Boston University School of Law

Legal History: The Year Books

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Seipp Number:
Year
Court
Writ
Marginal Heading
1286.007ss 1286 Common Pleas Aiel De ael
Term
Regnal Year
King: Plea Number Folio Number
(Trin.) 14 Edw. 1 1 112 SS 251
Serjeants/ Justices Plaintiff Surname Plaintiff First Name v. Defendent Surname Defendent First Name
Brompton, William of JCP Brumpton Somery John de
Other Plaintiffs Other Names Places Other Defendents
Somery, Robert de
Somery, John de, son of Robert and father of plaintiff John
Abridgements Cross-References Statutes
     
Incipit (First Line) Number of Lines
Nota par la ou Jon de Somery porta bref vers Adam de Somery de la mort Robert de Somery, cuntant ke 11
Process and Pleading
Language Notes (Law French)
se tynt eyns cum fiz e astrer (= hearthchild)
Brompton JCP: 'Qui tenet teneat, qui dolet doleat' (he who holds may go on holding, and he who complains may go on complaining); 'quia melior est condicio possidentis' (possession is nine points of the law)
Abstract Context
Commentary & Paraphrase
Brompton JCP: 'Qui tenet teneat, qui dolet doleat' (Latin maxim: he who holds may go on holding, and he who complains may go on complaining); 'quia melior est condicio possidentis' (Latin maxim: possession is nine points of the law)
Brand: In an action of Aiel, the tenant's warrantor claimed to have entered his father's lands after his death as his father's acknowledged heir apparent and hearth-child. It appears that this was accepted as a good answer to a claim to the father's inheritance by the son and heir of an elder son who had died during his father's lifetime.
(aiel)
Manuscripts Mss Notes Editing Notes Errors
CUL MS Dd. 7.14, fol. 266v
Translations/Editions
Paul A. Brand, The Earliest English Law Reports, vol. 2, 112 SS 251 (London 1996) (1286.7)
Plea Roll Record Year Record Plaintiffs Record Defendants Last Update
CP 40/63, m. 13 1286 Somery, John de Wingham, Master John of, Precentor of St. Paul's 2008-06-29
Keywords
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