance he have make a neat dividend of S in the pound Lord  chancellor order that the assignee out of effect in his hand shall pay the  allowance to the petitioner at the rate of pound per cent on the money get in  not exceed the sum of pound
case ex part DESCHARMES march the saint if the landlord of a bankrupt suffer  his assignee to sell off his good he be not entitle to his whole rend but must  come in pro rata with other creditor under the commission the petitioner be  the landlord of the bankrupt and now prefer his petition to Lord chancellor to  be pay by the assignee under the commission the rend that be in arrear all the  time the commission be take out it appear in evidence that the whole estate  and effect of the bankrupt be possess by the assignee duly choose under the  commission and sell by they seven year ago by virtue of the assignment Mr  Murray the counsel for the petitioner insist that he be the landlord be  entitle to his whole rend and be not oblige to come in pro rata with the rest  of the creditor Lord chancellor the landlord demand be too stale and have lose  his remedy by distress as there be no good upon the premise he can now be  consider only as a common creditor and must come in pro rata
case ex part Edward June the mother appointment of a guardian to her son by  will be void the statute confine the power of appoint a testamentary guardian  to the father only the mother by her will appoint Mr Russell guardian to her  son the petitioner till his age of twentyone a application make now to the  court for maintenance and in case they shall not approve of the guardian  appoint by the mother that a new one may be assign Lord chancellor the statute  of Charles ch sect confine the power of appoint a testamentary guardian to the  father only and therefore the appointment by the mother of a guardian in this  case be absolute void and the infant be of his age of fourteen choose a  guardian in court with respect to the learning on guardianship vide hark    Litt b note and atkins er p
case ex part gibson at the chancellor house Lord chancellor Lord chancellor  order a supplicavit to be mark without affidavit only upon enquiry of the  husband circumstance from the solicitor for the wife Ant Cas Mr solicitor  general for the wife move for a supplicavit against the husband a mercer in  paternosterrow no affidavit be read only the wife solicitor tell the Lord  chancellor that the husband be in very good circumstance and his lordship  grant the writ and order it to be endorse with pound for each surety
case ex part Goodwin April the that executor of a bankrupt unless the  commission against his testator be supersede can take out one for a debt due  to the testator the executor of a bankrupt unless the commission against his  testator have be supersede can take out a commission of bankrupt for a debt  due to the testator for such debt vest in his assignee and consequent the  executor not entitle at law to be the petition creditor atkins where a  commission be supersede mere because there be a defect in form as to the  petition creditor but no manner of doubt as to the act of bankruptcy the cost  of the supersedeas shall be allow only otherwise if the act of bankruptcy have  be full prove
case ex part gulston in the matter of William gulston a bankrupt February the  d SC post a issue have be before direct to try the bankruptcy of g and find he  no bankrupt agreeable to the judge direction a commission of bankruptcy be  proceed at law in the first instance and if cost be give there it will follow  of course in the proceed before this court the issue direct by Lord chancellor  to try the bankruptcy of the petitioner be accord try before Lord chief  justice lee at guildhall who certify that the jury have find gulston no  bankrupt agreeable to the judge direction application be make on the part of  gulston to supersede the commission and that dale the petition creditor may  pay the cost in equity as well as at law Lord chancellor I be of opinion that  cost here in this case be a consequence of the verdict at law and that a  creditor be not wanton to take out a commission against a debtor unless it be  upon a plain and express act of bankruptcy especial when date have a more  natural remedy for he may have proceed against gulston in barbados for his  debt as the law be open there and this be quite a different case from a common  suit in equity by bill where it begin first in this court and be a single  proceed only but take out a commission of bankruptcy be a proceed at law in  the first instance and all that be do afterward be consequential and if cost  be give at law it will follow of course in the proceed before this court  atkins his lordship order that the commission be supersede and that a writ of  supersedeas do issue for that purpose the expense whereof to be pay by date  the creditor who sue out the commission and his lordship further order that it  be refer to master Montague to tax the petitioner William gulston his cost at  law and of the several application to this court in this matter which cost  when tax George dale the petition creditor be thereby direct to pay to the  petitioner William gulston
case ex part Gumbleton Michaelmas term Geo chancery will not grant a  supplicavit on the affirmation of a Quaker S c atk Hardwicke Lord chancellor  the present case be a motion on the behalf of a Quaker for a supplicavit of  the peace against her husband on a affirmation there have be a great variety  of case which have have relation to this I find two precedent in point direct  contrary to each other one be the case of Hilton v Byron a easter term will  report salk a the account I have of that case be one Hilton pray a attachment  propace against one Byron and offer to make a affirmation but this be a  criminal matter the court will not grant it without oath this be on article of  the peace exhibit in the court of king bench notwithstanding this case in the  case ex part greaves b on the that may Geo b a supplicavit issue out of this  court on a affirmation but I take it for grant it pass sub silence and I  believe it be first move in the court of king bench and that court do take  notice of it and refuse the motion the Lord chancellor refuse to give any  opinion without advice with the judge and deny the motion
case ex part halm at the chancellor house Lord chancellor eoden die sir John  hale prefer a petition support by affidavit pray that his grandson a infant of  tender year who be tenant in tail in remainder after his death of a very  considerable estate may be produce in court by his mother and that he may be  appoint his guardian and set forth that his father a little before his death  have embrace the Roman catholic and that the child be send to bulloign to be  educate in the same religion the mother be serve with this petition swear that  the child be send by his father to bulloign in his last illness by the hand of  Mr turner without her advice or persuasion Lord chancellor I can appoint a  guardian till the infant be produce and whatever crime they have commit by  carry he out of the kingdom to educate he in the Romish religion they be  punishable for it in the proper court and not in this court but I will order a  a human being replegiando against Mr turner who be swear to be the person who  carry he over Saturday December
case ex part holiday June the that the court can upon petition make the clerk  of the commission pay cost of suit for not attend to give evidence at a trial  by reason of which the bankrupt be acquit the remedy lie at law a petition  against Phelps the clerk in a commission of bankrupt for not attend a trial at  the assize upon a indictment against the bankrupt for concealment not  withstand he be serve with a subpoena for that purpose and pray that the whole  cost of the suit may be pay by Phelps as the petitioner apprehend that the  acquittal of the bankrupt be owe to the want of Phelps S evidence Lord  chancellor this be not a matter proper for I to determine in a summary way or  to interfere in a proceedina before a judge of oyer and terminer if the  petitioner have real sustain any damage in this trial for want of Mr Phelpss  evidence he may proceed against he by atkins way of indictment or information  and recover damage for this neglect of Mr Phelps and therefore as to this part  I shall dismiss the petition as I have no jurisdiction at all in a matter of  this kind
case ex part johnson and other January the d where part in in number and value  of the creditor have sign the certificate the court will not stay it on the  petition of person who demand on the bankrupt estate depend upon a account to  be take and where they do not swear to a balance in their favour see now stat  g chap sect a application to stay the bankrupt certificate on the petition of  Johnson and other four part in five in number and value of the creditor have  sign the certificate and the demand of the petitioner be not liquidate but  depend upon a long account to be take between the petitioner and the bankrupt  the bankrupt swear positive that the balance on take the account will be in  his favour and the petitioner do not venture to swear that there will be any  balance in their favour Lord chancellor I will not stay the bankrupt  certificate but will give the petitioner leave to inspect his book and in take  atkins the account before the commissioner of their several demand if they  shall hereafter appear to have a balance they shall have a liberty to come  upon the bankrupt estate for that balance see next case atkins er p
case ex part kirk October the that b a creditor under a commission for pound  draw on the assignee for that sum Payable to king or order out of b s share of  the dividend to be make assignee accept it by parole but before any dividend  become a bankrupt himself king entitle to the whole pound and not oblige to  come in pro rata only under the commission against the assignee a creditor  under a commission of bankruptcy against ovie be indebt to the petitioner in  pound draw a note on the assignee of the commission as follow pray pay to Kirk  or order the sum of pound out of my share of the dividend hereafter to be make  under the commission against ovie atkins er p the assignee accept it by parole  but before any dividend he become a bankrupt himself the creditor under his  commission insist that Kirk ought to come in pro rata only for that it be not  a legal acceptance atkins Lord chancellor though this be not a legal bill of  exchange at law yet it be good in equity the petitioner have pay a valuable  consideration for it and it be a lie upon the effect of ovie as soon as they  come to the assignee hand and be like the case of a bind assign by a person  before he become a bankrupt which be a good assignment in equity and the  assignee thereof be entitle to retain the bind against the creditor under the  commission his lordship direct the pound to be pay to the petitioner
case ex part lane October the d where assignee do not divide a bankrupt effect  in a proper time but be make a private advantage to themselves the court will  charge they with interest wood a alehousekeeper in Holborn become a bankrupt  in the year and a commission be take out against he at that time fitchet and  Kirk be duly choose assignee one the landlord and the other the brewer to the  alehouse in order to continue the trade they put one Wadelow into the house  and allow he to make use of the bankrupt good upon give a bind for pound the  value set upon they by the appraiser under the commission Wadelow be make a  responsible man till the year and then abscond Lord chancellor where the  effect of a bankrupt be so inconsiderable that no one creditor may think it  worth while to call upon assignee for a dividend yet if they neglect to make a  dividend in a proper time and be make a private advantage to themselves of the  bankrupt effect I shall always charge such assignee with interest Treves v  townsend cook b law bro Charles Rep S c his lordship order Kirk and the  executrix of fitchet to account in moieties for the value of the good accord  to the appraisement and to pay interest for they at the rate of per cent to be  compute from a twelvemonth after the execution of the assignment
case ex part Le count August the saint c in give pound for a annuity of pound  per and for her life Payable out of a person estate who become a bankrupt in  commissioner direct to settle the value of her life and to be admit a creditor  for such valuation and the arrear of her annuity and not for the whole pound  in the year the petitioner give three hundred pound for a annuity of pound per  and for her life Payable out of the estate of the person who be now a bankrupt  which he not be able to pay her by reason of the commission she petition to be  admit a creditor for the whole pound Lord chancellor order that it be refer to  the commissioner to settle the value of her life and that she be admit a  creditor for such valuation and the arrear of her annuity it be unreasonable  she shall have the whole pound when she have enjoy the annuity year ex part  Belton the next case ex part arm Ves Perkins v Kempland black Wyllie v Wilkes  Doug where a annuity be secure by covenant in a deed see Fletcher v Bathurst  vin pl Cotterel v hook Doug
case ex part LEAVERLAND march the that after two dividend the creditor release  the bankrupt of all further demand he petition to supersede the commission and  for liberty to collect in the debt still due to the estate the bankrupt admit  to stand in the place of the assignee to get in the remainder of the debt but  his lordship will not supersede the commission for his sake as it will entire  defeat his certificate the petitioner be a bankrupt in divide upon two  dividend six shilling in the pound have his certificate in and on pay the  creditor two shilling and sixpence more in the pound they by deed release he  of all further demand a petition by the bankrupt to supersede commission and  as there be other debt due to the estate not get in by the assignee he pray  that he may be empower to collect they in Lord chancellor say it be imprudent  pray by the petitioner for supersede the commission will entire defeat the  certificate and therefore vary his order from the prayer of the petition by  direct that he shall stand in the place of the assignee to get in the  remainder of the debt on give a proper indemnity to the assignee that they may  not be call to a account for such money so receive but will not supersede the  commission for the sake of the bankrupt
case ex part lewis at the chancellor house master of the roll the master of  the roll will not order a supplicavit to be mark with the sum the sheriff  shall take security in because there be no affidavit of the husband  circumstance as a measure for he to go by king a b post Cas on a ne exeat  kingdom the sum be endorse by the affidavit of the plaintiff king b a Mr mead  for the wife move for a supplicavit against the husband and pray the master of  the roll to order what sum the writ shall be endorse with for the sheriff to  take in security and say that it be the constant practice since the case of  Clavering where Lord Cowper order the writ to be endorse for two thousand  pound but the master of the roll grant the supplicavit without a endorsement  and say he have never know it order in that court or at least not without a  affidavit of the mosely report er p circumstance of the husband to guide the  court as there be in the case of Clavering that it be usual indeed on a ne  exeat kingdom to endorse the sum but there the oath of the party be the  measure of the security
case ex part Lindsey the bankrupt October the that see the precede case  notwithstanding creditor under a commission of bankrupt elect to proceed at  law he may still assent or dissent to the certificate a petition to be  discharge from a commitment at the suit of one Henkle who have prove a debt  under the commission Lord chancellor the creditor must either waive his proof  under the commission or make his election to proceed under it but  notwithstanding he elect to proceed at law he may still assent or dissent to  the certificate it not be clear whether the debt under the commission be the  same for which the action be bring his lordship adjourn the petition for want  of the proceed under the commission which be mislay
case ex part line a lunatic novemb a custody of a lunatic estate grant to  baron and feme the feme be next of kin determine on her death the custody of  the lunatic estate be grant to husband and wife the wife be next of kin to the  lunatic the wife die and the Lord chancellor hold that the husband right to  the custody of the lunatic estate be determine it be a joint grant and a mere  authority without any interest and say it have be so determine in the Lord  king time
case ex part little April this court can do anything after the return of the  writ of excommunicate to take in hand be out for the king bench lave the  cognizance for they can compel the sheriff to return it and the application to  quash it must be there a petition to supersede the writ of excommunicate to  take in hand after the return day be out Mr York for the petitioner cite p wms  the king versus Burrard where the court incline to think that after the writ  have be issue out of this court and be bring into the court of king bench and  there deliver to the sheriff but not yet actual return into the king bench  this court on a plain error appear may supersede or quash it vide Barlow v  Collins p W in note Mr Wilbraham of the other side cite the king versus foul  salk where it be hold by the court of king bench that a person in custody by a  writ of excommunicate to take in hand can go into chancery for a supersedeas  because the writ be returnable in the king bench and they may quash the writ  or award a supersedeas as they be judge of the cause and have it before they  he likewise cite the queen versus the bishop of saint David salk where the  same rule be down atkins Lord chancellor after the return of the writ of  excommunicate to take in hand be out this court can on a petition to quash the  writ do any thing in it as they have no authority for the court of king bench  have the cognizance of it and they can compel the sheriff to return it and you  must apply there to quash it if the writ have issue in the vacation and have  not be yet returnable for it must be return on one of the return day in the  term this court will have give relief and discharge the person out of custody  the petition be dismiss atkins er p
case ex part ludlow August in lunatic petition a committee of a lunatic real  estate may cut down timber for repair vide Sergison v Sealey post ex part  Bromfield bro Charles Rep the committee of the lunatic estate who be entitle  to it themselves after his death do upon repair be want in the real estate for  barn c choose rather to lie out pound in buy timber than take it off the  estate notwithstanding there be timber upon it proper for this purpose Lord  chancellor I be of opinion that committee of the real estate of a lunatic may  exercise the same power over it in regard to cut timber for repair as any  discreet person who be the absolute owner of atkins it may do and therefore  the committee of this estate must make good this sum of pound to the personal  estate for they appear to I to have do this mere with regard to their own  interest as the reversion of the real estate belong to they atkins er p
case ex part MACKERNESS on petition at Lord chancellor a single creditor to  who pound be due from a by two note and pound part thereof not yet Payable  before the that of Geo sue out a commission of bankruptcy such commission set  aside as irregular l J S a weaver sell to Mackerness a mercer some silk for  pound and at he same time take two note from Mackerness for payment thereof  sure one note for pound Payable at a day since pass and another note for pound  at a day yet to come and before the last day of payment incur I S take out a  commission of bankruptcy against Mackerness who be real a bankrupt but  petition to set this commission aside as irregular take out it be take out at  the single petition of J S to who only pound and not pound be then due vide  post ex part James and the statute annae cap require that if a single creditor  sue out a commission a debt of pound must be due to he if two creditor sue it  out there must be pound due to they if three or more the must be pound or more  due to they whereupon Lord chancellor supersede the commission say that in a  late case the Lord c I Parker be of the peer William same opinion and that  Lord Trevor discourse with the Lord c I Parker and himself in the house of  lord seem to concur in such opinion likewise but the court deny to assign the  bind the commission not appear to be take out malicious or fraudulent which be  the word of the act see the statute of Geo cap whereby such creditor by note  or bind Payable at a future day be admit to prove their note c and be entitle  to a proportionable part of the bankrupt estate though they must not join in  sue for the commission till such their debt become Payable however by the that  of his present majesty person have bill bind or note Payable at a future day  may join in petition for commission see saint Geo c S
case ex part nut August the that a executor sell off the stock of his testator  though it consist of wine and he buy some other to mix with and fine they will  not make he a bankrupt otherwise if he buy wine entire and sell they entire to  his customer where a person against who a commission be take out have  surrender himself and acquiesce a year and half since the take out thereof the  court will not direct a issue to try the bankruptcy but leave he to a action  at law Lord chancellor if a person that be a trader make another a executor  who only dispose of the stock of his testator it will not make the executor a  trader and liable to a commission of bankruptcy and even if a executor as in  the present case be the representative of a winecooper and find it necessary  to buy wine to refine the stock leave by the testator it will not make he a  trader but here it be swear the executrix buy wine herself and sell they to  the customer entire so that it be not true that she only buy wine to mix and  improve the testator I be of opinion likewise the act of bankruptcy be plain  but if it have be doubIful will not have direct a issue where there have be  such a length of time as a year and a half since the take out of the  commission and where the petitioner have acquiesce the whole time surrender  herself as a bankrupt to the commissioner have be examine before they and upon  her own examination strong circumstance of bankruptcy have appear but if she  be real no bankrupt she be not leave without remedy for she may bring a action  of trover against the assignee
case ex part Phelps a lunatic a this case from Mr purcas a LincolnsInnHall  seal after Trinity term Geo if the trustee of a lunatic renew a lease for his  own benefit it be a breach of the trust the lunatic father devise to he a  estate in feesimple and a leasehold estate and appoint a trustee for the care  of the lunatic who renew the lease for the benefit of himself and not of the  lunatic and he be afterward appoint committee of his estate by the court  Hardwicke Lord chancellor declare that if these fact be so which he refer to  the master to inquire this be such a breach of trust though before he be  appoint committee that he ought to be discharge and another appoint
case ex part Puleston Lord chancellor king Eq can ab pl one sue out a  commission of bankruptcy and for six month keep it without do anything upon it  the court for this reason only supersede the commission though it be execute  and the trader find a bankrupt before any application to supersede it a take  out a commission of bankruptcy against b and keep it for six month without do  anything upon it and then execute it and b thereupon be find a bankrupt on a  petition to supersede this commission it be say by a in excuse for his have  keep the commission so long by he without execute it that he be not certain at  first his proof be sufficient to find b a bankrupt but it appear afterward  there be good ground for a commission and that b be accord find a bankrupt  peer William Lord chancellor it be very ill do in a to keep the commission so  long in his pocket and unless or until he have sufficient proof of the  bankruptcy he ought not to have take out the commission which by have be keep  so long in his pocket may have be the mean of draw in multitude of people to  give credit to the bankrupt and of furnish he with opportunity of defraud many  wherefore for example sake let the commission be supersede and it be say that  this will only bring a fresh expense upon the bankrupt estate the charge of  another commission his lordship reply he will take care that the former  commission shall not be at the charge of the bankrupt estate by Lord  Loughboroughs order June cook b l rise a town commission be supersedable for  want of prosecution at the end of day and a country commission at the end of  day from the date thereof see ex part Ellis Ves ex part freeman rise V b ex  part smith rise ex part Fletcher rise ex part Henderson rise coop ex part  mavor Ves ex part knight rise the bankrupt himself must apply by petition but  any other person may supersede the commission by application at the bankrupt  office ex part gale g I
case ex part RICARDS June a father by will appoint his wife guardian of his  old son till a petition on the infant behalf to confirm her guardian and to be  justify in what she shall expend for his maintenance No instance where there  be a testamentary guardian of the court be confirm it in this summary way or  send it to a master to ascertain the allowance for infant maintenance a bill  be necessary for this purpose the father of the petitioner by his will appoint  his wife guardian of the petitioner his old son and likewise of his second son  till their age of twentyone and allow a maintenance for the second during his  infancy but none for the old a petition be prefer on behalf of the old son and  infant of eight year of age to confirm his mother guardian and that she may be  justify in what she shall expend in his maintenance and pray it may be refer  to a master to atkins consider of a proper allowance for the infant  maintenance and education Lord chancellor sir Joseph Jekyll be the first judge  who go so far in this summary way to direct a allowance for maintenance before  his time the court will do no more than appoint a guardian in socage till the  infant have attain his age of but I know of no instance where there be a  testamentary guardian that the court have in this summary way confirm the  guardianship or send it to a master to ascertain what shall be allow to the  guardian for the infant maintenance and think a bill necessary for this  purpose but see p W hark   Litt b n Mellish v de Costa atk ex part Whitifield  ibidem but at the attorneygeneral request as the application appear to be a  very reasonable one his lordship order the petition to stand over till the  next day of petition and in the mean time to search for precedent
case ex part ruddock at the chancellor house Lord chancellor a affidavit of  the bankrupt swear before a master extraordinary in cork be allow to be read  court of law will allow a affidavit swear before a consul to be read the Lord  chancellor allow a affidavit of the bankrupt swear before a master  extraordinary in cork to be read and declare he have know a affidavit swear  before one of our consul abroad allow to be read by the court of law mosely  report Monday December petition in commission OF bankrupt
case ex part sandby January the d see web v England Beav a apprentice where  his master become a bankrupt shall come in as a creditor only upon the remain  sum after deduct for the time he live with the bankrupt the petitioner on the  that of January be put apprentice to ware a bookseller at York and the sum of  eighty pound be give with the petitioner as a apprentice atkins for seven year  in jul follow a commission of bankrupt be take out against ware and be declare  a bankrupt assignee be choose who sell off the bankrupt effect and he be now  the supervisor of the press to the purchaser and become incapable of perform  his part of the contract nor be the petitioner able to raise any money to put  he out apprentice to another master and the commission be a recent one  probable no dividend may be make in a year or year and half so that all this  time will be lose to the petitioner upon these circumstance the petitioner  pray that on deduct pound out of the pound for his board with the bankrupt  during the six month he live with he that the assignee may be order to pay he  the sum of pound out of the effect of the bankrupt already come to their hand  and not oblige he to prove it as a debt under the commission Lord chancellor  be doubIful at first and seem incline to grant the petition but upon order the  secretary of bankrupt to search for precedent and two be produce in Lord  chancellor king time and two in Lord chancellor Talbot where they direct a  apprentice shall come in as a creditor only after deduct for the time he live  with the bankrupt upon the remain sum his lordship be please to make the same  order and that the petitioner shall be admit a creditor for pound only Barwell  v ware post so if a father receive the money and earn of a child such child  may be admit as a creditor under a commission against he ex part macklin Ves
case ex part shank and other August the that a person who repair a ship have  no specific lie if deliver to the bankrupt if repair in a foreign port while  out upon a voyage it will have be otherwise a person who have repair a ship  belong to a bankrupt insist he have a specific lie on the ship for the repair  and be not oblige to prove it as a debt under the commission it appear after  the ship have be so repair the workman deliver it to the bankrupt who employ  he and therefore Lord chancellor be of opinion he have no pretence under the  general law of the realm to retain till he be pay because it be out of his  possession and though the law of holland give a person who repair a house or  ship a specific lie there be no such law in England and consequent he must  account to the assignee for pound the money arise from the sale of this ship  which be admit to be in his hand and must come under the atkins commission for  the debt due to he for repair and order accord see Justin v ballan salk Lister  v Baxter stram watkinson v Barnardiston p wms Buxton v she ves Wilkins v  Carmichael Doug rich v go Cowp farmer v Davies durn and east if the ship have  be repair in a foreign port while out upon a voyage it will have be otherwise  but be repair at home it fall exact within the case of Stevens v sole before  Lord Talbot Videathis ease state in the cause of rial and roll Jan ante Lister  v Bader stram watkinson v Barnardiston p W Samsun v Bragington ves
case ex part sir richard Grosvenor Lord chancellor king supplicavit one take  on a supplicavit and continue in prison a year without any fresh threaten  ought to be discharge notice of motion give by one not allow to act as a  solicitor not good sir Richard Grosvenor upon fill article in chancery obtain  a supplicavit against mrs who be take upon the writ be carry to Newgate where  she have continue near thirteen month and now it be move that she may be  discharge insist that it be the course of the king bench if a supplicavit be  peer William er p grant against any one and the party take upon it continue in  prison for a year and a day without any fresh threaten or misbehaviour have be  offer by or on behalf of the party against who the supplicavit be grant that  he ought to be discharge and that it be so in the case of commitment for any  breach of the peace Lord chancellor nothing can be more oppressive than a  indefinite imprisonment and it seem a reasonable practice in the king bench if  nothing have be offer either by threaten or other misbehaviour within a year  and a peer William day after the take up of the party by he or on his behalf  that he ought to be discharge accord the court be incline to have grant the  motion in the principal case but the notice of motion be give by a b the  solicitor for the woman that be commit and he not be a solicitor admit in  chancery the court will not look upon this as notice and the party undertake  to give another notice against the first day of the term the motion be put off  till then at which time the say mrs move it again and it be order that she  shall be discharge upon enter into a recognizance before a master in pound  with two surety in pound each to keep the peace and the master be direct to be  easy and not strict as to the ability of the surety the court have regard to  her long imprisonment vide Baynum v Baynum Amb ex part king Amb and see  clavering case ante vol
case ex part Strangeways April a husband bring a bill against a wife be admit  her to be a feme sole and she must put in her answer as such a bill be bring  by Mr Strangeways against his wife she appear in court and desire that a  guardian may be assign to put in a answer for her Lord chancellor I be of  opinion that t husband bring a bill against her be admit her to be a feme sole  and she must put in a answer as such and that he never know a instance of  appoint a guardian in this case vide ex part Halsam atk Mitf plead
case ex part SYDEBOTHAM August the that a commission supersede because it  issue against a infant April last a commission of bankruptcy issue against the  petitioner and he be declare a bankrupt but at the time of the issue of the  commission and of preferrinR this petition he be a infant under the age of  year and therefore insist by be counsel that he be not to be deem a bankrupt  within the true meaning of the statute in force against bankrupt and that for  this reason the commission ought to be supersede and that a writ of  supersedeas shall be direct for that purpose at the expense of Alice  Williamson the creditor on who petition the commission issue Lord chancellor  the petition must be allow for notwithstanding Lord Macclesfield hold in the  case of one Whitlock that a infant may be a bankrupt yet it have be determine  otherwise since his lordship order that the commission be supersede and that a  writ of supersedeas shall issue for that purpose king v coal ld raym Mod bull  n p ex part Meymot post
case ex part thomas November the that a note give before a act of bankruptcy  though endorse after be a debt upon which the endorsee may take out a  commission of bankruptcy against the drawer the bankrupt petition to supersede  the commission against he because the petition creditor debt arise only from a  note that have be endorse to he after the petitioner have commit a act of  bankruptcy but as it appear that the note itself be give before any act of  bankruptcy though endorse after Lord chancellor think it a debt upon which the  petition creditor may take out the commission anon will Bingley v Maddison  cook b law see ex part lee p W
case ex part thomas November the that SC ante a note give before a act of  bankruptcy though endorse after be a debt upon which the endorsee may take out  a commission of bankruptcy against the drawer the bankrupt petition to  supersede the commission against himself because the petition creditor debt  arise only from a note that have be endorse to he after the petitioner have  commit a act of bankruptcy but as it appear that the note itself be give  before any act of bankruptcy though endorse after Lord chancellor think it a  debt upon which the petition creditor may take out the commission anon will  Bingley v Maddison cook b law
case ex part thompson June the that a give a note Payable to b two month from  the date for pound b endorses it over to c but allow a discount of per cent he  prove it under a commission against a for the whole sum but commissioner find  out this fact afterward stop his dividend a give a note of his hand Payable to  b two month from the date for pound who give no consideration b endorses it  over to the petitioner but allow a discount of a guine and a half be at the  rate of pound per cent when the note become due the petitioner take a joint  bind from the drawer and endorsor for the pound though he pay only pound S d  the commissioner have admit he as a creditor under a commission against the  drawer but find out this fact afterward they order his dividend to be stop he  now petition Lord chancellor to be admit to his share of the dividend atkins  Lord chancellor will not direct he to be admit to the dividend but order a  issue to try whether the bind be usurious before Lord chief justice will see  ex part skip Ves low v Waller dougl
case ex part trap December the that a bankrupt allowance under the act of  parliament be a vest interest and if he die will go to his representative the  petitioner be the representative of a bankrupt who estate have pay a neat S in  the pound to his creditor under the commission and thereby become entitle to a  allowance of pound per cent provide the per cent do not amount in the whole to  above the sum of two hundred pound the commissioner direct the assignee to pay  the bankrupt the sum of pound be within the sum his estate amount to pound but  before the assignee have pay it the bankrupt die which be the reason they do  not think fit to pay it to the representative of the bankrupt without the  sanction of the court Lord chancellor of opinion it vest in the bankrupt and  the petitioner consequent as his representative entitle to the pound ex part  Calcot post post vol S c
case ex part turner August the that Lord chancellor in this petition lie it  down for a rule that where there be a joint and separate commission a creditor  under the joint commission may come under the separate and assent or dissent  to the certificate of the bankrupt under the separate commission see ex part  Sanden ante it be now hold that a joint and separate commission can legal  exist against the same person cook b law see in the matter of Simpson post
case ex part VOGUEL and other march the that a separate commission take out  against person former partner the joint creditor upon a application to the  court be leave at liberty to bring their bill for any demand on account of the  partnership against the assignee of the separate estate who be direct to sell  the whole effect and deposit the money in the bank but to make no dividend  till the suit be determine the joint creditor to prove their debt under the  commission in the mean time without prejudice a separate commission have be  take out against person who be former partner the petitioner be joint creditor  pray by their petition that the joint effect seize under the separate  commission may be divide in the first place among the joint creditor the  attorney general counsel for the petitioner insist they must have some way of  secure the joint effect that they may not be imbeziled by the creditor under  the separate commission Lord chancellor I leave the petitioner at their  liberty to bring a bill for relief for any demand in their petition or any  other demand atkins on account of the partnership against the assignee of the  separate estate before the last day of next easter term and I direct the  assignee under the separate commission to proceed to a sale of the whole  effect seize under the commission and to deposit the money arise from the same  in the bank in the name of the assignee but to make no dividend till the suit  be determine and in the mean time let the joint creditor be at liberty to come  in under the separate commission and prove their debt without prejudice vide  ex part Martin bro Charles Rep ex part Tate cook b law ex part Hayward ibidem  ex part Burnaby ibidem
case ex part vuhitchurch and other June the that ante where a solicitor carry  on suit for a assignee without the authority of the majority in value of the  creditor the estate of the bankrupt be not liable to his bill foe such suit  his lordship by a former order in petition of bankrupt refer it to a master to  tax Mr Skurrays bill as solicitor in suit carry on in this court by the  assignee of Hallidays bankruptcy the master tax he bill accord and report so  much due to he on account of these suit some of the creditor of holiday in  behalf of themselves and the rest of the creditor take exception to this  report because the assignee engage in these suit of their own accord without a  previous meeting of the creditor to empower they to commence suit in equity  pursuant to the direction in a clause in the Geo entitle a act to prevent the  commit of fraud by bankrupt provide always that no suit in equity shall be  commence by a assignee or assignee without the consent of the major part in  value of the creditor of such bankrupt who shall be present at a meeting of  the creditor pursuant to notice to be give in the London gazette for that  purpose Lord chancellor the exception must be allow and as he be employ by the  assignee Mr Skurray have a personal remedy against he but since he act without  the authority of the majority in value of t e creditor at a previous meeting  for that purpose the estate of the bankrupt be not liable to this demand
case ex part vuhitchurch August the that post creditor can give a general  power to assignee to prosecute suit or submit matter to arbitration at their  own discretion but there must be a meeting of creditor upon a notice give in  the London gazette to consider of each particular suit or case for arbitration  commissioner may order a dividend to be advertise if they think it proper for  assignee to make one where only four creditor be present at a meeting to  consider whether they shall carry on a suit against a debtor to the bankrupt  estate they give the assignee a general power by a write sign for that purpose  to prosecute such suit as they in their discretion shall think fit Lord  chancellor there be no colour to say that creditor under a commission of  bankrupt can give such a general authority by virtue of the clause under the  act of parliament of the that of George the second but assignee must have a  meeting of creditor upon notice give for that purpose in the London gazette to  consider of each particular suit or each particular case for arbitration  before they can proceed in they and therefore I declare that the power here  give by the creditor to the assignee be not such a one as be warrant by act of  parliament and do order that the assignee be restrain from bring any suit for  the future till they have a proper authority from the majority of the creditor  at a meeting accord to the statute the assignee in this commission have refuse  to make a dividend his lordship order they shall attend the commissioner at a  sit appoint for that purpose and that if the commissioner think it proper for  the assignee to make a dividend that it shall be advertise accord
case ex part ware December the d a petition creditor determine his election by  take out the commission and can sue the bankrupt at law though for a debt  distinct from what he prove where person refuse to prove debt under a  commission the bare be assignee will not determine their election but they may  still sue the bankrupt at law a application to the Lord chancellor to  discharge the bankrupt now in the fleet at the suit of the petition creditor  and the assignee as they have determine their election by come under the  commission the petition creditor insist that the debt upon which he find his  petition for the commission be upon two note only from the bankrupt and that  he have sue he upon a three and distinct note of hand the assignee insist that  they have full liberty to sue the bankrupt at law notwithstanding they be  assignee under his commission and creditor before his bankruptcy because the  majority in value of the creditor have choose they as assignee notwithstanding  they have refuse to prove any debt under the commission Lord chancellor the  petition must be allow as against the petition creditor for he have determine  his election by take out the commission ex part Wilson ante ex part lews the  next case and the affidavit on sue out the commission be general nor do it  mention the particular by which a bankrupt become indebt but there be no  foundation to grant what the petition pray with regard to the assignee for  notwithstanding they be creditor of the bankrupt yet as they refuse to prove  their debt under the commission the bare be assignee by a appointment of the  majority in value of the creditor will not determine their election for they  can only be consider as creditor at large since they have not prove any debt  ex part capot post fix part Dorvilliers post ex part Lindsey ibidem ex part  Salkeld p W vide ex part Hopkinson Ves Jun
case ex part write April the saint a assignee can stop a person share in a  dividend on account of his own private debt owe to he from that person the  petitioner who have prove her debt under the commission petition against the  assignee to be pay her share of a dividend that have be make of the bankrupt  estate atkins one of the assignee insist that lie have a right to stop her  share of the dividend because she be indebt to he for a quantity of coal  deliver to a three person which the petitioner promise to pay atkins er p Lord  chancellor I will not allow a assignee who be a officer of this court and a  officer of the commission to stop a person share in the dividend on account of  his own private debt which be owe to he from that person he have his remedy at  law and ought not to blend his own private affair with the commission to which  he be only a trustee but see ex part Nockold cook b law
case exception ex part HALSAM July a wife who conscience be hurt by the answer  draw up by the husband will be allow to answer distinct from he if a wife can  in conscience consent to such a answer as be draw up by the husband she be not  oblige to submit to it but upon application to the court she may be consider  as a separate person and will be allow to answer distinct and independent from  the husband if a husband insist that his wife put in a answer contrary to what  she believe be the fact and by menace prevail upon her to do it this be a  abuse of the process of the court and he may be punish for the contempt atkins  er p
case expense versus allen refer to hood v prince sim Eq Abr pl pale yellow Rep  S c a new set of interrogatory allow to be settle before a master the former  be suppress as lead in this case interrogatory and the deposition of witness  take on they have be suppress for that the interrogatory be lead and then  publication pass and now the court be move that a new set of interrogatory may  be draw and settle by a master for the examination of this witness who  evidence be very material and yet must be whole lose if the court will not  indulge they this way and though the practice have be always against it and it  be insist to be of dangerous consequence yet one precedent be produce to this  purpose and the interrogatory which have be suppress be such as may have be  draw by many other counsel without any apprehension of their be lead the court  to let in the party to the benefit of this witness be testimony order  interrogatory to be put in and settle by a master for his examination over  again
case eyles versus carry doubt see Mallison v Middleton note to eyles v caryi  Eq can Abr maii Lord chancellor Eq can ab pl S c the case arise on a will  wherein be this clause videlicet I will all my debt shall be pay before any of  my legacy or gift hereinafter mention and then devise several pecuniary legacy  and after in the same will devise land to I S on condition to pay a certain  rend to I n and other land to I S on condition to pay pound per annum to I d  the question be whether these land be by the will subject to the payment of  the testator debt or only to the payment of the particular tent thereout  devise per cur the land be not subject to the payment of the testator debt the  general clause in the beginning of the will shall be intend only of the  personal estate and the pecuniary legacy thereout devise vide Newman v Johnson  ante and Clowdsley v Pelham ante and case there cite Vernon chancery case er p
case EYLET against lane and pers a recovery in the lord court against a tenant  in tail copyholder I a discontinuance and qucere if it be not a bar ante post  roll ab Com dig pale yellow ten Bac ab will trespass it be find by special  verdict that the land be demisable in fee or in tail by the custom and that  this land be denfised in jail by copy and that the copyholder suffer a  recovery in a writ of entry in the post with voucher over and that such  recovery be not use there before and whether this shall bind the estate tail  or no be the question and the court upon motion thereof conceive that it shall  he bare to warrant such recovery unless there he a special custom to maintain  it and it be hard to maintain it for a warranty can be annex to such a estate  queer but afterward it be adjudge that this recovery be against the tenant in  tail himself be at the least a discontinuance as it be of a recovery against  tenant in tail in possession at the commonlaw but whether it be a bar to the  entail or not they agree not in opinion but for the cause of the  discontinuance judgement be give for the defendant
case eyres against HARDRES how execution may be sue out on a judgement a  become facias be sue out and return within the year and continuances enter up  with a sheriff non to cause to go breve for several year at last a capias ad  to give satisfaction be take out without any to know facias to revive the  judgement the court the reason be against this practice but the authority be  all for it a see   light Inst Mod case keb and booth v booth side a there be  precedent for it in the entry b cliff Ent off short catalog b it have be the  constant custom of the court to enter continuances by sheriff non to cause to  go breve and it be the constant practice of the common plea the usage of a  court time out of mind be the law of that court therefore the execution be  well sue out modern report michaelmas term the five of George the first in the  king bench sir John Pratt Knt chief justice sir Littleton powys Knt sir Robert  Eyre Knt sir John fortescue aland Knt justice Nicholas Lechmere Esq attorney  general sir William Thompson Knt solicitor general
case eyton versus eyton July Eq can ab pl I pre Ch S c defendant suppress a  marriagesettlement whereby a remainder in tail be limit to plaintiff father  all prior estate be spend decree plaintiff to hold and enjoy the estate the  defendant have suppress a marriagesettlement by which a remainder in tail male  be limit to the plaintiff father and all the prior estate spend upon proof  make that the settlement come to the defendant hand and that he have confess  it in a answer to a former bill though he now deny it the master of the roll  decree the plaintiff shall hold and enjoy the estate and this decree be  confirm upon a appeal to the Lord keeper by the decree the defendant be also  to account for and pay to the plaintiff the rend and profit receive by he  during his possession together with cost Reg lib a foe so decree make upon a  deed suppress the king Lord Hunsdon v Arundel cite in Dalston v coatsworth p  wms Sanson v Rumsey post there also cite note the principal case be different  report in pre Ch by the statement there it appear there be a counterpart of  the settlement and that admit as evidence and this decree on appeal be affirm  in dom proc bro p c journ Ho lord vol p as to the evidence require in case  where instrument have be lose suppress or destroy vide Dalston v coatsworth p  wms Cowper v earl Cowper p wms coke v hellier Ves Whitfield Fausset ibidem  coal v Gibson ibidem Clavering v Clavering ves Bates v hear dick bowl v  Stewart Sch Lef
case FALDOWE against ridge if judgement for the defendant in the king bench be  reverse in the exchequer Chamber the king bench may award the plaintiff a writ  of enquiry and then give final judgement for the damage ante a say vide Geo c  and Geo c a ante and see Elizabeth c hawk p c croak James er p Yelv cro  Elizabeth cro car salk Carth sand vent show stram Mod ld ray burr dougl  trespass the defendant plead in bar the plaintiff reply and the demurrer be  upon the replication and adjudge for the defendant the plaintiff bring error  and that judgement be reverse and it be adjudge that the plaintiff recupere  and the record remand the plaintiff in the king bench have a writ to inquire  of damage which be return it be move that there can not be any judgement for  the plaintiff for it be out of the statute of Elizabeth c which appoint that  if judgement be reverse in the exchequerchamber or affirm the record shall be  remand to the king bench and execution do thereof accord to law but here be a  new judgement to be give which be not mention in the statute and they can give  any judgement contrary to their former so it be casus to let go but all the  court hold that it be not reason the party shall be without remedy which will  be if such manner of exposition shall be make and the law intend that  execution shall be make upon the record remand and that all shall be do which  appertain thereunto so that in this case a writ of inquiry of damage be to be  award which be return there be a second judgement to be that the plaintiff  shall recover the damage find and if judgement have be give in trespass in the  common plea for the defendant and reverse in the king bench such course shall  have be take as if the first judgement have be give against the defendant the  same reason be here and therefore there shall be the like course and judgement  and it be adjudge accord
case fall versus lutwidge February SC barn Charles though a administration be  not take out till after the fill of the bill yet if procure before a cause  come to a hear in equity it be sufficient otherwise at law because there the  defendant may crave oyer of the letter of administration it be charge by the  bill that the plaintiff be the representative of the late Mr fall and have  take out administration and by that mean entitle to a demand against the  defendant neither the title he set up object to nor the administration deny by  the defendant answer and therefore though the administration be not actual  take out tillsome time after the fill of the bill yet as the plaintiff have  procure it before the cause come to a hear in equity it be very sufficient  though not good at law because there the defendant may crave oyer of the  letter of administration but nothing be more frequent in this court than where  a plaintiff have a right to a distributory share and the administrator be not  make a party to the suit t order he to be bring before the master and the bill  be never dismiss in such a case for want of his be a party
case Falmouth against stride the death of either party before the assize be  not aid by car c in ejectment the case be this the assize begin on the Monday  and the defendant die the day before and yet a trial be have and a long  defence and a verdict for the plaintiff and now it be move that modern report  judgement shall be arrest it be object that this be matter of fact and not  assignable after verdict but that they ought to bring a writ of error holt  chief justice if he have die the day the assize begin though the cause have be  try after the trial have be good though he have die at one oclock in the  morning for there be no fraction of a day a Anonymous salk a accord to  Shelleys case b co b in which case my Lord Hobart say any man as a friend Curi  may inform the court of such a error c Yelv cro Elizabeth Mod but see plummer  v web ld ray notorious facts c Adjournatur
case FAMSHAW against morrison Hilary term whether roll a judgement in to know  facias against bail that the plaintiff do recover his damage sustain by  occasion of the delay of execution be erroneous for the court can award damage  but only cost of suit S c salk post judgement be give in the court of common  plea upon to know facias on a recognizance by bail that the original plaintiff  shall have execution upon the recognizance et quod recupere financial loss  svan which he have sustain occasion adjournment performance the exception take  upon a writ of error be that the court bad no power to award damage for delay  of execution but they shall give he they for cost of suit per curian damage  general include cost see Ashmore v Ripley cro James a which word cost proper  signify cost of suit and delay of execution be proper damage videlicet the be  so long out of his money which the court use former to assess by allow the  party the lawful interest so damage of delay of execution and cost of suit  upon the statute by will c h S in all suit upon any writ or writ of to know  facias the plaintiff obtain judgement or any award of execution after plea  plead or demurrer join therein shall likewise recover his cost of suit c b be  very different and to be assess by different measure and the statute give only  cost of suit against the bail c therefore per all men this be error
case fancy against lange Trinity term car roll in a attachment gppn a  prohibition the party shall recover damage and cost against the party for  proceed after the prohibition award Jones roll Jones levinz Mod vent Bac Abr  ld ray croak car er p attachment upon a prohibition the plaintiff declare that  the defendant sue he in court Christian after a prohibition deliver for tithe  which be discharge per manner kill the first issue be that he do not sue after  the prohibition deliver the second upon prescription and both find for the  plaintiff and damage and cost give by the jury Maynard now move that neither  damage nor cost ought to be assess but the party be only finable to the king  for the contempt of prosecute his suit c but upon a judgement in the common  plea upon advisement and search of ancient precedent where the suit be  continue in the spiritual court after a prohibition deliver a attachment issue  upon the prohibition and because thereby the party be damnified and put to his  suit of attachment which be find to be sue the party there recover damage and  cost the court therefore here unanimous agree that the party shall have his  damage and cost find by the jury and rule be give for judgement to be enter  accord unless cause c see will c
case fancy against long tithe shall not be pay for cattle rear for the  sustenance of the family nor for cattle rear for the pail or plough S C Jones  SC I roll ab win Inst more cro Elizabeth cro James hard Bac ab Com dig bunb  gilbert Rep in equity prohibition a question be move whether tithe shall be  pay for the depasture of sheep for one family only and not to be sell for the  prescription be that he pay the ten pound of wool of all sheep sell there and  depastured but Maynard move that notwithstanding the payment of the ten fleece  he shall pay for the pasturage of his sheep eat in his house but all the court  hold that tithe shall not be pay for any cattle eat in the family no more than  for cattle rear for pail or plough and the precedent be cite d Hilary term  James that so it be resolve croak car er p
case fane case advowson if a new presentation of a benefice be make before the  bishop have accept the resignation of the incumbent the presentation be void  quare hinder for the church of Cranefield in the county of Bedford it be hold  per curian upon the evidence and so deliver for law that where a person make a  lease for sixtyone year and the lady Elizabeth in the time of queen mary be  patroness for life and afterward queen have the inheritance of the advowson  descend to her present fane that he come in by the patroness who confirm can  after the death of the queen avoid this lease fane afterward on the that July  James make a resignation into the hand of a public notary the that July James  the king present he again afterward the that of July the notary certify this  resignation to the bishop who the same croak throw day admit institute and  induct fane again it be hold first that the king presentation before the  bishop accept the resignation be void for the church be full and the admission  and institution again be void second whereas afterward the king that September  James grant the manor with the advowson to queen whether that the presentation  do not pass because the church be void by the resignation at the time of the  grant croak James er p afterward the that of July James fane resign again and  the king present he who be disturb by the defendant the queen presentee  whereupon the quare hinder be bring
case fanshaw against harris a contract from the day of the date be exclusive  of the day of the date S c ld ray a policy of insurance be that the defendant  undertake to pay the plaintiff one hundred pound if sir Robert Howard live a  twelvemonth from the day of the date of the policy a be the three of December  and he die the three of December and holt chief justice direct the jury to  find for the plaintiff and he say if a man be bear on the three of December  and die the second of December twenty year after make a will on that day it  will be a good will
case fanshaw versus fanshaw eoden die in court Lord keeper Eq can ab pl S c  plea of privilege by some of the defendant not good if there be another  defendant not privilege Ro g I two of the defendant be the officer of the  exchequer plead the privilege of the exchequer plea overrule because there be  a three defendant who have no right of privilege with cost mark Reg lib a fol  Paul case dyer Rep so Molin v cook all vent Townshend v duppa Str say qure  whether the action may be sever vin ab pl Vernon chancery case er p
case far and east a indictment of forcible entry discharge for a misrecital of  the statute post Noy cro James stram ld ray hawk they be indict upon the Henry  c and three exception be take to the indictment first the entry be suppose to  he into a house and twenty acre of land the dawn disseizivit but say not ind  say non allocatdr for it shall he intend second there be not contra Pdcem  which gawdy hold material Wray contra for it be v I arms c et contra form to  cause to stand c which do imply so much three the statute be if a recovery in  assize or action of trespass by verdict or in any other manner c and these  word or in any other manner be omit so the statute be misrecited and this be  hold a material exception for in this the sense of the statute be alter for  this be tie to a recovery by verdict only but if it have been misrecited in a  point not material it have been otherwise and the indictment be discharge
case farmor against hunt the lord of a manor can justify drive away cattle  from a stack of corn which he have erect on the common Yelv Com dig the grant  of a common must be plead with a profert trespass for chase the plaintiff  cattle in such a close the defendant justify as damage pheasant in his  freehold the plaintiff reply and show a grant of common in the place where by  the defendant to the plaintiff but say not hic in curian prolata and afterward  the defendant erect a reek of corn there and that the plaintiff put in his  cattle to use his common and the defendant chase they croak James er p croak  throw and it be resolve by the court that the defendant erect a reek of corn  upon the land where the plaintiff have right of common though the plaintiff  cattle eat the corn yet the chase of the cattle be not lawful for then it will  be in his power to defeat his own grant by diminish the plaintiff common which  he ought not to do for the plaintiff cattle be without restraint to range over  the whole place and the wrong first beginning on the defendant part who be the  grantor he shall never take advantage thereof for the trespass do to he by the  plaintiff but because the plaintiff do not show to the court the indenture of  grant which be the ground of his title judgement be give against he
case FARNELY against basset Trinity term James roll if a cause be remove from  a inferior court by hab cor and bail accept on the return the bail below and  the sheriff be thereby discharge although the bailpiece be not file and the  cause be remand the same day post contra Yelv side roll Rep will burr skin  salk show post hob debt upon a escape against the sheriff of Norwich upon  demurrer the case be that a plaint of debt be affirm in Norwich a habeas  corpus be award to bring the body with the cause before Lord Popham chief  justice bear date the June which be the last day of the term and he thereupon  accept bail after the bail be accept and file a procedendo be award date the  last day of the term and thereupon they proceed and judgement be give and  whether the sheriff be discharge or Chargeable with the prisoner be the  question and it be resolve that the sheriff be discharge for when a writ of  habeas corpus be return and bail accept although they be not file yet present  the prisoner be discharge and his surety also in the inferior court and  although afterward a procedendo croak throw be award bear testae the same June  as of necessity it ought be a judicial process to bear testae upon some day in  term and that the cause be remand yet the surety and sheriff be discharge but  he may proceed against the party as if he have not be imprison and not  otherwise wherefore it be adjudge accord vide Henry bro procedendo
case FARRANT against lee termor may have injunction to stay waste against his  lessee lib Reg a foe nom Farrant v Lovel S c atk plaintiff be a termor at  ground rend bring a bill against his lessee to stay waste and move at the roll  for a injunction but be deny and it be now move again before Lord chancellor  and grant so where a be tenant for year remainder to b for life remainder to c  in fee b though he can bring waste as not have the inheritance be nevertheless  entitle to a injunction against a Roswells case roll Abr and see Davies v leo  Ves see Tracy v Tracy vern so trustee to preserve contingent remainder may  bring bill to stay waste against the tenant for life in Perrot ambler er p v  Perrot atk and Garth v cotton ib see dayrell v Champneys Eq Abr so where there  be tenant for life subject to waste remainder for life dispunishable for waste  remainder in fee the court will not suffer a agreement between the two tenant  for life to commit waste to take place against the remainder man before the  time when second tenant for life power commence Robinson v Litton atk it  appear from lib Reg that the plaintiff be assignee of a original lease for a  long term of year in the premise that one Atkinson be entitle to the  inheritance and that the plaintiff have for several year pay he the groundrent  reserve by the lease that the defendant be in possession of the premise under  a agreement with the plaintiff for one year certain and half a year warning at  the rend of pound it be swear by the affidavit of the plaintiff that the  defendant since he enter into possession have pull down and demolish the  closet partition and other thing in the house that he have undermine the  chimnies so that the house be in danger of fall that he have cut down tree in  the garden and destroy the fence and be daily commit some other waste on the  premise a injunction be grant to stay defendant from commit any further waste  on the say premise fill answer and further order
case FARRANT versus lovel Feb see Harper v aplin lt SC and the court will  grant a injunction at the suit of a ground landlord to stay waste in a under  lessee who hold by lease from the original lessor a remainderman in fee may  have a injunction to stay waste in the first tenant for life notwithstanding a  intermediate estate for life a bill be bring by a ground landlord to stay  waste in a underlessee who hold by lease from the original lessee note it  appear from the register book that this motion be make by Farrant who be the  assignee of a lease grant by one Atkinson to who the ground rend have be  constant pay Reg lib a fol Lord chancellor a certificate be produce of the  waste I be of opinion the plaintiff have the same equity as in other case of  injunction as where there be tenant for life remainder for life remainder in  fee yet the court on a bill bring by remainderman in fee to stay waste in the  first tenant for life will notwithstanding the intermediate estate for life  upon a certificate of the waste grant a injunction Robinson v Litton atk Garth  v cotton atk so where a mortgagee in fee in possession commit waste by cut  down timber and the money arise by the sale of the timber be not apply in sink  the interest atkins er p and principal of his mortgage the court on a bill  bring by the mortgagor to stay waste and a certificate thereof will grant a  injunction so likewise where there be only a mortgage for a term of year and  the mortgagor commit waste the court on a bill by the mortgagee to stay waste  will grant a injunction for they will not suffer a mortgagor to prejudice the  encumbrance Robinson v Litton atk for these reason his lordship grant a  injunction to stay waste
case Farrar against johnson a fine levy of a seignory or reversion to a use be  execute by Henry c dougl   light b Rep cro James the case be a feme lessee for  life the reversion to two I coparceners the feme and one of the coparceners  make a lease for year of the whole render ten pound rend per annum to the feme  during her life and after ten pound to the say coparceners afterward the feme  and the two coparceners join in a fine sur conusans de law come Ceo c to two  stranger to the use of Farrar croak Elizabeth the husband of the coparcener  that join in the lease two question be move first if he in the reversion levy  a fine to the use of himself if attornment he needful and resolve it be not  for he be in by the Henry c so in every case of a fine levy of a signiory or  of a reversion to a use second if by this join in the fine by tenant for life  with the reversion if the estate for life he surrender and the rend extinct  because the reversion to which the rend be incident be go the court doubt but  incline it be not for every one grant what in he lie periam say if they have  not levy a fine and tenant for life die the lease be good but for a moiety of  the parcener that let yet the rend remain for all
case faucet versus bower may in court one for pound grant a rend of pound per  and for seven year whether redeemable the plaintiff for pound have grant to  the defendant pound per and for seven year Payable half yearly and secure by  demise and redemise the master of the roll decree a redemption on payment of  what be in arrear of the annual payment without interest or cost on a appeal  the court take time to consider of it after a decree and two rehearings Reg  lib a fol afterward that may defendant be in possession it be agree that upon  plaintiff have possession he shall give security to redeem at a short day to  be allow by the master and to pay defendant his principal interest and cost  and that be to be in lieu of the pound per and Reg lib a fol
case FAVELY against easton vide ante page a fine of land in place know in a  will be good without mention the will where the land be S C ante Jones godb  this case be now move again and argue by hedly sergeant for the defendant that  this fine be not good he agree that of place know out of any will or hamlet a  fine may be levy for necessity as a praecipe may be bring of a ferr in place  know out of any will or hamlet as Henry pl Edward pl be but a fine can be of  land in a will or hamlet by the name of a place know for the will be the  principal ought to be name and the place know may be know by one name one day  and at another day by another name accord to the dame of the party who be  owner thereof and a fine ought to be levy by a name certain because it be to  bind a stranger by Edward pl and Edward pl addition in a writ of debt or other  action where process of outlawry lie ought not to be but of the will or hamlet  and not of the place know wherefore this fine be of land in a place know  within a will be not good Noy attorneygeneral e contra the fine be good for  the fine be draw accord to the writ of covenant and the writ of covenant be  guide by the indenture and agreement of the party videlicet what they agree to  pass by such name and it ought not to vary and if it vary from the deed the  other be not bind to levy the fine and he rely upon the yearbooks l Edward pl  Henry pl Edward pl and all the justice seriatim deliver their opinion that it  be a good fine whereupon it be adjudge for the plaintiff croak car er p
case fawn case in the court of ware a husband who wife be possess of a bind in  character of executrix to her former husband may assign it for a debt due by  law to the king notwithstanding the James c hob Brediman be indebt to Richard  coal by a statute in two thousand pound coal make his wife executrix and die  she afterward marry with Edward fawn who be indebt to the king by bind  acknowledge in the court of ware he and his wife by deed enrol James in the  court of ware assign to the king that statute for the payment of the say debt  and whether this assignment be good or void by the statute of James c which  enact that no debt shall be assign to the king by his debtor or accountant  other than such debt as do before original grow due to the king debtor or  accountant good fide and that all other assignment shall be void be the  question the two chief justice and the chief baron resolve that this be a good  assignment for although this debt be not due to he original but in right of  his wife who have it from her testator yet forasmuch as they have the sole  interest therein and the husband who be the king debtor may discharge it by  his release it be all one as if it have be make to he in his own name and  within the meaning of the maker of that Act to be assign for the intent of  that statute be only to restrain assignment of debt which be not due to the  debtor themselves but assign to or by he to other person wherefore it be  resolve that this assignment be good and that process shall be award for the  levy thereof
case featherstone against hutchinson see Lound v Grimwade Ch d a promise by a  three person to pay the sheriff the debt of his prisoner in consideration of  his be set at large be void by Henry c ante Lut yely bulst godb hetl   Leon I  salk Cowp to Rep to Rep assumpsit and declare that whereas the plaintiff have  take the body of one h in execution at the suit of I S by virtue of a warrant  direct to he as special bailiff the defendant croak Elizabeth in consideration  he will permit he to go at large and of two shilling to the defendant pay c  promise to pay the plaintiff all the money in which h be condemned upon non  assumpsit it be find for the plaintiff it be move in arrest of judgement that  the consideration be not good be contrary to the statute of Henry c and that a  promise and obligation be all one and though it he join with another  consideration of two shilling yet be void and against the statute for part it  be void in all vide dive el Manninghams case in comment l a Plowd croak  Elizabeth er p
case FEAUBERT versus turst S c more full report bro p c see sub nom foubert v  turst rainy v Ellis lt n S viner p pl Eq Abr c a S c cro car wms atk and a  agreement make at parish on the marriage of two French people touch the wife  fortune decree here to be execute accord on a marriage of two French people in  France the contract be that the husband survive the wife shall have two three  of her fortune for life whereas by precedent in chancery er p the custom of  parish where they marry he will have have but a moiety and livres in the first  place by way of present and that the rest shall precedent in chancery go  accord to the custom of parish after they flee hither from the persecution and  several year after the wife die her relation bring a bill for a account of the  estate and to have the benefit of the say contract it be object they can not  bring over the French law hither but must now be govern by the law of England  where the husband survive be entitle to all the wife personalty at least there  be no colour to carry it further than the sum stipulate in the contract and  not to that which be leave to go accord to the custom of parish which be only  a local law and therefore they can have no benefit of it here it be answer  that marriage contract be to be support in all country without regard to the  place where make and that this contract do extend to the whole fortune of the  wife and not only to the particular mention and the say the rest shall go  accord to the custom of parish be as much as if the custom have be recite at  large and that the fortune shall go so my Lord keeper decree relief only as to  the sum stipulate but on appeal to the lord they have relief for the whole I  brown parliament case bro PC and ed where the case be much more full and  correct state
case fellow versus Owen two trustee for sale of a estate join in a conveyance  of it to a purchaser and in a receipt for the considerationmoney but each of  they receive only a moiety thereof one of they afterward become insolvent the  other shall not be answerable for what the insolvent trustee receive post case  otherwise it be where executor join in sale two trustee each receive pound  upon the sale of the trust estate and both join in the sale and execute  conveyance one of they afterward become insolvent Vernon chancery case er p  the question be whether the solvent trustee shall be charge with what his  cotrustee receive or shall only be answerable for what he receive himself in  the case of Heaton and Marryott trustee for sale of land each answerable for  his own receipt only but in the case of executor where they join in sale it be  otherwise and the Lord keeper doubt in this case and will consider of it vide  post p S c
case fen against alston Samuel and Samul shall be intend the same name in a  action of debt on bind the defendant crave oyer of the condition which be set  forth he plead a usurious contract Branthwait sergeant they have abate their  declaration for the bind produce do not agree with the declaration the  declaration be Samuel Alston and the bind be Samuel in cro James the bind be  Edmund the declaration Edward and though the jury on the trial find his name  to be Edward yet it be hold have for that the declaration must follow the bind  a roll a and the reason be that the defendant have sign the bind by the name  of Edmund he be estopped in plead to say that be not his name wear contra  Samuel and Samul must be take to be the same name or a abbreviation of it when  there be but a small difference between they they shall be take to be the same  unless they be apparent two different name roll Mod hill Geo child v Goff the  court they must be take to be the same name the judgement be affirm modern  report er p
case Fenner against PLASKET and green Michaelmas term pound Elizabeth roll in  a action for a tort which prejudice a remedy by husband and wife the husband  may sue alone or they may join more cro car Inst strange Bac ab rescous the  plaintiff declare that a rentcharge in fee be grant to the feme of the  plaintiff and to Edward Coshis her first husband and that Edward cousin die  and she take the plaintiff to husband and for rend arrear durante widowhood of  his feme he distrain and upon rescous bring this action the defendant hereupon  demurrer in law but show not any cause of his demurrer but the principal cause  as I hear be that his feme be not join in the action the distress be take for  rend due dumb sola to be but notwithstanding it be adjudge for the plaintiff  for it be a tort do to the baron for which he may have a action sole or may  join his feme therein because it arise upon a duty due unto her before the  coverture but it be at his election
case Fenwick against GRAVENOR a wife may be make defendant in ejectment where  a pretend husband be lessor of the plaintiff SC post SC salk SC salk SC holt  Fenwick pretend the defendant to be his wife deliver ejectment to the tenant  and she deny the marriage ray to be make defendant it be oppose by the  plaintiff counsel for that if she shall have judgement he will lose his cost  since he can have none against his wife holt chief justice it be due of right  to the tenant in possession and landlord to be make defendant for otherwise  the tenant in possession may combine with the lessor of the plaintiff and oust  the landlord of his rend and see Geo c S burr and Runningtons ejectment d edit  a and to deny the lady that modern er p right will be upon the presumption of  her marriage which will be direct to determine the point in question and there  be no inconvenience of the other side for the plaintiff if he modern have  judgement may have cost against the tenant in possession
case Fermor against Dorrington I will prove he to be a perjure knave be  actionable post cro James judgement stay for a diversity in the Christian name  of a juror hetween the venire I I and distringa ante post Q   cro car cro  James h b Bac Abr Cowp action for word which be I will prove Fermor to be a  perjure knave after verdict it be allege in arrest of judgement that the wor  ds be not actionable for he do not say he be perjure but that he will prove he  perjure for it of it may he that if he do any act after that he may be  convince of it but all the court hold that the action lie and the word can  have such construction another matter be allege that in the venire facias and  distringa one taverner be name one of the juror but in the return of the dim  one turnor be return and be swear and try the latter so it be a mistrial be  try by one that be not return in the venire facias and coke cite a precedent  in this court between Dousby and Willot where a juror be return by the name of  Grezory Willot and in the distringa he be name George Willot and he with other  pass upon the inquest and for this cause the judgement be stay and another  precedent in the exchequer where one Mizael be return upon the v venire facias  and upon the distringa one Michael and both these be return for surname and  because Michael be swear c the judgement be stay and so it seem to the court  but they at first doubt if the variance in the surname he a cause to stay  judgement but for variance in the Christian name they agree clear the  judgement shall he stay but one may have two surname but afterward it be  resolve the judgement shall he stay
case ferrand against apprentice court will of course order security for a  legacy Payable at a future day lib Reg a foe a S c dick bro c c cite in  chancery that June bill for security of a legacy which the defendant the  executor be to pay at the end of ten year from the death of the testator and  though no particular reason be assign as waste asset or insolvency in  defendant yet decree on the general rule of the court by sir Thomas clarke  master of the roll who sit in the absence of the Lord chancellor l it see  Johnson v mill Ves cite bro c c heath v very atk Duncumban v stint Ch can the  circumstance of the legacy ambler er p be contingent and Payable at a future  day will not deprive the legatee of the right to call upon the executor for  security see Johnson v mill ub sup S c cite bro Nom Johnson v de la Creuze  green v Piggott bro see Studholme v Hodgson p W Carey v askew bro S c Cox but  see palmer v mason atk in the case of a contingent legacy the court do not  direct a sum of stock to be appropriate to day it but permit the residuary  legatee to take the who on his give security to pay legacy when due Webber v  Webber S S the testator by his will give a legacy of pound to be pay at the  end of ten year from his death the bill contain no charge of insolvency or  waste against the executor but mere charge that application have be make to he  to give security and that he have refuse the decree direct that the defendant  shall give security to be approve of by the master or in default that the sum  shall be pay into the bank with the privity of the accountantgeneral to the  credit of the cause to be invest in per cents the interest to be pay to the  defendant and at the end of the ten year the plaintiff to be at liberty to  apply the defendant to pay the plaintiff her cost to be tax by the master lib  Reg
case ferrer against johnson a variance hetween the declaration and the find of  the jury in a matter not essential to the nature of the action be immaterial  ante   light b post bull n p dougl term Rep   a cro car action upon the case  for disturb he of a office the plaintiff make a special title to it and a  special verdict be find wherein a title variant in part from that which be  allege be find and after diverse argument it be hold per curian that  notwithstanding the variance the plaintiff shall have judgement for Walmsley  say that the title in this action be superfluous and the variance find be not  material and it be hold per curian that if one grant a office of bailiff or  steward or the like with the profit thereof without render a account he can  discharge the a this tenure by knight service be now whole take away by car  and convert into free and common socage croak Elizabeth er p grantee but he  shall continue to have the profit of the office but otherwise it be if no fee  or profit have been grant for the exercise thereof and Walinsley hold that one  may grant a office hahendum after the death of I S for it vary from the case  of land c and the plaintiff have judgement croak Elizabeth michaelmas term  Elizabeth in the queen Heach sir John Popham Knt chief justice sir Francis  gawdy Knt John Clench Esq Edward Fenner Esq justice sir Edward coke king t  attorneygeneral sir Thomas Fleming Knt solicitor general
case ferrers against borough Trinity term Elizabeth roll a condition to he  perform on the part of a lessorr be not break by his make another lease to a  stranger before performance SC Owen Bl Rep will wood con upon a special  verdict the case be a man make a lease for year upon condition to he perform  on the part of the lessor and before the time of the performance of a   croak  Elizabeth er p the condition the lessor let we it to a stranger for year by  indenture and then perform the condition and enter whereupon the first lessee  bring trespass Harris sergeant move that he may not entpr for by his make a  second lease by indenture he have dispense with thecondition but all the court  contra for the estoppel be only hetween the lessor and the second lessee so as  the lessor be at large against the first lessee to enter upon his condition  notwithstanding the second lease coke attorneygeneral be in court say this  case be clear but if one make a feoff upon condition and afterward levy a fine  to a Arangeri his condition be gohe and judgement be then give that the  lessors entry be lawful
case ferrers on the demise of Upton against miller in ejectment a plea in  abatement go for sale et make practice of defending without say vim et in an  unjust manner be good if the plaintiff receive it S c show S c salk S c Carth  S c holt in ejectment the defendant plead in abatement that the land be  ancient demesne without make a defence for he say go for sale et make practice  of defending without say vim et in an unjust manner c and no plead can be  unless he make himself a party by defence a   light b a unless it be in a  assize or to know facias for there no defence be to be make but in all modern  report personal action the plea say go for sale et make practice of defending  vim et in an unjust manner c though it be usual in plead in abatement to leave  out the word when but on the other side it be say the precedent be both way  and it be adjudge good without make practice of defending vim b but by buller  justice in the case of Thompson v Stockdale Hilary term Geo it be now settle  that in all dilatory plead except such as go to the jurisdiction a full  defence must be make ld ray notorious facts b but unless he make himself a  party to the writ by make defence you be not bind to receive his plea but if  you do it be good
case Fetherston versus ALLYBON a defendant executor shall have cost on a  nonsuit cro James cro car hut yely Bac Abr Bac Abr Mod stram burr Sayers law  of cost debt against a executor upon a obligation make by his testator the  plaintiff be nonsuit the defendant have cost by order of court otherwise it be  where a executor be plaintiff and be nonsuit for it can be intend that it be  conceive upon malice by he vide Henry c James c Elizabeth c car c will c and  Ann c
case FETTYPLACES case the misprision of affeerere for afferre may be amend if  right on the roll   a Mod comens barn action on the case upon a promise in  consideration that the plaintiff will affeerere instead of afferre c it be  move in arrest of judgement and the case of Bedel v sir Edward Wingfield a cro  Elizabeth a be cite Twisden justice I remember severity for distructionem can  be help so neither v accaria for in vicarian so the court give direction to  see if it be right on the roll see also the Henry c Com dig dougl term Rep  term Rep and the case of king v beech dougl note Cowp where it be say that the  true distinction seem to be that where the omission or addition of a letter do  not change the word so as to make it another word the variance be not material
case field against james WINLOW alias speech John WINLOW easter term Elizabeth  roll if John execute a deed in which he be name James it be not his deed Henry  pl Henry b roll ab dyer Owen cro James Lut salk debt and count qubd m  preceding jacobus per nomen John Winlow such a day and year per a certain  scribe suum obligatorium to go away c the defendant demand oyer of the bind  whereby it appear that the defendant by the name of John Winlow fecit scribe c  and the condition as if James with low pay c whereupon the defendant demurrer  quod breve prcedict et nam ratio minus sufficient in lege to step out c the  court hold that the action lie not for John can be James a croak Elizabeth  michaelmas term and Elizabeth in the queen bench sir John Popham Knt chief  justice sir Francis gawdy Knt sir Edward Fenner Knt sir Christopher Yelverton  Knt justice sir Edward coke Knt attorneygeneral sir Thomas Fleming Knt  solicitor general
case field vers workhouse in c b a sheriff can take a bailbond upon a  attachment for a contempt vin Abr title contempt b pl   g prac Reg SC Tidds  bring comens er p ld raym salk S c vent barn Str pale yellow Rep Bl Rep Prec  Charles Leon style this be a action of debt upon a bind the defendant plead  the stat h saint h c a which make all bind c take by a sheriff multicolored  duty void and say that a attachment issue out of this court against a for a  contempt and upon that the sheriff take this bind from the defendant  multicolored duty for the appearance of a to this the plaintiff demurrer and  the question be whether the sheriff can take a bailbond upon a attachment for  a contempt and it be resolve that he can not and king chief justice deliver  the opinion of the court and say that upon a attachment of privilege  attachment upon a prohibition attachment in process upon a penal statute the  sheriff may take bail but not upon a attachment for a contempt for that be not  within the word or the intent of the statute judgement be give for the  defendant
case fillip against crab a jury on a trial at bar may be strike ex part when  the atorneys on both side be to attend the strike a jury on a trial at a see  bright v einon burr and stram ld ray Peer wms that the court will grant a new  trial after a trial at bar when the justice of the case demand it modern  report er p bar if one will not attend on due notice the jury shall be strike  ex part and the secondary shall strike twelve for he that do not attend
case fillip against echard vide ante page a executor may plead a statute enter  into by his testator and then unpay without save it be give for a just debt  ante post bull n p Com dig term Rep cro car Com dig after demurrer the  plaintiff can discontinue without leave of the court and the defendant may  complete the record to recover his cost post cro car roll Abr godb Cowp to Rep  a plaintiff can enter a nonsuit after judgement on demurrer cro Elizabeth Cowp  to Rep this cause be move again the court resolve that the defendant plea be  good for when he aver that the statute be in force and the money not pay it be  good enough prima fancy until the contrary be show and it shall be intend to  be make for a just debt and he who will take advantage of the contrary ought  and it be fit for he to show it wherefore rule be give that judgement shall be  enter for the defendant the plaintiff then move that there be not any  continuance enter upon the roll and therefore pray it may be discontinue but  the court say that the plaintiff can not discontinue it without the court be  direction and that the defendant may well continue it be for his advantage  wherefore they appoint the continuances to be enter accord for otherwise in  every case when a matter be bring to argument upon demurrer the plaintiff see  the opinion of the court to incline against he will cause a discontinuance to  be enter which ought not to be in the same term it be argue and note that in a  case of Alderley v Alderley this term in debt upon a obligation the case be  argue upon a demurrer the opinion of the court be against the plaintiff and  rule be give that judgement shall be enter for the defendant but the plaintiff  pray that he may be nonsuit and because he have the same term appear and argue  by his counsel and have pray judgement it be adjudge that he can not be  nonsuit the same term croak James er p
case fillip against SACKFORD easter term Elizabeth roll a promise to forbear  indefinite be not a good consideration in assumpsit but where a time certain  be name for payment a request before the day be not necessary post ante Cr  ante Cr roll error of a judgement in a assumpsit where the plaintiff declare  that in consideration the plaintiff will forbear to sue one Brediman for  twenty pound debt which he owe unto he that he assume to pay the aforesaid  twenty pound before Micbaelrnas and allege begin that from the time of the  assumpsit to keep back from et thus far to keep back and after non assumpsit  the first error assign be because he alled eth not any request but general bid  on t scepi S require c say non allocatur for where a time certain be limit for  the payment of any thing he never shall allege a request before the day but  otherwise it be where it be incertain a a void plea be not aid by Henry c Com  dig croak Elizabeth er p a second error assign be that the consideration that  he will forbear and c and show not for what time be not a sufficient  consideration for it may he that he forbear but for a quarter of a hour or  other small tinae and although it be allege qubd to keep back et thus far to  keep back that will not help it and of that point the justice doubt but the  great part hold that it be not a sufficient consideration say adjournatur and  afterward for this cause it be reverse
case fillip against the bishop OF Salisbury Jointenants of a advowson may by  deed make partition of it two jointtenants of a advowson by deed make a  partition to present by turn and afterward one of they grant over his share  the grantee present in his turn and modern report the bishop refuse to admit  his clerk whereupon the grantee alone bring a quare hinder Carthew object that  the inheritance of a advowson be in its nature indivisible and as entire as  that of a villain and that if two jointtenants of a advowson agree to present  by deed in their turn such agreement will work no severance of the jointure  but that remain but if one of they after disturb the other his remedy be by  covenant and quote Mod and he say that doubtless one jointtenant or tenant in  common of a advowson may make a voluntary partition of the right after which  they shall have several writ of right of advowson for their several moieties  Fitzherbert n b if there be two or more coparceners of a manor they may make  partition to have one part of the demesne and service to one and another part  to the other and the advowson by the same agreement to be by turn it will be  appendant to their respective share   roll Abr Fitzherbert title quare hinder  pl   Ent and accord it be adjudge for the plaintiff at another day per totan  curian Inst dyer Plowd f n b Henry pl   Ent
case fillip cotton executor of Anthony cotton against WESCOT Trinity term  James roll a infant executor must appear by guardian and not by attorney post  roll Abr roll Rep Poph Bulst stram Bac Abr say vide bid v Starkey cro  Elizabeth error of a judgement in debt against he as executor for forty pound  he appear and plead plene to manage and it be find against he and judgement  give accord it be now assign for error that at the time of his appearance he  be a infant and ought not to appear by his attorney but by guardian the  defendant plead in nullo be erratum suppose that it be not error for that he  do not sue for his proper debt but as executor and so represent the person of  the testator who be of full age the judgement be reverse a croak throw easten  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 finch against harris though donative be exempt from the ordinarys  jurisdiction the clerk of it be not who may be punish by ecclesiastic censure  but not to deprivation prohibition be move for to stay a suit in the spiritual  court against a clerk in order for preach without a licence upon suggestion  that there be a chapel donative within such a parish four mile distant from  the modern report motherchurch and a cro James modern report er p that it be  consecrate and that this suit below be for preach there so the ordinary have  nothing to do with it and the design of this libel be to bring in question  whether this be a donative or a chapel of ease but per curian nun can preach  without licence of the ordinary a who cure it be to prevent heresy and schism  in his diocese and there be a canon against preach without licence and that  bind all the clergy and a clerk ordain can preach even in the diocese whereof  be be and by who diocesan he be ordain without licence though one will think  the very ordination will amount to a licence to preach within that diocese and  though it be true that the ordinary can punish he by deprivation of this  benefice b it be a donative yet he may censure he otherwise for otherwise the  inconvenience will be intolerable that it shall be in the power of a man by  put in a clerk into such donative to exempt he from the censure of the  ordinary and subordination to the ecclesiastical law e and per holt chief  justice it be against the law ecclesiastical to preach in a place not  consecrate and it will be to set up a conventicle indeed one may pray in his  own house for his family but he can preach there and this clerk without  question be visitable by the ordinary though he have no jurisdiction over the  thing so as to deprive as in case of a rectory and here they at last move for  a prohibition quoad the read prayer but it be deny
case finch versus tucker in court die Jupiter novemb estate pour autre vie may  be limit to a man and his heir and may be entail and may descend though a term  for year can be so entail post case the question arise on exception take to a  master report who have report the defendant answer to be insufficient the  plaintiff by his bill seek a discovery of a settlement make by one who be  tenant pour autre vie and the Vernon chancery case plaintiff claim as issue in  tail the defendant insist such limitation if any there be be void and that he  ought not to be put to discover such settlement if any such there be per cur  we remember not any express precedent in the point but take it that a term  pour autre vie may be limit to a man and his heir and may be entail and shall  descend and be not like the settle of a term for year in tail where as have be  often adjudge the tenant in tail be look upon to have the whole estate in he  and may dispose of it at his pleasure the exception come on again for argument  that Nov follow but no counsel attend for the defendant they be overrule Reg  lib a fol vide bakery Bayley post and for further learning on this subject  vide black Com cap low v Burron p wms duke of Devon v Atkins p wms and the  case there respective refer to in addition to which ex part stern Ves Ripley v  Waterworth Ves and particular Eldon Lord chancellor judgement ibidem in which  this subject with reference both to the nature of the estate and its  application as asset and the case relate thereto be full consider as to entail  of term for year and personal chattel vide case refer to in not Whitmore v  wield ante Vol
case fine against Norton Trinity term car roll if one of the juror who try a  cause be not one of those return in the venire facias it be a mistrial S C  Jones ante error of a judgement in the common plea in assumpsit the defendant  plead non assumpsit which be find against he to his damage of four hundred  pound and judgement accord the error assign be because upon the venire facias  threeandtwenty juror be return and in the habeas corpora there be  fourandtwenty videlicet the threeandtwenty who be return upon the venire  facias and one Walter Lambert who be a cro James a see case in crown law croak  car er p not therein return and be return by distringa twelve of they be swear  whereof the say Walter Lambert be one and the issue try by they whereupon  judgement be give this be assign for error and to be a mistrial for it be try  by one who be never return by the sheriff upon the venire facias all the court  who seriatim deliver their opinion hold this to be a manifest error and not  aid by any of the statute of Henry c Elizabeth c or James c for a juror  misname be not a juror who be never return by the sheriff so as be appear be  swear without warrant and be one add for the pleasure and peradventure by the  nomination of the plaintiff this be casus to let go out of all the statute and  not remedy by any of they nor can it be aid by the examination of the sheriff  but if twelve of the twentythree return have be swear and not the say Lambert  it have be aid by the Elizabeth c as appear in Terrell v gardener a wherefore  for this cause the judgement in the common plea be reverse
case fine versus cobb die moon novembris in court lord commissioner Eq can ab  pl S c one grant to a common in dale for sheep bill bring for that the  defendant have overstock the common bill dismiss a man have grant to I S  common in his down for one hundred sheep and five ram the bill complain the  grantor overstock the common so that the plaintiff the grantee can have no  benefit of the grant and pray the grantor may be enjoin not to overstock c  upon debate the court dismiss the bill it shall seem he have a action at law f  n b Robert mary case Rep
case fish against Horner bail to the sheriff can be except to as bail above  post it be agree that if a plaintiff accept of a assignment of the bailbond  and the defendant put in the same bail that be put in to the sheriff at the  return of the writ the plaintiff can except against they but it be otherwise  where he have not take a assignment
case fish against TROROWGOOD to say of a commissioner that he have return the  deposition of witness who be not swear be actionable and can be justify by  plea that he return the deposition of glie witness not swear action for word  whereas such a commission issue out of the exchequer to the plaintiff and one  I S and by force thereof they take diverse examination of witness and return  they into the exchequer that the defendant say the plaintil be made return as  the deposition of witness into the exchequer the examination of diverse who be  never swear the defendant plead in bar that a commission issue to examine c  and that the plaintiff return into the exchequer the examination of one I S  who be never swear and therefore c and it be here Imuon demurrer and rule by  all the court that the justification and bar be not g odd for although one who  be not examine be return into the exchequer yet that do not prove the word  that the plaintiff croak Elizabeth return c because the justification be of  one witness only return and the word be in the plural numher croak Elizabeth  er p it be then move that the word themselves be not actionable for eley he  not any slander which will hear a action but all the court resolve to the  contrary for be aver that he be a commissioner and that t he return deposition  take before he and his companion into the exchequer it be a great fault in he  to certify one as swear and examine upon his oath who be never examine and it  be fineable wherefore it be a great slander unto he to report it of he u and  it be adjudge for the plaintiff
case fish against Wagstaff judgement in the Marshalsea reverse because it be  recite that they have authority to hear c all cause post dyer cro James Cowp  error of a judgement in the court of the Marshalsea by virtue of a new patent  the error assign be because in the style of the court it be mention that the  court be hold by virtue of the king letter patent in person such person judge  our men ad to hear et to set bounds assignat in all respects placita  personalia inter all men personas infra dvodecim leucas in the Palatine hill  king at westmon et inter all men man de hospitality domini king tam day how  hospitium domini king be infra dvodecim leucus a the Palatine hill westmon the  court a patent ad to hear et to set bounds all men cause can be but it ought  to be only of criminal matter and for that reason the judgement be reverse
case fisher against bank a hearing complaint will not lie for what may have be  plead before ante roll Abr side salk Carth Lut Cowp hearing complaint for that  the plaintiff be in execution in debt upon a obligation and allege it be make  for usurymoney contrary to Elizabeth c and because it do appear to the court  that he be condemned upon a nothing to say after he have make a attorney and  appear so that he may have plead this plea in avoidance of the obligation and  then do not plead it the hearing complaint be disallow by the whole court for  a hearing complaint do not lie after judgement upon a thing he may have plead  before but when he be condemned by default croak Elizabeth and have no day in  court to plead it there it lie and they say upon this reason they have  overrule a like case this term
case fisher against baston inferior court error of a judgement give in a  inferior court per seneschal hic in cur and affirm for though if it be per  seneschal only without more it will be ill because it may be in a tavern or  other place yet be say in cur show it to be in court judicial
case fisher against richardson executor c Hilary term James roll forbearance  be a good consideration to maintain assumpsit against a executor with asset  for the debt of his testator post Yelv cro Elizabeth   cro car ray Com dig see  Bac Abr in notorious facts Cowp assumpsit for that the testator be indebt to  he by single contract and the defendant be executor and have asset in his hand  to satisfy all debt and legacy assume that if he forbear to sue he until such  a time he will pay a and allege in fact that he forbear and have asset c and  hereupon the defendant demurrer Hedley argue for the plaintiff that inasmuch  as the testator be Chargeable at the commonlaw in a assumpsit as have be  adjudge the duty remain although he be dead and although no action of debt lie  against the executor because the testator may have wage his law yet a action  upon the case lie with a averment of asset to satisfy as the case be of Norr v  read and if in this case debt be bring against the executor if he plead non  debet he shall be charge therefore the stay of the suit be sufficient  consideration to ground this action and here he may have be sue in chancery  the stay whereof be good cause of assumpsit a by car c S no action shall be  bring whereby to charge any executor or administrator upon any special promise  to answer damage out of his own estate unless the agreement or some memorandum  or note thereof shall be in write and sign by the party to be charge therewith  or some other person by he lawful authorize croak James er p and of this  opinion be the whole court without argument wherefore it be adjudge for the  plaintiff
case fisk versus fisk July Eq Abr c S c a mortgage though forfeit and though  the heir buy in the equity of redemption and though no defect of asset yet  shall get to the executor but have the heir be in by descent of such forfeit  mortgage when he buy the equity of redemption and no defect of asset equity  will not take a from he Thomas Fisk the elder have a mortgage in fee which be  forfeit he make his will and devise all his mortgage to Thomas Fisk the young  and make he executor and die Thomas the young prove the will and after die  intestate the plaintiff take out administration de good non to Thomas the  elder and also administration to Thomas the young and bring this bill against  the morgtagor and the defendant Fisk who be heir at law to Thomas the elder  and young and have buy in the equity of redemption this cause wonder S hear on  bill and answer and it be agree that both the Fisks leave sufficient asset  without this mortgage and the bill be to have the defendant Fisk to assign the  mortgage and have the money pay or else to foreclose they and it be decree  that the defendant Fisk shall pay the plaintiff his principal interest and  charge to a day or else assign the mortgage and be foreclose but my Lord  commissioner Trevor say if the mortgagee have be in possession and die so he  will not have precedent in chancery take the mortgage from the heir there be  no defect of asset
case fit and another against freestone on a special promise the defence must  be plead but on a imply promise it may be give in evidence on the general  issue ante march Allen comens Mod per holt chief justice there be no such  thing as a promise in law but see the case of Bedford v clarke side and  gilbert law of evidence Loffts edit strange Com dig assumpsit h bull n p in a  action ground upon a promise in law payment before the action bring be allow  to be give in evidence upon non assumpsit but where the action be ground upon  a special promise there payment or any other legal discharge must be plead
case fitzgerald against clanrickard mich term James roll in what case  diminution may be allege SC holt SC comb SC Mod b SC Carth error on a  judgement in the king bench in Ireland if want of a warrant of attorney be  assign for error you must pray a certiorari to certify that there be none and  if no certificate then the error fall to the ground the same be for want of  admission of a guardian which be upon another roll videlicet the philazers and  therefore you ought to pray a certiorari when you assign that for error per  holt
case Fitzgerald against villiers infant must appear by guardian S c comb vern  Prec Ch Mod barn fitzg Peer wms Peer wms stram stram Com dig pleader c Bac Abr  notorious facts Cowp Writ of error upon a judgement in dower the error assign  be that the tenant in dower be a infant and no warrant be allege of the  admission of any guardian that it may appear to be the act of the court it be  true a infant may sue by prochein ami but shall not appear by attorney but by  guardian because it be intend by law that he have not sufficient discretion to  choose a attorney therefore it be provide that he appear per guardianum which  be do by the court who be always careful of infancy and a special entry be  make upon the roll assize pl Bridgm bk Ent Hutton   light hetley cro more hob  a videlicet per guardianum ad hoc per curian admission c second the appearance  be by the guardian in his own name videlicet et prediction Katherine  Fitzgerald per richardum power modern guardianum suum go for sale et to say  quod ipse c it shall have be in the name of the party quod self c Adjournatur
case Fitzgerald versus burk August deny notice of the plaintiff title at the  time of the execution of the deed or payment of the considerationmoney be not  sufficient you must swear you have no notice at or before the execution vide  more v Mayhow Charles can story v Lord Windsor post Hardingham v Nicholls post  vol Lord chancellor I have not know a plea draw up in this manner it be a plea  of a mortgage for valuable consideration without any notice of the plaintiff  right and not in the common manner of plead for he begin with deduce the whole  title from Mr Aylmore and his wife through the several deraignments to himself  the plaintiff claim as heir at law the defendant manner of swear he have no  notice be too restrain for he do not swear at or before the execution that he  have no notice but cautious at the time of the execution or at the time he pay  the considerationmoney he swear he have no notice the plea be allow
case Fitzgerald versus SUCOMB November it be a establish rule that if you  elect to proceed at law on come in of the answer your suit here must be  dismiss but on drop that part of the bill which pray relief the plaintiff be  allow to proceed at law it be now move to discharge the election the plaintiff  have make of proceed at law by a former order on come in of the defendant  answer the plaintiff have bring his action at law for the debt and likewise a  bill in this court for a discovery of asset and thereby pray that the  defendant may come to a account with the plaintiff and pay what shall be due  to he the old rule of this court say Lord chancellor be that you may proceed  at law for the debt and likewise in equity for a discovery of asset but it be  a establish rule now that if you make your election to proceed at law upon  come in of the answer to your bill your suit here must be dismiss because it  ray relief as well as a discovery but upon the plaintiff agree to drop that  part of his bill which pray relief Lord chancellor discharge the order for the  election and allow the plaintiff to proceed at law see anon p W n b
case FITZHARRISS case a impeachment depend can be plead to a indictment for  the same crime this term Fitzherbert Harris be try for treason his plea of  impeachment in the house of lord be overrule the last term a a berry case roll  Abr pl h a but see Morgan v Vaughan post a a impeachment for high treason be  institute against fitzharris by the house of Commons a bill of indictment be  also and at the same time prefer against he but the grand jury conceive that  they can not receive the bill while the impeachment be pen against the  indictee the question be refer to the twelve judge who be unanimous of opinion  that the grand jury ought not to take shower KB er p shower KB michaelmas term  the thirtythird 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 Fitzherbert case a sheriff be not discharge from his office until the new  patent be show to he post more dougl debt against he as sheriff of Devon  Francis gawdy sergeant show the truth of the case to he that upon a recovery  in debt against a a capias ad to give satisfaction be award to sir John  Clifton then sheriff a new patent be make to Mr Kircomhe and afterward and  before notice sir Jo Clifton arrest a and leave he in execution Kircomhe die a  and Mr Fitzherbert be make sheriff and let a go at large the question be if it  be a good arrest by sir Jo Clifton for if it be not it be no escape the court  hold clear that the arrest be good and it be a escape for sir Jo Clifton  remain sheriff and be not discharge of his office until the new patent be show  to he so as he may have notice of his discharge and if in the mean time  hetween the seal of the new patent and the show of it to he he keep a county  court it be good
case FITZHuGHS case after traverse of a indictment the party can take  exception that the sheriff name be not endorse on the return of the venire  ante more hob Yelv cro Elizabeth fitzhugh be indict traverse the indictment  and it be find against he exception be take because upon the dorse of the writ  of distringa it be vide Edward title estate Henry Br witness dyer wellock and  hammond case and Elizabeth cite in Borastons case   and collier case   croak  James er p return execution this short catalog c and not the sheriff name but  it be hold to be good enough or if it be not it shall be amend for the croak  throw venire facias be good and there be the same juror who be return upon the  venire facias it be his own fault for he who traverse ought always to bring  the record and look to the return of writ wherefore it be hold that it shall  be amend but if the venire facias have be album breve without a return it have  be otherwise for that can be amend wherefore rule be give accord that it shall  be amend by James c after verdict in any action suit bill plaint or demand in  any court of record the judgement thereon shall not be stay or reverse by  reason that there be no return to the venire facias so as a panel of the name  of the juror be return and annex to the say writ or because the sheriff name  or other officer name have return of the writ be not set to the return so as  upon examination it be prove that the writ be return by such sheriff or  officer
case Fitzpatrick against Robinson Michaelmas term James roll in debt on bind  for performance of a covenant that a three person shall render a true and just  account a plea of performance general be bad and not aid by a replication that  he do not give a just and true account SC comb SC holt bind for performance of  covenant which be for I S to render a true and just account and to pay what  shall c the defendant plead performance general the plaintiff reply that he do  not give a true and just account c the defendant demurrer general Mr girdler  for the defendant urge that this be not a good breach because just and true  account imply that there be a account and this be therefore a perplex and  multifarious issue he ought to have say either that he give no account at all  or that he give a account but not a just and true one and have show wherein it  be otherwise so as the defendant may know what answer to make Ajornatur  afterward the plea be hold ill because for the act of a stranger and then you  must show how but this be not help by the replication as plea of performance  general to negative covenant may be see the case of agar v beef Yelv judgement  for the plaintiff quaere de Ceo per turn back vide Richard pi style shower KB  er p
case FITZUGH CRANVEL against sander word in the future tense expressive of a  testator intention to revoke his will can never amount to a revocation but if  he say I do revoke it it be sufficient ante cro Elizabeth dyer roll ab style  side Owen Powel on Dev Com dig Bl Rep dougl Cowp a testator must be of sound  mind to revoke his will   a Powel on Dev ejectment upon evidence to a jury it  be resolve by the court and so deliver to the jury that if one make his will  in write of land and afterward upon communication say that he have make his  will but that it shall not stand or I will alter my will c these word be not  any revocation of the will for they be word but in going to be and a  declaration what he intend to do but if he say I do revoke it and bear witness  thereof he hereby absolute declare his purpose to revoke it in present time  and it be then a revocation a also Montague say to the jury and it be not deny  by any other of the justice that as one ought to be of good and sane memory at  the dispose so ought he to be of as good and sane memory when he revoke it and  as he ought to make a will by his own direction and not by question so ought  he to revoke it of himself and not by question b
case FIXYMORE against SANKY Michaelmas term Elizabeth roll if a verdict find  only part of what be in issue it be have for the whole post salk Mod vent cro  James co li jj Leon hard sayer stram ld raym Cowp doug i term Rep debt for  seven pound thirteen shilling and fourpence upon nothing dehet the nda  ingsJury find that the defendant do owe six pound thirteen shilling and  fourpence but speak not of the other twenty shilling and this be assign for  error that the verdict be ill and not remedy by the statute of Henry c and for  this causan be reverse
case Fleetwood versus Templeman the same day SC barn Charles Rep a covenant in  a mortgage deed by husband and wife in to levy a fine in the easter term  follow but not levy till Trinity term in for si more they join in a conveyance  of the equity of redemption and covenant the fine heretofore levy shall be to  the use of this deed Lord Hardwicke hold the covenant in to be good and bind  on the husband and wife and that the former deed may be lie out of the case as  the covenant under it be not strict pursue a man and his wife in the year make  a mortgage of the wife estate of per and for the sum of pound and covenant in  the mortgagedeed to levy a fine of the premise in the easter term follow the  fine be not atkins levy till Trinity term in the year in consideration of  pound more they join in a conveyance of the equity of redemption and covenant  that the fine heretofore levy shall be to the use of this deed Lord chancellor  say he be incline to think as the covenant to levy the fine under the first  deed be confine to one particular term and be not levy till the next term  after that the husband and wife may by the deed in covenant that the fine  heretofore levy shall be to the use of the latter deed and that the former  deed in may be lie out of the case as the covenant under it for levy the fine  in easter term be not strict pursue countess of Rutland v earl of Rutland cro  James   b SC Shelleys case   b Jones v Morley salk Carth S c atkins er p
case Fleming against parker on a declaration of four count if there be a  demurrer to one and issue on the other a writ of enquiry on the demurrer  recite a judgement de prmissis be good after a to let go back financial loss  on the issue the plaintiff declare on four count that the defendant demurrer  to one and plead to issue as to the other three and the plaintiff join in  demurrer and have judgement and a writ of inquiry issue recite a judgement de  prmissis and that recuperate debet financial loss occasion prmissorum it be  move in arrest of judgement that a writ of inquiry will not lie on this  judgement until a nolle attendance be enter to the other three issue or a  venire to try they for then and not before a writ of inquiry may he have to  inquire of the damage upon the judgement in demurrer but in this case the  plaintiff have remit the damage as to the other three issue before the  judgement be enter on the demurrer it be hold good and the master of the  office affirm that that be the proper method of proceed
case fletcher against PYNSETT see makin v watkinson lr ex on a covenant to pay  when the obligee marry the fact of marriage shall be try by jury post ante  roll Abr Bulst cro car lev Yelv Poph hut side Cowp Com dig d in a action on a  conditional covenant notice of performance need not be special allege dougl  breach of covenant post Lut Com dig covenant that he shall assure such a  copyhold to the plaintiff if he marry with his daughter secundum law Church  rites and allege that he rite et leqitime espouse the daughter of the  defendant c issue be take thereupon and find for the plaintiff and exception  take because it ought to be try by certificate from the bishop and not by a  trial per pais say non allocatur for the marriage be only in issue and not  whether he be lawful espouse it be also hold that it be sufficient for the  plaintiff to allege although often require without give notice of the marriage  for he at his peril ought to take notice thereof also that he need not to show  a court to be hold for he ought to procure a court to be hold wherefore it be  adjudge for the plaintiff
case fletcher all versus stone Julii one die indebt by mortgage with a bind to  perform covenant and owe other debt on bind the personal estate shall be apply  to pay off the bonddebt in the first place Theophilus Tilden mortgage his land  to Weldesh for pound and give bind for performance of covenant and become also  indebt to the plaintiff by bind and by will devise his land to the defendant  and his heir the defendant have marry his daughter and also make he executor  who will exhaust the personal estate to pay off the mortgage so as to leave no  asset liable to the plaintiff bind account decree of the personal asset and no  allowance to be thereout make in respect of the bind for performance of  covenant in the mortgagedeed there be also a mortgage to one reader Weldesh  have receive of Tilden before his death which be order to be bring into the  account and to be take as asset of Tildens estate and the judgement on the  bind for performance of covenant and the mortgage to Weldesh and reader be not  to be allow as pay by the defendant to sink the asset but the land ought to  bear the same and the defendant be order to pay the plaintiff their cost both  at law and in equity out of his own estate that June Reg lib a fol on the head  of marshal asset vide Sagitary v hide ante Vol Porey v marsh ante Vernon  chancery case er p
case flood against penington Michaelmas term Elizabeth roll if a sheriff  return to know fociA tenenuns a can plead nontenee ante keb Mod roll Rep Mod  ld raym salk Scirefacias upon a judgement in debt against terretenants the  sheriff return qubd to know to make I b to hold One messua two c and that e  say I b come es and plead S that at he be not tenant against the return of the  sheriff it be thereupon demurrer and adjudge for the plaintiff that it be not  any plea and that the plaintiff may have take execution at his peril croak  Elizabeth hilary term Elizabeth in the common plea sir Edmund Anderson Knt  chief justice Thomas Walmslev Esq George Kingsmil Esq Peter Warherton Esq  justice sir Edward Cok Knt attorneygeneral sir Thomas Fleming Knt solicitor  general
case flower against RIGDEN Trinity term Elizabeth in the common plea if the  feoff of a seize let we the land pen a assize against the seize only the  termor may falsify the recovery post Henry pl Henry pl     light a replevin  the case be a seize feoff a stranger and after the disseizee buy a assize  against the seize only and the feoff pWnding the assize let the land to the  plaintiff the seize plead to the assize nul tort nul seize c and find against  he whereupon the disseizee recover the question be if the termor for year  shall falsify his recovery that be to say that the defendant in the assize ne  seize pas?And it be agree by the court that he may for the termor here do not  claim by he against who the recovery be have and there be no doubt that the  freehold out of which the term be derive be not recover and the croak  Elizabeth er p freehold be not bind by it and the doubt at commonlaw a be if  the termo may falsify where the recovery be against the lessor but it be never  doubt but that where a recovery be not against the reversioner but against a  stranger which have nothing in the land but that the lessee may falsify in  point try and so be I Henry pl and it be a rule that every stranger to a  recovery may falsify for he can have error or attaint if he come not in pen  the writ by he against who the recovery be for then he be bind and afterward  it be so adjudge that he may falsify in the point try
case flower case a action lie for say of a midwife many have perish for her  want of skill hetley cro James ld ray Cowp term Rep action upon the case  whereas she be a midwife and have use that art for diverse year and by that  mean gain much maintenance for herself and family that the defendant have  communication of her and her profession speak these word of the plaintiff many  have perish for her want of skill  And after verdict be move in arrest of  judgement that these word be not actionable it be adjudge for the plaintiff  for she have a profitable gain by that function and therefore those word may  be prejudicial
case FODEN versus Howlett eoden die in court Lord chancellor Eq can ab pl S c  a daughter of a freeman marry without her father consent lose her orphanage  part unless he be reconcile to her before his death Lord chancellor if the  daughter of a citizen of London marry in his lifetime against his consent  unless the father be reconcile to her before his death she shall not have her  orphanage share of his personal estate and it will be unreasonable to take the  custom to be otherwise vide Harvey v Aston atk common S c
case FOLCOT against ridge if a modus he find though it differ from the  suggestion the verdict be good ante term Rep prohibition for sue for tithehay  upon fifteen acre of land ten acre of meadow and seven acre of pasture and  surmise that he and all those c time out of mind pc have use to pay fourpence  yearly in satisfaction of all tithe of bay cut there c and issue upon it the  jury find the prescription but that part of the land be never move but show  not what part in certainly the question be if this verdict he certain enough  and for who it be found?And it wonder as adjudge for the plaintiff for both  party be agree that all the land have been mow and the find contrary to it be  void and the verdict be certain enough
case FOLJAMBS case a assize abate for the not come of the justice on the  adjournment day Henry pl theol u c dyer   light hawk dougl tell Rep a vide Ann  c a for the kind of action which survive against a executor see Cowp b say  vide post contra croak Elizabeth er p a assize be arraign before justice mead  in his circuit and be adjourn to the second Saturday in Michaelmas term to  sergeantsinn in fleet street and day be then give to answer that term be keep  at Hertford and a day be give to the party to answer the second Saturday in  Hilary term be now move it be hold clear that the assize be discontinue by the  not come of the justice the first day and the party be put to a resummons  against the juror and a new attachment against the defendant and to begin of  new to arraign his assize ass Keilw brook this de pro
case folk against child a panel for one action annex to the distringa for  another be a error aid by the verdict ante post cro car   b   a roll ab Jones  Bulst roll Rep strange Barnard ejectment against William child after verdict  it be move in arrest of judgement that the distringa be between folk and Johan  child and upon examination it appear that the writ be so but the panel annex  be entitle nomina a swearer inter Richard folk et Willieemum child and the  juror be the same person who be return upon the venire facias the truth be  that there be two record of nisi prius and two distringass the one betwixt  Richard folk and William child and the other betwixt Richard folk and John  child and by the sheriff misprision that panel which be betwixt Richard folk  and William child be annex to the writ of distringa betwixt Richard folk and  John child and this only be try and not the other issue the question be  whether it may be amend or aid by the statute of Jeofails and it be resolve  that it be aid by the say statute and it be as if there have not be any writ  at all wherefore it be adjudge for the plaintiff
case ford against brook in justification of word the venire shall he where the  justification arise post vern sand action for call he a perjure person at d in  Essex the defendant justify for that the plaintiff be perjure in his answer in  chancery at Westminster in the county of Middlesex and so justify the word at  d the plaintiff reply de in and sudpro pride the venire facias by the award of  the court be direct to the sheriff of Middlesex for the justification arise  there and the word be confess a but now the James c give aid after verdict  where the visne be award out of too many or too few place in the county name  the pound car c go further and cure the visne whole if the cause be try by a  jury of the proper county and the pound of Ann c in civil suit and Geo c in  penal action direct that every v venire facias shall he award from the body of  the county in which the action be triable see hark   light a n croak Elizabeth  er p
case ford against hunter misrecital of a statute post cro car Lut Plowd dyer  stram fort Com dig Bac Abr hawk dougl action of debt be bring upon the statute  of Elizabeth c for cost in a ejectment the plaintiff be nonsuit and suppose  the statute to be make ad parliament to stretch year octavo Elizabeth whereas  the parliament begin year quint and by prorogation be hold in octavo Elizabeth  so it ought to have be ad sitting parliament tent year octavo Elizabeth and  for this cause after demurrer it be rule to be ill and judgement be give  against the plaintiff
case ford against ossulston refer to winter v perratt Cl fin do d angel v  angel Q b a devise to my own right heir male for ever shall extend only to the  heir male of the body of the testator and not to a collateral heir S c salk a  devise be to a man with several remainder and a remainder over to the heir  male of the devisor the question be whether a collateral heir male can take by  this devise and the court be clear he can not and the testator not have a heir  male of his body at the time of his death they hold it a void limitation a it  be say by Parker Lord chancellor in the case of daw v Ferrer Peer wms which be  precise similar to the present case that this be so determine at trial at bar  in every court in westminsterhall and appear to be so very plain a case that  in the king bench the plaintiff own counsel will not ask for a special verdict  Prec Chan a and say in the king case of a grant to the heir male it be void  but in that of a common person it be a fee and the word male be idle for heir  male c in a will be always intend of the body and imply a estatetail b see  Counden v clerk hob Southcot v Stowell Mod S c Freem S c Mod starling v  Ettrick Prec Ch daw v Ferrer Peer wms brown v Barkham stram will v palmer burr  S c black Rep gwynne v hook viner pl and see Mr hargrave note to   light b b  modern report er p Qure see the case of Pybus v Mitford c c lev raym vent Mod  keb Freem c
case ford against rider a misprision in the return of the v venire facias be  aid by Elizabeth c dower after verdict for the plaintiff it be move in arrest  of judgement that the v venire facias by the roll be award returnable pasch  but the writ itself be make retui nable Trin and so no v venire facias warrant  by the roll and that it be not aid by the Elizabeth c but all the court hold  it to he within the statute andihat for such a misprision judgement shall not  he stay after a verdict see car c and Ann c
case ford against roll a administrator not liable to cost on Elizabeth c on be  nonsuit in assumpsit upon a promise to his intestate cro car Sti corn dig Bac  ab Bac Abr assumpsit by the plaintiff as administrator of I S against the  defendant upon a promise make to the testator after issue the plaintiff be  nonsuit Golding for the defendant pray cost upon the Elizabeth c which give  cost against he that sue malicious but if the suit have be upon a bind or  record or shopbook and the money have be pay yet no cost for he have a ground  and colour of suit the court deny to give cost for it can be say to he sue  malicious be for another neither can it he know but the plaintiff have colour  to sue
case ford case a information will not lie against a churchwarden for not  collect briefmoney SC stram Kettleby move for a information upon the statute  Ann c against ford sole churchwarden of the parish of Sutton in the county of  Sussex for not go about the church to collect money upon a brief after it have  be duly read in the church in his hear by the Rev Mr Julius Bates minister of  that place and he cite the case of the king v Perkins Hilary term Geo a where  the court grant a criminal information upon that statute for bury in woollen  so in the case of the king v Harrison Trinity term b probin justice in those  case part of the money be for the revenue but in this case it be a private  charity and the method prescribe by the Act ought to be pursue this Act only  give a liberty to collect lee chief justice I see no reason to grant a  information unless you mean such a information as the Act mention or even a  rule to show cause in this case for the Act point out a method it be swear  that the churchwarden be at church do not go about to collect and if he have  be guilty of a breach of the Act you may punish he by indictment if you think  fit page and chapel justice be of the same opinion and the motion be deny by  the whole court modern trinity term the FourteenthSee burr SC pl note to d  edition a of George the second in the king bench sir William lee Knt chief  justice sir Francis page Knt sir William chapel Knt Martin wright Esq justice  sir Dudley rider Knt attorneygeneral sir John strange Knt solicitor general
case forest against ballard Michaelmas term pound Elizabeth roll want of  authority in the magistrate or not seal a statutemerchant accord tG the  statute be good cause to avoid it upon a hearing complaint but if the  declaration rely upon both it will he double and have Owen f n b d year Leon  see Bac ab and Geo c pale yellow ex hearing complaint to avoid a  statutemercbant acknowledge before the mayor of Nottingham surmise in his writ  two cause to avoid the statute the one that the croak Elizabeth er p mayor  there have not any authority to take such a statute the other quod scri tu  recognitum c non to be adorned with small figures cum seal regince de two  peciis proviso pro sigillatione set up Mercator upon this writ the plaintiff  count and allege these two matter to avoid the statute it be thereupon  demurrer and hold by all the court that for this cause the count be double and  vicious for although a writ of hearing complaint may comprehend diverse cause  for the avoidance of the statute yet the count ought to comprehend but one  cause or if it allege diverse cause yet it ought to rely upon one only to  which the plaintiff ought only to answer for doubleness be uncertainty and  inveigle the court and therefore it have be croak Elizabeth adjudge in  gascoyns case that a double plea be vicious in substance and if there he a  demurrer it needs not he show for cause notwithstanding the Elizabeth c but he  may well take advantage thereof without show it and it be hold by all the  court that either of these cause allege be sufficient to avoid the statute and  a hearing complaint lie in such case a and he shall not he put to sue a writ  of error to avoid it and although the statute be not enrol in two place nor  writ with the hand of the clerk which be a circumstance appoint by the statute  yet the ornitting of they be not a circumstance to avoid the statute wherefore  it be adjudge for the defendant
case forest who tam against wire a action lie in the court at Westminster upon  the statute of Elizabeth c but not a information debt upon the statute of  Elizabeth c for use the trade of a silk weaver in London not have be ah  apprentice seven year the action be bring in this court and lie I London and  try by nisi prius and a verdict for the defendant and now the plaintiff to  prevent the payment of cost move by Mr ware against his own action and say  that it will not lie upon this statute in any of the court of Westminster for  it be not only to be lie as here in the proper county but it be to be bring  before the justice in their session and this be by force of the statute make  Elizabeth c and James c which enact that all information upon penal statute  must be bring before the justice of the peace in the county where the fact be  commit but the court be clear of opinion that the action may be bring in any  of the court of Westminster who have a concur jurisdiction with the justice  and so they say it have be often resolve modern er p
case Forge against sale queen if in debt on bind against a heir with a profert  in curian the declaration can be amend in the omission of and my heir by the  mistake of the clerk who draw it Bac ab and the case there cite salk ld ray  Cromp prac stram burr will dougl term Rep term Rep debt upon a obligation  against the defendant for a hundred pound as son and heir of William sale and  declare that William sale by his obligation here show have oblige himself in  two hundred pound c and omit these word which be in the obligation et ad the  same loosing faciendum bind I et haeredes meo the defendant plead riens per  descent and it be find against he croak car he now move in arrest of judgement  that these word be omit it do not appear the heir be bind croak car er p but  it be pray on the other part that it may be amend because it be the mere  default of the clerk who have the obligation before he omit those word and the  clerk be examine confess that he have the obligation and instruction to draw  it against the defendant as heir and that it be a mere misprision of himself  Jones justice conceive it not amendable because it be the substance of the  declaration as where one declare in the debet et to hold off where it ought to  be in the to hold off only as Edward it be not amendable but myself and  Whitlock conceive it to be amendable it be mere the default of the clerk when  he have the obligation before he and the action be bring against he as heir  and so be be term in the obligation itself and it be mere the omission of the  clerk which be well amendable and hide chief justice incline to this opinion  but to avoid further question it be appoint to be amend by consent and that  the defendant shall plead de to make new
case fortescue against hext Hilary term Elizabeth rot word actionable action  for these word thou art a witch a enchanter a necromancer and a sorcerer and  thereby waste the cause of the death of my husband upon demurrer and read the  record without any argument adjudge that the action lie for by croak Elizabeth  er p Popham there can be more heinous word and by they the party be to suffer  corporal punishment notam the same term and roll hetween the same party action  for these word he be a witch and hewitched my husband to death for he make his  picture in wax and roast it every day by the fire until he roast my husband to  death upon demurrer Harris sergeant move that these word will not maintain a  action for when she show the cause of the word it appear to be a vain and fond  conceit and then no cause to call he a witch as to say thou art a thief for  thou have steal my evidence but the court hold the word very heinous and  actionable and it be so adjudge see the statute I James c and Geo c hawk p c
case FORTREY versus FORTREY show pl salk holt Eq can ab h pl S c in case of  judgement recover against a heir who have a reversion in fee which be only  asset cum to fall upon court will not decree a sale of reversion but the  creditor must wait till it fall where a man obtain judgement against a heir  who have a reversion in fee descend to he the judgement be only of asset when  to fall upon and the creditor can by a bill in equity compel the heir to sell  the reversion but must expect until it fall it be a gross inaccurate  expression in the law book where it be say that a reversion in fee be not  asset for though in such case the heir may plead riens per descent yet when  the reversion fall a Sci fa may issue on the judgement when c per Hardwicke  Lord Chan m S kinaston v clarke atk Vernon chancery case er p
case fosset versus austin Eq Abr c c tenant in tail suffer a recovery to let  in a mortgage of year and then limit to the old use and by will devise all his  land or payment of debt the equity of redemption of this mortgage hold asset  to satisfy creditor or for a subsequent grantee of a annuity tenant in tail  suffer a recovery to let in a mortgage of year and then limit the land to the  old use and make his will and devise all his land for the payment of his debt  the court think that the equity of redemption of this mortgage shall be asset  to satisfy creditor or a subsequent grantee of a annuity note the redemption  be limit to he his heir or assign
case foster against brown in common plea if slanderous word have relation to  another fact there must be a averment of that fact Yelv hut cro Elizabeth will  Bac Abr action for these word thou art as arrant a thief as any be in England  for thou have break up I S chest and take away forty pound after verdict it be  move in arrest of judgement because he do not aver that there be any thief in  England and the last word do not import any felony for he show not that he  steal any money or rob he of any money and therefore all the justice hold that  the action lie not for it be not to be croak James er p maintain by intendment  but by express word for the first word without a averment will not maintain  ail action and the word do not prove any felony to be commit for the money may  be take away and the chest break open upon pretence of title and in the midday  and presence of diverse and then it be not any felony Hobart chief justice put  the case if one say thou art a thief for thou have take away my corn action  lie not for the take may be lawful but if he have say for thou have steal my  corn action lie for it shall be intend corn thresh and not in the sheaf  wherefore it be adjudge for the defendant
case foster against burden venue can be change in to know facias upon  judgement in ejectment S c post the case be this judgement be give in  ejectment upon a demise of three year the defendant bring a writ of error in  the court of king bench and the defendant in error sue modern report out a to  know facias quare performance non to which the plaintiff in error plead that  he have pay two hundred pound in satisfaction of the term and damage and upon  issue join Chesshyre sergeant move to change the venue out of Yorkshire into  Middlesex but the court deny the motion because the ejectment be local and the  to know facias be ground thereon the venue can not be change a that the venue  can be change in local action see latch lev keb Carth W Jones salk Mod Mod a
case foster against Burdett the plaintiff can plead a sham plea to a to know  facias quare performance non on a writ of error S c ante the court will not  reject a assignment of error though evident for delay Writ of error out of the  court of common plea the defendant in error sue a to know facias quare  performance non de to which the plaintiff plead a sham plea in bar mason move  that the plea may be reject and per Powell justice though the plaintiff may  plead false plead in bar such plead not be within the statute Ann c for the  amendment of the law so modern report er p as to compel the party to make oath  of the truth of his plea yet since this to know facias be only to compel the  plaintiff to assign error the court will not suffer such plead whereby the  defendant be delay of his execution for if such plead be allow the court can  make a rule to assign error until the plea be determine modern report  therefore if upon two nihils or a to know to make return if the plaintiff do  not come and assign error or plead a good plea to the to know facias the court  will give rule to assign error or nonpross he upon the writ of error this plea  be reject at another day in this term the plaintiff assign his error which  appear to be no error and since it be only for delay the counsel for the  defendant move they may be reject but his motion be deny per cur holt chief  justice absent a it seem the court intend to let the original plaintiff have  his execution for want of assign error note to the former edition a
case foster against clement in assumpsit on a promise to save a obligor  harmless it be sufficient to state that the obligee implead he and recover  post cro Elizabeth Lut Cowp error of a judgement in a assumpsit in the common  plea for that the plaintiff declare whereas he be oblige in a obligation of  three hundred pound the a say vide cro Elizabeth Leon style side lev see also  Bac Abr and the case there cite croak James er p defendant assume to save he  harmless c and although he be implead upon that bind by the obligee and  recovery have per debt is owed law form et although often require the  defendant have not save he harmless c the defendant plead concord and it be  find against he and judgement give against he it be now assign for error that  the declaration be not good because it be not allege how he implead he and  recover but general implacitasset et recuperasset say non allocatur for that  be sufficient without show the whole record
case foster against inhabitant hundreder DSPECHOR et Isleworth easter term  James roll upon hue and cry on a robbery in division hundredorum notice to the  inhabitant of either of they be sufficient dyer Mod cro Elizabeth cro car Mod  salk hawk action upon the statute of Elizabeth c of hue and cry a suppose that  he be rob in such a highway in division croak throw hundredorum and that he  give notice thereof to the inhabitant of the hundred near to the place where  he be rob after verdict for the plaintiff it be move in arrest of judgement  that this declaration be not good because he do not show that the highway be  within any hundred and in truth it ought to be give to the inhabitant of both  hundred and so be diverse precedent that notice be give in such a place within  the one hundred to the inhabitant of the say hundred and in such a place in  the other hundred to the inhabitant of that hundred say non allocatur for if  notice be give to the inhabitant of either of they it suffice wherefore it be  adjudge for the plaintiff
case foster against pitfall land devise by a husband to a wife in tail general  with remainder to a stranger be not within Henry c post SC Leon   light   vern  Plowd palm cro James Com Rep Bac Abr in notorious facts cruise on recov  ejection form the case be one brook devise land to his wife in tail the  remainder over to another and die the wife with her second husband alien this  land by fine and die the question be if the son of the feme may enter upon  this alienation by the Henry c and all the justice hold that it be direct  within the word of the statute for that go to all estate in tail or for life  of the land of the husband or give by the ancestor of the husband but Wray c j  Clench and gawdy hold that this case be not within the intent of the statute  for the statute be only intend of land give by the husband or his ancestor for  the advancement of the wife and although this case be within the word yet it  not be within the intent of croak Elizabeth er p the statute the statute do  not extend to it and vouch Easton v stud a the remainder of this land be limit  to stranger and so shall not he intend to he for a jointure where no  inheritance be reserve to the baron or his heir and the meaning of the statute  be that she shall not prejudice the heir of the baron that the land shall not  descend to they but here upon her alienation nothing revert or descend to the  heir of the husband and so be clear out of the statute notam it be adjudge  Elizabeth that if the baron he seize of land in right of his wife and they  levy a fine and the conusee grant a rend to they in tail the baron have issue  die the feme alien the rend this be out of Henry c b for the rend come in lieu  of the land
case foster against smith a declaration in assumpsit must state the certain  cause of the debt vide ante   a cro James hob Noy Bulst side show Com dig Cowp  dougl assumpsit whereas the defendant be indebt to the plaintiff in seven  pound that in consideration thereof he promise to pay c the defendant plead  non assumpsit and find against he and it be move in arrest of judgement that  the declaration be not good because he do not show any cause of the debt  videlicet by bind or otherwise and although he have plead non assumpsit and it  be find against he yet the declaration be ill the verdict do not aid it it be  therefore adjudge for the defendant
case foster against walter a devise to a corporation be good though it be not  by their corporate name SC Leon   a blow dalis Owen Rep Ejectionefirmce the  case be Richard wager Edward do devise a message to a his wife for life  remainder to his son in tail and if he die without issue or he unthrifty that  it shall remain to the master and warden of the mystery of cordwainer London  whereas they be incorporate by the name of master warden and commonalty c the  question be if by reason of this misnomer of the corporation the devise be  void and it be argue by Daniel that it be and by Cooper contraThe justice hold  the devise good for by intendment the devisor have not counsel there nor have  cognizance of their name and be know usual by that name there be a sufficient  intendment corporation he do intend shall have it
case foster and PEACOM against io leonard Hilary term Elizabeth roll oak and  elm fall before they be of twenty year growth and birch of any age be tithable  post more r Abr Inst Plowd Brownl hob cro James bunb Mod burr attachment up on  prohibition against the defendant farmer of the parsonage of sevenoak in ken  for sue for tithe of great wood by the name of silva cdua against the Edward c  the defendant plead that for load of the tree they be of birch of which by law  he ought to have tithe as silva cdua and as to the rest which be of oak and  elm they be under the growth of twenty year upon the first it be demurrer in  law and upon the second plea they be at issue after argument upon the first  point by clerk and week of the one side and by full and Tanfield of the other  it be adjudge for the defendant that he shall have tithe of birch for birch be  not such wood as the statute intend by the name of gross bois for it be intend  of such wood as serve for building and other use of a high croak Elizabeth er  p nature and not only for fuel as the nature of birch be and of oak and elm  cut down before the age of twenty year tithe shall he pay for until that age  they be not of such value as the law regard for the purpose aforesaid  therefore as to the birch it be award he shall have a consultation he have  enter a non vult beyond attendance for the residue
case foster case a plaintiff may be nonprossed for not declare though the  defendant appear voluntary SC Mod S c salk one take out a writ and the  defendant voluntary appear and give notice to modern er p the plaintiff  attorney of bail file the plaintiff do not declare the defendant sign a non  proseq for want of a declaration see the statute car saint c S a and holt  chief justice hold it well enough
case foster versus foster see Kelsey v Kelsey l r Eq Nov Eq can ab pl pre Ch S  c devisee of a rentcharge out of land with power of distress die his executrix  bring a bill for the arrear decree that she may enter and hold and enjoy till  pay the arrear and cost Ant can foster the son seize of a estate at Bromley in  ken devise the same to the defendant and devise thereout per and to his father  Payable half yearly and in default of payment to enter and distrain and the  distress to detain until the arrear pay the plaintiff the widow and executrix  of the father bring her bill for satisfaction of the arrear and the master of  the roll decree the arrear with cost and charge and she to enter and enjoy  until satisfy though the Lord keeper this term dismiss the bill in the like  case between Champernoon and Gubbs
case Fothergill versus Kendrick Julii Eq can ab pl S g a recognizance be enrol  by the special order of the court after the time for enrol it be elapse the  conusor betwixt the date of the recognizance and the enrol of it borrow money  of I S upon a judgement which be now overreach by the recognizance and the  estate of the conusor be in mortgage prior to the recognizance so that neither  the recognizance nor the judgement can reach the estate without the aid of  equity the court incline to give the preference to the JudgmentCreditor a  recognizance be enrol by special order of court after the time for the enrol  of it be elapse but be now enrol that make the recognizance effectual from the  time of the date it so happen that the plaintiff between the date and the  enrolment of the recognizance lend money to the cognisor and take a judgement  for his security which now be overreach by this recognizance make good by the  subsequent enrolment and in regard the estate be in mortgage and neither the  judgement or recognizance can reach it without the assistance of a court of  equity the Vernon chancery case cognisor have only a equity of redemption in  he the court incline to give the preference to the judgement creditor that he  may not complain of wrong do he by the order for enrol the recognizance vide  Bothomley v Lord Fairfax p wms post S c
case foul against aston word not import a certain charge of some offence be  not actionable ante I   dig t Rep action for these word I be put out of the  parsonagehouse by foul the patron who be neither the queen friend nor a true  subject after verdict it be allege in arrest of judgement that the word be not  actionable and so it be adiudzed Elizabeth hetween burst and peck that these  word he be not the queen friend will not hear a action and afterward in this  term it be adjudge for the defendant that the word be not actionable
case foul against sander Trinity term James roll a prescription to lie log of  wood for fuel in the highway before the door of ancient house leave sufficient  room to pass be bad and though it be a public nuisance yet a person derive any  special damage may have a private action ante post march   light a roll ab cro  car keb Jones Carth salk ld ray Com dig Com dig Bac ab burr action upon the  case for lie in the highway in Coggeshall lead from Coggeshall to Braintree  diverse load of log whereby they much straiten the highway so as the plaintiff  upon the evening of such a day ride on the say way his horse stumble upon  those block and much hurt he for which c the defendant confess it to be a  highway but he say that the town of Coggeshall be a ancient will wherein all  the inhabitant there have ancient house use time whereof c to lie log in waste  place of the say way before their door for their fuel leave sufficient passage  for chariot horseman and footman and that he be seize in fee of a ancient  house and lie log for his fuel in the waste place of the highway leave  sufficient for passage of chariot horseman and footman c and the plaintiff  ride by the highway improvident turn his horse upon the block and fall c  whereupon the plaintiff demurrer and without much argument it be adjudge first  that the action well lie for the plaintiff because he have special damage have  cause to bring that action although the nuisance be a public nuisance Henry pl    a William case second that the prescription to make a nuisance be not good  for it be against law to prescribe in such manner three this prescription for  the inhabitant be not good wherefore it be adjudge accord
case foul vers Blackwell all in c b No one shall take against the heir without  a express devise to he vin Abr title devise c b pl burr in a action of  ejectment try at the Essex assize before justice Eyre upon the demise of one  Edward pate the case be this Richard Warner seize in fee of the land in  question have two son Richard and George and by his will devise in these word  videlicet I give to my wife jane all my freehold land in Canenden in the  county of Essex I be the land in question and after some other bequest he say  I give to my son George my freehold land in Canenden after my wife decease and  if it shall happen that my son George shall die before he attain the age of  year then the say land shall descend to my son Richard and his heir for ever  Richard be the old son and heir of the testator George be his young son by a  second wife George attain his age of and by his will devise the land to his  sister the wife of the defendant and her heir and then die in the life of jane  his mother the lessor of the plaintiff claim under Richard and it be refer to  Mr justice Eyre whether George have a estate in fee or only for life and it be  insist that George take a fee for if he have only a estate for life he take  nothing and the devise that Richard his heir shall take if George die under  age import that he shall not take if he do not die under age and so be the  opinion of sander sand a devise to the heir after the death of b give a estate  to b by implication h b Vaugh Leon dal Leon but by I Eyre here be no devise to  the heir of George and no one shall take against the heir without a express  devise to comens he judgement be give for the plaintiff
case fountain against coke the term be not extinguish by the lessee be tenant  to that praecipe S C Bac Abr S C vent   cro James roll Rep Mod Mod Mod Peer  wms Peer wms vern vern Abr Eq comens stram l stram ld ray skin Bac Abr burr  Cowp cruise on recov term Rep if a lessee for year be make tenant to the  praecipe for suffer a common recovery that do not extinguish his term because  it be in he for another purpose to which the whole court agree see the Henry c  S
case fountain against Grimes Michaelmas term James roll a bind to pay a  annuity for life be not usurious although it exceed the legal rate of interest  on the principal money for which it be give except there be a agreement for  the repayment of the principal post   cro Elizabeth show lev debt upon a  obligation of three hundred pound condition for the payment of twenty pound  per annum during the life of the plaintiff wife and son the defendant plead  the statute of usury and how he come to the plaintiff to borrow of he one  hundred and twenty pound croak throw accord to the rate of ten pound for every  hundred pound who refuse to lend the same but corrupt offer to deliver one  hundred and twenty pound to he if he will be oblige to a   b croak James er p  pay twenty pound ayear during his the plaintiff wife and son life a and  thereupon the defendant enter into the say bind for security of the payment of  the say twenty pound ayear to they which be above the rate of ten pound per  cent and so the bind suppose to be void whereupon it be demurrer after  argument on both side it be resolve that this be a absolute bargain in  consideration for the payment of twenty pound ayear during two life and no  agreement to have the principal money be out of the statute against usury but  if there have be any provision make for the repayment of the principal  although not express within the bind it have be a usurious agreement and lend  within the say statute and of this opinion be the whole court who adjudge it  for the plaintiff vide statute Henry cap and Elizabeth cap
case fountain against rogers thou art a rehel be not actionable ante roll ab  side action for these word thou art a rehel it be demurrer upon declaration  and without argument adjudge for the defendant that the word be not actionable
case fountain versus Cain and Jeffs at the roll where there be a decree nisi  causan against a infant on such infant come of age and before the decree make  absolute he may put in a new answer one seize in fee devise his land to his  wife for the payment of his debt and die leave a infant daughter and heir the  bill be bring by the creditor for the sale of the estate and the infant heir  make a defendant who answer by guardian and the estate be decree to be sell  the other defendant Jeffs be a purchaser under this decree which as to the  infant heir be only nisi causan afterward and before the decree be make  absolute the infant come of age move the master of the roll that she may be at  liberty to put in a new answer and thereby set forth her right to the premise  which as it be allege be not full do by the former answer peer William er p  but the counsel who move it not be full instruct and his honour think this  motion to be somewhat special order it to be move again accord at another day  the same motion be make the master of the roll say that he have be attend with  a case wherein his predecessor sir John Trevor upon a petition ex part only  make a order that a infant come of age may put in a new answer and that upon  better information peer William he understand it to be a matter of course and  that there be no other way than this for the infant to set forth his title  which he ought to have a opportunity of do that there be no reason why he  shall be bind by the answer of his guardian for that will be at the same time  that the court give he liberty to show cause to tie up his hand from show  cause so Napier v lady Effingham post Vol two Bennet v lee atk and exception  can be take to a infant answer Strudwicke v Pargiter bunb and see Copeland v  Wheeler bro c c Lucas v Lucas Ves savage v carol ba be
case FOWBERT against ekins it be no ground for a new trial that the postea be  partly destroy sir I Montague attorneygeneral move for a new trial in this  cause because the postea be eat with rat but the court deny it for there be  modern report part of it remain and particular the cost and damage write with  the party own hand modern report er p
case fowke against hunt grand child be not entitle to a orphanage part under  the custom of London SC vern in chancery it be hold and declare by Lord  jefferies that if a freeman of London die leave a wife and grandchild the  grandchild in such case shall not have the benefit of the custom of a  orphanage part but the wife shall have a moiety as if no child at all and this  upon the report of the recorder a
case fowke versus hunt Eq can ab c pl S c grandchild not entitle to a  customary share of a freeman personal estate by the custom of London a citizen  of London die leave a widow and no child but have several grandchild live at  the time of his death and the question be whether they be within the custom of  the city of London or not the Lord chancellor take time to consider of the  case and have consult the recorder and several of the alderman this day  deliver his opinion that the grandchild be not within the custom of the city  of London so Northey v Burbage pre Chan p wms S c salk anon show but note a  afterborn child shall come in with the rest of the child for a customary share  of a freeman of London personal estate Walsam v Skinner Eq can ab pl et vide  fowke v lewen ante p Vernon chancery case er p
case fox against CARLYNE entry congeable ante Brownlow the prothonotary show I  a record Trinity term Elizabeth roll in C b fox v Carline where upon a special  verdict the case be that one devise land for year to I S reddend et solvend S  annuatin at mich to I d and for nonpayment of that sum the heir enter suppose  that those word make a condition and that the condition be break and that he  therefore may enter and his entry be adjudge congeable
case fox against ink Hilary term James roll in debt on a statute staple if the  person name as clerk of the staple be not regular depute it be bad debt on a  bind to pay upon request be not support by evidence of a bind to pay at a  certain day cro Elizabeth Cowp the plaintiff after demurrer can discontinue  without leave of the court debt for eight hundred pound for that the defendant  per scribe suum obligatorium April Elizabeth cognovit see tender to the  plaintiff in eight hundred pound to loosen cum require be the defendant demand  oyer of the obligation which be enter in haec word of a statutemerchant  acknowledge at Salisbury make by he and three other joint and several to  loosen at the Feast of saint George the martyr year the defendant plead that  the clerk name to be the clerk of the statute there and to keep one piece of  the seal be not a clerk depute the plaintiff upon this demurrer and upon the  read the record it be move that this plea be insufficient which be not much  defend but it be show that the declaration be clear ill because he declare  upon a statute Obligatory to loosen upon request and it now appear to be  Payable at a day certain which be hold by the whole court to be a incurable  fault it be then move that the plaintiff may discontinue his suit for  otherwise he shall by that slip be bar of his bind and it be reply by the  court that the plaintiff after a demurrer can discontinue it without the court  be licence and croak throw although the continuance be not enter it may be  enter at any time and the defendant by licence of the court for his own  advantage may enter the continuance wherefore because the suit here be upon a  statute acknowledge thirtyfour year croak James er p since wherein the  defendant be but a surety the court give further day until the next term that  in the interim the party may treat and compound and that the defendant may  enter the continuance
case fox against lee Trinity term Elizabeth roll to bind for the payment of  money on several day certain plea of payment secundum form el execution  conditionisprcedid be good I Lut Bulst lev when the juror name shall he record  error of a judgement in Ludlow in debt upon a obligation the condition be for  payment of seventy pound sure at one day in the TempleCburch London and at  another day the defendant plead payment of the seventy pound at Ludlow  secundum form el execution condition be prcedictffl and issue take upon it and  find against he and judgement give for the plaintiff and two error be assign  first that he allege payment of the seventy pofinds accord to the condition  where he ought to plead several payment of thirtyfive pound at one day and of  the other thirtyfive pound at the other day and not to couple they together  but the court hold it good enough for when he plead payment secundum rmam el  foe execution condition be prcedictce this reddendo one one be as if he have  plead he have pay they several at the several day second error for that the  name of the ju rors do not appear of record but it be hold good enough for  that never appear where the jury be full of the principal pannel but where the  inquest be part of the principal pannel and part by tale de circumstahlibus  there the name of both shall he enter upon record and the judgement be affirm  a it be now settle that a release or a bargain and sale by a tenant in tail be  not absolute void but give a base fee voidable by the issue in tail salk  comens Mod Mod burr f croak Elizabeth er p