The Reports of that Reverend and Learned Judge, Sir Henry Hobart, Knight and Baronet, Lord Chief Justice of His Majesty's Court of Common Pleas ...

INDEX.

tras both, and after a capias returned
non est inventus.

ERROR.

57 See Precedents. Judgment. Exchequer
Chamber. False Judgment.

4. The plaintiff may have an alias elegit,
or an elegit in divers counties, one after
after another.

5. May be sued for the residue, after part
levied by fieri facias.

Ib. 1. In fact may be assigned and examined
in the exchequer chamber.

58 2. Cannot be assigned by the death of any,
Ib.
not party to the writ.

Ib.

question.

16.

6. If upon an elegit nothing be taken but
goods, which are not enough, the plain- 3. Nor in any thing to draw the title in
tiff may have fieri facias.
7. If land in lease for three years be taken, 4. May be assigned in the death of the

which is not enough, quære, whether
now the elegit be peremptory.

58, 59

parties, or the like, where the writ is
Ib.

absolutely abated.

8. Though the writ of elegit be right, yet 5. Not helped by consent of parties. Ib.
if the entry of it upon the roll be wrong, 6. 'Tis error to deny the essoin where it

it is error.

EMBLEMENTS.

1. If tenant for term of years certain, sow 8. If trespass be brought against three,

2. If one tenant in common enter claiming
the whole, yet this will not dispossess
his companion.

16.
3. Entry of the lessor suspends the rent.

80
4. Cannot be for a condition broken by the
154

bailiff.

264, 265
19. Where a man may assign for error
that which is contrary to the record,
264, 265
and where not.

INDEX.

warranty, the tenant can have no more

327

essoins.

Ib.

20. Writ of error varying from the record

doth not remove it.

21. A writ of error bearing date the day 5. The essoin for an advowson is de placi-

after the judgment, cannot be defeated
by antedating the writ of execution.

ESCAPE.

See Audita Querela.

to terræ.

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.

ESTATE.

See Grants. Habendum.

304

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
202 2. In fee simple, or tail, by what words of
a will it may be created. See Devises.
1, 2, 3, 4, &c.

2. If the hab. corp. bear teste in the end
of one term, returnable in another, this
writ will not warrant the prisoner going 3. If feoffee with warranty suffer a recov-
at large in the vacation.

16.
3. If the prisoner walk abroad, and return

ery to the use of himself and his heirs,
his estate is not changed from the old
fee simple, but he may vouch still. 27

in the time of one sheriff, and escape in
the time of another sheriff, this is no 4. If tenant by priority and posteriority

escape in the time of the second sheriff.

Ib.

make a feofment of all his lands to his
own use, the priority and posteriority
remain as before.
27, 280

4. If one taken upon a cap. escape, and the
sheriff die, and a new sheriff be made 5. A feoffment to the use of 1. S. in tail,

this will not charge the new sheriff. 16. 6. Where he, who hath no estate at all in

6. The old sheriff remains chargeable 7. Where an estate made to a feme coverl

264, 272 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.
11. Tenant in tail, the reversion to the
277,278
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.
15. A disseisin of a tenant for life by the
lessor gains a quasi fee, during the life
of tenant for life, and why.

See W. 1. c. 43. Gloucest. c. 10.

1. Where the first vouchee may be es-
soined after an essoin of his vouchee.

2. Where the same tenant may have sev-
eral essoins in several respects. 46, 47

3. The form of the entry of the essoins. ESTOPPEL OR CONCLUSION.

323

1b.

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

either was a breach of the covenant not to do waste. Quære, if the verdict had been of ashes instead of oaks. 53

law, and not on the tenures in gavelkind, bor. English, or by possessio fra31

tris.

2. Where the confession of one defend- 6. Issue whether I. S. was taken by a caant shall not conclude the other.

3. Where the confession of two collectors

pias, evidence taken by an alias capias.

for a parish, in their acquittance, cannot 7. Issue whether A. were taken by a caconclude or bind the right of the parish.

67.

pias, at the suit of B., and evidence, a taking by capias at the suit of C., and then a delivery of a capias at the suit of B. to the sheriff, is good.

no confession of assets.

178 8. Issue was an account before R. and W.

5. Must be relied upon.

207

evidence and verdict an account before

6. Binds none but parties to it.

7. An estoppel enforced by necessity, 9. Issue was upon a prescription to tether

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.

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 I. 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.

ESTREPMENT.

1. The writ may be directed either to the tenant and his servants, or to the sheriff 85

or coroner.

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.
1b.

EVIDENCE.
See Issue.

1. Where, and upon what issue the fraud
of a conveyance may be given in evi-
dence, and upon what not.
72, 166

WHAT EVIDENCE SHALL BE SUFFICIENT
ΤΟ ΜΑΙΝΤAIN THE ISSUE.
See Failer of Records.

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

allow it.

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

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. Ib. 19. Upon issue feoffavit or non feoffavit, fraud cannot be given in evidence. 72 20. Upon issue non est factum, matter

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.

1b.

149, in margine.

EXECUTION.

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

Querela. Elegit.

as to the underwood is void, and extends 1. By elegit. See Elegit.

but to the great woods.

Ib. 2. Of lands in ancient demesne. Elegit. 2

6. The king may grant a manor adeo plene, 3. Divers executions sued upon a joint

except the advowson; not if it were ex-
pressly granted.

and several obligation.

Ib.

Ib. 4. Where he that is once discharged of
execution, shall never be taken again.
2,60

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

EXCHANGE.

Ib.

5. By scire facias, must be where the first

action was laid.

4, 196, 197

6. Of a dgment in a warrantia chartæ
cannot be sued till loss first sustained.
22, 23

7. But it may be sued, when a stranger
who has title brings no action, but en-

ters.

May be taken against all the lands of

which the warrantor was seised at the
teste of the warrantia charta.

Of a judgment upon a voucher, is only

against those lands of which the war-
rantor was seised at the time of the
23
voucher.

4. If the exchange be defeated, the in- 10. Where it shall cease against one heir,

cumbent is in pristino statu, upon his
first presentation.
142

EXCHEQUER.

I. The course and use of it is, that when
a purchaser of the king's debtor con-

1
59 1. If the executor for a time waste the

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.

goods, quære, how the creditor shall be
relieved after the time expired. 266

21. If joint and several obligors be sued
jointly, the same kind of execution must
be taken against all; otherwise when 2. The new executor may have an action
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.

against the former executor, who wast-
ed the goods; not against the vendee.

Ib.

60 3. How the executor for a time, in an ac-
tion brought against him, must plead to
to discharge himself after his time ex-
pired.
265

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.

4.
61 5.
Ib.

25. Of the body, is in law and nature the
best and most forcible.

26. And peremptory if the party die, or
escape.

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.

See Escape 7. His action in the detinet.
Where he may claim as assignee, and
where not.
9, 10

6. If the wife of the obligor be made ex-
ecutrix to the obligee, she cannot sue

her husband, but the action is suspend-

ed.

28. Where, after a fieri fac. which did im-
provide emanare, a supersedeas shall be
granted, and the execution made, 9. Recovers damages in a possessory tres-
though by sale of a lease, shall be dis-
charged.

sets.

10. An executor of his own wrong re-
mains still suable, though administra-
tion be granted to another.

49
3,4

11. See Assets.
12. The executors of him who dies in ex-

« السابقة متابعة »

كتب

The Reports of that Reverend and Learned Judge, Sir Henry Hobart, Knight and ...