AND HOW ACQUIRED. 5. THE TITLE, by his certain indenture of bargain and sale, bearing date the day and year last aforesaid, and made between the said C. D. the now defendant of the first part, the said E. F. of the second part, J. K, of the third part, N. O. of the fourth part, and P. Q. of the fifth part; which said indenture bearing date the day and year aforesaid, was then and there sealed with the seal of the said E. F. and was within six months then next following, to wit, on, &c. in due manner enrolled in the High Court of Chancery of our said lord the king, (according to the form of the statute in such case made and provided,) in consideration of the sum of 58. of lawful money of Great Britain, to him the said E. F. in hand then and there paid by the said N. O. he the said E. F. at the request and by the direction and appointment of the said J. K. testified as therein mentioned, did bargain and sell, and the said J. K. did grant, bargain, and sell, and confirm unto the said N. O. (amongst other things) the said manor of, &c. with the appurtenances, in the county aforesaid, to have and to hold the same to the said N. O. and his heirs and assigns, to the use and behoof of the said N. O. and his heirs and assigns for ever, to the intent and purpose that the said N. O. might become perfect tenant of the freehold of the said manor with the appurtenances. And it was thereby agreed that the said P. Q. should before the end of that present Easter Term, or of some other subsequent Term, sue forth a writ of entry against the said N. O. in order to have a recovery suffered of the manor of, &c. sur disseisin en le post. And that the said recovery when suffered should be and enure to the use of the said C. D. the now defendant, and his assigns, for and during the term of his natural life, and the remainder thereof to the use of the said J. K. his heirs and assigns for ever. And the said C. D. further says, that afterwards, to wit, in Term, in the year of the reign of our lord the now king, a writ of entry sur disseisin en le post, was sued out, and a common recovery in due form of law suffered, of the said manor, with the appurtenances, in pursuance of the said indenture, wherein the said P. Q. was demandant, against the said N. O. tenant, and the said N. O. vouched to warranty the said C. D. (the now defendant) who appeared and vouched to warranty the said J. K. who appeared and vouched to warranty the common vouchee, and a writ of seisin was thereupon awarded to the said P. Q. and the sheriff of the same county returned the same writ executed. As by the record and proceedings thercof remaining in the court of our said lord the king, of the Bench here, to wit, at Westminster, more fully appears. And the said C. D. further saith, that the said J. K. and all those whose estate he now hath, and at the said several times when, &c. had of and in the said manor, with the appurtenances, from time whereof the memory of man is not to the contrary, have had, and have used, and been accustomed to have and of right ought to have had, and the said C. D. who is so seised of the said manor, with the appurtenances, for the term of his life as aforesaid, still of right ought to have, &c. [Here the subject matter of the prescription was stated.] The recovery. [* 274] 5. THE TITLE, AND HOW [275] [After stating that R. H. and M. by fine became seised, proceed as follows; And the said R. H. and M. being so seised, N. Z. and ACQUIRED. J. M. afterwards, to wit, in the same term of Saint Michael, in the The like more year of the reign aforesaid, in the said court of the Bench, before fully pleaded (d). -, and his companions, justices of the Bench aforesaid, impleaded the said R. H. and M. in a plea of land of the aforesaid manor and ten. ements (amongst other things) by writ of the said lady the queen, of entry upon disseisin en le post, in the same court then returnable and duly returned, and the said R. H. and M. and N. Z. and J. M. parties to the said writ in the said court in due manner appearing, and the said R. H. and M. so being seised of the said manor and tenements, with the appurtenances, in their demesne, as of fee as aforesaid, the said N. Z. and J. M. *then declaring upon the said writ, in their proper persons demanded against the said R. H. and M. the manor and tenements aforesaid, with the appurtenances, (amongst other things,) by the names and descriptions aforesaid, as their right and inheritance, and into which the said R. H. and M. had not entry, unless after the disseisin, of which H. H. thereof unjustly and without judgment had made to the said N. Z. and J. M. within thirty years then last past; and whereupon they said that they were seised of the manor and tenements aforesaid, with the appurtenances, in their demesne as of fee and right in time of peace, in the time of the said then queen, by taking the profits thereof, to the value of, &c. and into which, &c. and thereupon they brought suit, &c. And the said R. H. and M. in R. H. and M. their proper persons, came and defended their right, when, &c. and vouch J. Z. thereupon vouched to warranty J. Z. gentleman, son and heir apparent of the said J. Z. esquire, which said J. Z. the son present then in court, by H. M. W. esquire, his guardian, which said H. M. W. was admitted by the said court of the said queen, to appear for the said J. Z. the son being then under age, as the guardian of the said J. Z. the son, the manor and tenements aforesaid, with the appurtenances, to them warranted, &c. and thereupon the said N. Z. and J. M. demanded against the said J. Z. tenant, by his own warranty, the manor and tenements aforesaid, with the appurtenances, in form aforesaid, &c. And whereupon they said that they were seised of the manor and tenements aforesaid. with the appurtenances, in their demesne as of fee, in time of peace, in the time of the said qucen, by taking the profits thereof, &c. and into which, &c. and thereupon they brought suit, &c. And the aforesaid J. Z. tenant, by his own warranty, defended J. Z. the son his right, when, &c. and thereupon further vouched to warranty R. H. vouches R. H. who was present there in court, in his proper person, and freely, the manor and tenements aforesaid, with the appurtenances, to him warranted, &c. And thereupon the said N. Z. and J. M. demanded the son. (d) This precedent is precisely as pleaded in Outram v. Morewood, 3 East. 346.-See the notes, ante, 272. 1 AND HOW ACQUIRED. [* 276 ] Judgment. Writ. 5. THE TITLE, against the said R. H. tenant, by his own warranty, the manor and tenements aforesaid, with the appurtenances, in form *aforesaid, &c. And whereupon they said that they themselves were seised of the manor and tenements aforesaid, with the appurtenances, in their demesne as of fee, and right in the time of peace, in the time of the said then queen by taking the profits thereof, to the value, &c. and into which, R. H. defends. &c. and thereupon they brought suit, &c. And the said R. H. tenant, by his own warranty, defended his right, when, &c. and said that the aforesaid H. H. did not disseise the aforesaid N. Z. and J. M. of the manor and tenements aforesaid, with the appurtenances, as the aforesaid N. Z. and J. M. by their writ and count aforesaid above supposed, and of this he put himself upon the country; and the aforesaid N. Z. and J. M. thereupon craved leave to imparle, and they had it; and afterwards the aforesaid N. Z. and J. M. came again there into court in that same Term, in their proper persons, and the aforesaid R. H. though solemnly called, came not again, but departed, in contempt of the court, and made default. Therefore it was then considered that the aforesaid N. Z. and J. M. should recover their seisin against the aforesaid R. H. and M. of the manor and tenements aforesaid, with the appurtenances, and that the aforesaid R. H. and M. should have of the land of the said J. Z. the son, to the value, &c. and that the said J. Z. the son, should further have of the land of the said R. H. to the value, &c. and the said R. H. in mercy, &c. And thereupon the said N. Z. and J. M. prayed a writ of the lady the queen, to be directed to the sheriff of the county aforesaid, to cause them to have full seisin of the manor and tenements aforesaid, with the appurtenances, and it was granted to them, returnable there, on, &c. At which day came there in court the aforesaid N. Z. and J. M. in their proper persons, and the sheriff, to wit, esquire, then returned that he by virtue of the writ aforesaid to him directed, on, &c. then last past, did cause the said N. Z. and J. M. to have full seisin of the manor and tenements aforesaid, with the appurtenances, as by that writ he was commanded, &c. As by the record and process thereof in the court of our said lord the king, of the Bench, at Westminster, now remaining, *appears. Which said recovery as to the coals and iron stone being within or under any part of the said lands and tenements in, &c. (except the coals and iron stone being within or under any of the messuages, buildings, orchards, and gardens, which were then standing and being upon any of the said lands or tenements,) with free liberty of ingress and egress into the said premises, in places convenient for the getting and digging for the same coals and iron stone, and for the stacking the same in places near where the same should be gotten, until they might conveniently be sold, or carried away, off and from the said premises, was had and suffered, to the use of the said J. Z. the father, for and during the term of fourscore years, if he so long did live, the remainder thereof to the use of the said J. Z. the son, and to the heirs male of his body lawfully begotten, and to be be Return. Uses of reco very. [*277] THE TITLE, AND HOW ACQUIRED. seisin of the gotten, and for default of such issue, to the use of the second, third, fourth, fifth, sixth, seventh, and eighth son of the body of the said J. Z. the father, begotten or to be begotten severally and successively, one after another, according to seniority, and to the several and respective heirs male of the body of such sons respectively, and for default of such issue, to the use of the said J. Z. the son, and to his heirs for ever, to wit, at, &c. aforesaid. By virtue of which said recovery, and Right of J. Z. by force of the statute made for transferring uses into possession, the the father, and said J. Z. the father, became possessed, amongst other things, of the reversion in said coals, with the liberties and appurtenances, thereto belonging, for J. Z. the son, &c. by virtue the term of fourscore years, if the said J. Z. the father, should so long of recovery. live; and the said J. Z. the son, became seised thereof in his demesne as of fee tail, the further remainder and reversion thereof belonging as before limited; and the said J. Z. the father, being so possessed, he the said J. Z. the father, afterwards, to wit, on, &c in, &c. to wit, at, &c. aforesaid, was created a knight by the said queen, which honour of knighthood the said J. Z. the father, then and there accepted. And the said Sir J. Z. afterwards, to wit, on, &c. in, &c. at, &c. aforesaid, died without any issue of his body, save the said J. Z. the *son, and the said J. Z. the son, being so seised as aforesaid, afterwards, to wit, on, &c. in, &c. at, &c. aforesaid, &c. [Lease and release by the son.] -- [278] to the use of tator; -presentment of will and ad [As to the statement of the premises being copyhold, and of the ad- 39. Surrender mission in fee, &c. of a lessor, &c. and of his seisin, see ante, 255, 6 ]— of a copyhold And the said E. F. being so seised of the said customary tenement, a will, with with the appurtenances as aforesaid, he the said E. F. by his at- death of testorney, in that behalf duly authorised, at that same court, did afterwards, to wit, on the day and year last aforesaid, according to the cus- bis death and tom of the said manor, in open court there surrender to the hand of mission of dethe said so then being lord of the said manor, by the hands and visee (e). acceptance of the said deputy steward by the rod, the said customary tenement, with the appurtenances, † to the use (ƒ) of such person and persons for such estate and estates therein, as he the said E. F. then already had, or thereafter should, in or by his last will and testament in writing, give, devise, direct, limit, or appoint the same, to wit, at the parish, &c. aforesaid. And the said A. B. further saith, that the said E. F. being so seised as aforesaid, afterwards and during the said term, to wit, on, &c. at, &c. aforesaid, he the said E. F. duly made and published his last will and testament in writing, signed by him the said E. F. and subscribed in the presence of the said E. F. by three credible witnesses, (g) and thereby devised the said reversion unto, &c. [State the terms of the devise.] And the said E. F. afterwards, (e) 4 Co. Rep. 22. b. (f) The uses are to be stated ac. cording to the effect of the surrender. (g) This does not appear to be neVOL. II. cessary-a will of copyhold not being 2 D ACQUIRED. [⚫279] court baron of 5. THE TITLE, and during the said term, to wit, on, &c. at, &c. aforesaid, died so AND HOW seised of the said reversion as aforesaid, without revoking his said will; and the said A. B. further saith, that after the death of the said E. F. and during the continuance of the said term, to wit, at a general then lord of the said manor, holden in *and for the said manor, on, &c. before (h) his steward of the court of the said manor, the homage of the said last-mentioned court then and there presented that the said E. F. died seised to him and his heirs of the reversion of and in the said customary tenement, with the appurtenances. And also then and there presented that since the last court the said E. F. died seised of the said reversion of the said customary tenement, with the appurtenances. And also then and there presented the said last will and testament of the said E. F. And thereupon the said A. B. came into the said court in his proper person, and prayed to be admitted to the said reversion of the said customary tene> ment, with the appurtenances, whereupon thel ord of the said manor at the said court so holden as last aforesaid, by his said steward, granted the said reversion of and in the said customary tenement, with the appurtenances, to the said A. B. to hold to him the said A. B. and his assigns, for and during the term of his natural life, by copy of the court-roll, at the will of the lord, according to the custom of the said manor. And the said A. B. was then and there, according to the custom of the said manor, admitted (i) tenant of the said reversion of and in the said last-mentioned tenements, with the appurtenances, in manner and form aforesaid. And thereupon the said A. B. then and there became and was seised (j) of the said reversion of and in the said lastmentioned tenements, with the appurtenances, for the term of his natural life, at the will of the lord, according to the custom of the said And the said A. B. being so seised, &c. 40. Surrender manor. [Same as the last form, to the † and then proceed as follows :] and the to the use of a reversion and reversions, remainder and remainders thereof, and all purchaser(), the estate, right, title, interest, claim, and demand whatsoever, either [ 280] at law or in equity, of him the said E. F. of, in, and to the same, and every part thereof, to the use and behoof of him the said E. F. his heirs and assigns. Whereupon at that same court came the said A. B. and humbly prayed to be admitted tenant of the said customary tenement so surrendered by the said E. F. as aforesaid, to whom the said last-mentioned lord of the said manor by the said last-mentioned deputy steward then and there granted seisin thereof by the rod, to have (h) The name of the steward must be stated, ante, 255. n. u. (i) As to the statement of the admission, 1 Saund. 146-7. Vin. Ab. Copyhold, U. b. and ante, 255. n. u. () As to the statement of an entry when necessary, ante, 256, n. w. Saund. 147. n. 2. 1 (k) See a precedent, 1 Saund. 146, 7. 3 Wentw. 449. 4 Co. 22. b. The uses are to be stated according to the effect of the surrender. |