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Nor in any thing to draw the title in
question.

16.

Ib.

5. May be sued for the residue, after part
levied by fieri facias.
6. If upon an elegit nothing be taken but
goods, which are not enough, the plain-
tiff may have fieri facias.
7. If land in lease for three years be taken,
which is not enough, quære, whether
now the elegit be peremptory. 58, 59
8. Though the writ of elegit be right, yet
if the entry of it upon the roll be wrong,
it is error.
90

EMBLEMENTS.

1. If tenant for term of years certain, sow
the land, the lessor shall have the em-
blements standing at the end of the
term.
132

2. The executors shall have the emble-
ments sowed by the ancestor, and not
the heir.
232
3. If A. sow the land, and convey it to B.
for life, the remainder to C. for life, and
B. die before the land be reaped, C.
shall have the emblements, and not the
executor of B., notwithstanding his es-
tate was uncertain.
132
4. So if B. and C. doth die, A. shall have
them, and neither of their executors,
for they were at no industry nor charge.
In margent. 132
5. Lessee for years holds over his term,
sows the land, and dies, his executors
shall have the emblements of the now
uncertain termor.
Margent. 132

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4.

May be assigned in the death of the
parties, or the like, where the writ is
absolutely abated.

Ib.
5. Not helped by consent of parties. Ib.
6. "Tis error to deny the essoin where it

ought to be granted, not e contra. 47
7. Where the defendant may assign a
fault or error in that which makes for
his advantage.

37
8. If trespass be brought against three,
who sever in pleas, and judgment be
given against one, and nolle prosequi
entered against the other, all cannot
join in a writ of error; for 'tis not ad
grave damnum of all.
70

9.

The principal and bail cannot join in a
writ of error upon the several judg-
ments against them.

72

83

10. Communis error facit jus.
11. If there be error in the entry of the
elegit upon the roll, the taking out of a
good writ will not help the faulty roll.

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17. Where a writ of error and deceipt
may be brought upon one judgment. 218
18. Where the want of a bail is assigned
for error in B. R. it must also be alleged
that the party was not in custodia.
264, 265
19. Where a man may assign for error
that which is contrary to the record,
and where not.
264, 265

20. Writ of error varying from the record

doth not remove it.
327
21. A writ of error bearing date the day 5.
after the judgment, cannot be defeated
by antedating the writ of execution.
ESCAPE.

See Audita Querela.

329

1. To suffer a prisoner to walk into the
town, though with a keeper, it is an es-
cape, unless it be upon a hab. corp. from
a court of justice.

202 2.

Ib.

2. If the hab. corp. bear teste in the end
of one term, returnable in another, this
writ will not warrant the prisoner going
at large in the vacation.
3. If the prisoner walk abroad, and return
in the time of one sheriff, and escape in
the time of another sheriff, this is no
escape in the time of the second sheriff.
Ib.

4. If one taken upon a cap. escape, and the
sheriff die, and a new sheriff be made
for the remainder of the year, and then
the same person be taken by another
cap. for the same cause, and escape,
this will not charge the new sheriff. Ib.
5. In an action of debt for an escape, nul
tiel record is a good plea.
209
6. The old sheriff remains chargeable
with the escape of the prisoner in exe-
cution, till he have delivered him over
to the next sheriff.
268
7. If an executor bring an action of debt
upon escape, where the recovery is by
himself, it must be in the detinet only.
264, 272

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1. Where the first vouchee may be es-
soined after an essoin of his vouchee.
46
2. Where the same tenant may have sev-
eral essoins in several respects. 46, 47
3. The form of the entry of the essoins.
47

3.

warranty, the tenant can have no more
essoins.

Ib.
The essoin for an advowson is de placi-
to terræ.
304

ESTATE.

See Grants. Habendum.

1. If the disseisee enter upon the disseis-
or, and the disseisor reenter, the estate
of the disseisor is changed, and he is in
of another estate.
26
In fee simple, or tail, by what words of
a will it may be created. See Devises.
1, 2, 3, 4, &c.
If feoffee with warranty suffer a recov-
ery to the use of himself and his heirs,
his estate is not changed from the old
fee simple, but he may vouch still.
If tenant by priority and posteriority
make a feoffment of all his lands to his
own use, the priority and posteriority
27, 280
5. A feoffment to the use of 1. S. in tail,
the reversion to the right heirs of the
the feoffor, it is still a reversion in the
feoffor as before.

4.

remain as before.

27

27

6. Where he, who hath no estate at all in
the rent, may extinguish it by his re-
lease.
130

7. Where an estate made to a feme covert
vests till dissent, and where not till as-
sent of the baron.

8.

204
Where, and by what means an estate
of inheritance once vested may come to
be turned into a mere possibility. 257.
See Possibility.

9. Where a tail or base fee may cease for
a time after it is vested, and be in esse
again.
257,259

10. Where a fee simple may be turned
into an estate for life.
277,278
11. Tenant in tail, the reversion to the
king, grants to the king in fee; the king
hath but one fee simple in him.

323, 324
12. Tenant in tail, the reversion in the
king, or himself, is attainted of treason;
the king hath but one estate in fee. 324
13. Where an estate conveyed to the
same uses that the former estate was,
shall be said to be the old estate. 280
14. Land to a man and his heirs during
the life of I. S. is but for life.
323
15. A disseisin of a tenant for life by the
lessor gains a quasi fee, during the life
of tenant for life, and why.
Ib.

ESTOPPEL OR CONCLUSION.

4. After the vouchee hath entered into 1. Descends upon the tenure at common

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31

either was a breach of the covenant not to do waste. Quare, if the verdict had been of ashes instead of oaks.

law, and not on the tenures in gavelkind, bor. English, or by possessio fra

tris.

53 2. Where the confession of one defend- 6. Issue whether I. S. was taken by a caant shall not conclude the other. pias, evidence taken by an alias capias.

64

3. Where the confession of two collectors for a parish, in their acquittance, cannot conclude or bind the right of the parish.

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85 2. If it be directed to the tenant and his servants, and he or they do waste, they are imprisonable for contempts; not so when it is directed to the sheriff or coroner, though they have notice of it. lb.

EVIDENCE. See Issue.

1. Where, and upon what issue the fraud of a conveyance may be given in evidence, and upon what not. 72, 166 WHAT EVIDENCE SHALL BE SUFFICIENT TO MAINTAIN THE ISSUE. See Failer of Records.

2. Issue was upon a devise to 1. S. and his heirs, modo et forma, and the will given in evidence was found I. S. shall have all my inheritance, if the law will allow it.

2 3. Issue was upon a lease 5 Maii hab. a fest. Annunc. per 21 an. ex tunc et evidence et verdict fait de leas. 5 Maii habend. de festo Annunc. per 21 an. next ensuing the date of the indenture. 18, 19 4. Issue was N. unques receivor per maines I. S. evidence and verdict, a delivery from I. D. by the appointment of I. S. to the plaintiff's use.

36 5. Issue was taken upon felling 20 oaks, evidence and verdict was but 10, for

lb.

Issue was upon a prescription to tether horses ab et post festum P. evidence and verdict was in vigil. P. in festo P. die Luna in Sept. P. aut postea ad libitum.

64

10. Upon issue assets or no assets, seised or not seised, and one gave a feoffment in evidence, the other may give fraud in evidence.

72. 11. Issue was a lease 30 March, habend. from the Annunc. next before, for a year, evidence was a lease 25 March habend. from thence for a year. 73 12. Issue upon an alienation in fee, maintained by alienation in tail, or for life.

105

13. Issue upon these words, If Sir I. S. might have his will, he would kill the king,' &c. Evidence and verdict was, 'I think in my conscience if Sir 1. S &c. 180, 181 14. Issue upon a surrender, evidence must be an actual surrender; one in law will not serve.

203, 4 15. Unreasonable detainer is good evidence to prove a conversion in a trover. 187

16. Where the special matter may be given in evidence, and the general issue pleaded. 39 in margine. 135 WHAT EVIDENCE IS NOT SUFFICIENT TO MAINTAIN THE ISSUE.

17. Issue was upon the deed of the brother's warranty, and the evidence and verdict was a deed of the father, with warranty.

55

18. If the issue be upon a taking by a capias ad satisfac. and the evidence be a taking by capias utlag. or capias pro fine, with a prayer of the plaintiff that he may remain for his satisfaction. 19. Upon issue feoffavit or non feoffavit, fraud cannot be given in evidence. 20. Upon issue non est factum, matter

Ib.

72

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son.

108

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EXCOMMUNICATION.

3. Cannot alter that which was expressly
granted; secus, of that which was but 1. A people heretical may be excommuni-
implied.

170 cated.

4. Grant of a house and shops, excepting
the shops, is a void exception.

Ib.

149, in margine.

EXECUTION.

Querela. Elegit.

1. By elegit. See Elegit.

1

5. If the king grant land and underwood, See Scire Facias. 25 E. 3. 19. Audita
expressly, exceptis omnibus grossis ar-
boribus boscis et maremiis, the exception
as to the underwood is void, and extends
but to the great woods.
lb.
6. The king may grant a manor adeo plene,
except the advowson; not if it were ex-
pressly granted.
Ib.

7. A man may grant a manor, excepting
any of the demesnes and services, so as
a real manor, not a reputative, be left. lb.
8. A grant of all the lands in D. excepting
black acre, is void, if the grantor have
no more land in D.

EXCHANGE.

lb.

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2. Of lands in ancient demesne. Elegit. 2
3. Divers executions sued upon a joint
and several obligation.
lb.
4. Where he that is once discharged of
execution, shall never be taken again.
2, 60
By scire facias, must be where the first
action was laid.
4, 196, 197

5.

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10. Where it shall cease against one heir,
till it may be had against all.
11. Of a judgment in warrantia chartæ
can be sued but once after recompense
in fee had, otherwise upon recompense
for life.

28
12. Where several executions may be
sued upon several judgments in several

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16. Where execution may be had for part
by fieri fac., and for other part by cap. or
elegit.

58

17. If upon an elegit there be no execu-
tion but upon goods, which are not
enough, the plaintiff may have cap.; for
now it is in effect but a fieri fac. though
the word be elegit.

58
18. By elegit sued for forty pounds, nothing
taken but a lease for three years, of five
pounds per annum ; quare, if it be pe-
remptory, in regard that as to the re-
mainder there is nothing.
58, 59
19. If a man die in execution, his heirs or
executors are no farther chargeable.
52, 56, usq. 62
20. By cap. where it is no actual satisfac-
tion, but quasi satisfaction, and where
it is a full and final satisfaction. 59
21. If joint and several obligors be sued
jointly, the same kind of execution must
be taken against all; otherwise when
they are sued severally.
2,58
22. Where if one in execution escape of
his own wrong, he or his executors are
no farther chargeable.
60
23. May be taken on a statute, of body,
land and goods, at once or severally, one
after another.
Ib.
24. By cap. did not lie at common law,
save in trespass vi et armis.
61
25. Of the body, is in law and nature the
best and most forcible.
Ib.
26. And peremptory if the party die, or
escape.
60
27. Execution after a devastavit returned,
cannot be taken by fieri fac. into another
county, without a testatum fine first en-
tered upon the roll.
68
28. Where, after a fieri fac. which did im-
provide emanare, a supersedeas shall be
granted, and
the execution made,
though by sale of a lease, shall be dis-
charged.

lb.
29. Execution of a writ of inquiry. See
Damages.
9

30. Where the party may pray to have
the defendant, who comes in upon a cap.
utlag., charged in execution for his debt.,
where not.
115

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36. If several writs of scire fac. be taken
out against several ter-tenants in seve-
ral counties, and judgment be given
against some by default, and then all
the writs abate against all, quære, if the
plaintiff shall have execution against
any of these tenants, before judgment be
given for or against the other. 287
37. Where a writ of execution shall be
suspended, quia erronice.
328
38. What shall be an escape out of execu-
tion. See Escape.
1, 2, 3, 6.

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