| 1340.222rs |
1340 |
Common Pleas |
Debt |
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| Mich. |
14 |
Edw. 3 |
24 |
RS 69-71 |
Thorp, Robert de Sjt R. Thorpe (for D)
Willoughby, Richard JCP Wilby
Thorp, Robert or William de Sjt Thorpe (for D)
Pole, Richard de la Sjt (for P)
Thorp, Robert or William de Sjt Thorpe
Derworthy, Hamon Sjt (for P)
the court |
Pavely |
Reginald |
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| Pavely, Alice, wife of Reginald |
Monthermer, Ralph (Rauffe) of, defendant's joint obligee with plaintiff Alice
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A., manor of
B., manor of |
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| Dette par R. Pavely et Alice sa femme. Et conta qe le defendant sobligea a Alice et un Rauffe de |
27 |
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A Reginald de Pavely was Sheriff of Wiltshire from 12 Oct. 1335 to 24 Jun. 1336. A Ralph de Monthermer assumed the title Earl of Gloucester from his marriage before Jul. 1297 to Joan of Acre, widow of Gilbert de Clare, until 23 Apr. 1307. s.v. Monthermer, Ralph de, first Lord Monthermer, d. 1325, in Oxford DNB. |
Headnote: Debt for R. and A., his wife, for that the defendant bound himself to A. and to one B., in case he aliened land so that his son did not have the inheritance. And he did aliene, so, &c. And exception was taken to the writ because the executors of B. were not named. And this exception was not allowed. And afterwards exception was taken because the obligor was still alive, so, &c. And afterwards a release of actions by B. was produced, and it was denied, &c.
Summary: Debt, brought by Reginald Pavely and his wife Alice. They counted that the defendant bound himself in 1000 pounds on the condition that if the defendant did not alienate his manors of A. and B., so that his son could have the inheritance of them after his death, then the obligation should lose its force, and that if he did alienate, it should stand good, and they counted that the defendant alienated the manor of B. to two chaplains after the death of Ralph, whereby an action accrued. The defendant said that the executors of Ralph were not named; judgment of the writ. Willoughby CJKB told the defendant to plead over, for an action was given to the survivor. The defendant said that the obligation was conditional, that is to say, if he alienated so that his son did not have the inheritance through him, and he himself was still alive so that his son might yet inherit; judgment. The plaintiffs said that was to the action. The defendant did not dare to abide judgment, and produced a release by Ralph of all manner of actions; judgment whether in opposition to the deed etc. The plaintiffs said that they showed that the action accrued to them after Ralph's death; judgment whether the law put them to answer to his deed. And then they did not dare to abide judgment, so they said that Ralph did not release by the deed, ready etc., for Reginald was a stranger. The issue was counterpleaded, because he could deny it as well as an executor could deny a release by his testator. And afterwards by consideration of the court they were at issue whether he released by the deed or not. |
IT MS 510
BL MS Harleian 741 (abridgment) |
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| Luke Owen Pike, Year Books of the Reign of King Edward the Third: Years XIV and XV, Rolls Series no. 31, part B, vol. 5 (London 1889), pp. 68-71 |
| Placita de Banco, Mich. 14 Edw. 3, Ro. 165 d |
0 |
Pavely, Reginald of
Pavely, Alice, wife of Reginald of |
Achard, Robert |
2005-12-11 |
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