| 1346.069rs |
1346 |
Common Pleas |
(Plea of land) |
Nota |
| Pasch. |
20 |
Edw. 3 |
28 |
RS 233-235 |
Willoughby, Richard JCP Wilby
Greene, Henry Sjt Grene (for P) (version 2)
Seton, Thomas de Sjt Setone (for D) (version 2)
Hillary, Roger JCP (version 2) |
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| Al Sequatur suo periculo retourne le tenant vient, et dit qe le demandant luy avoit disseisi puis la drein |
4 |
| Second version had 13 lines. |
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Summary: On the return of the sequatur suo periculo the tenant (defendant) appeared, and said that the demandant (plaintiff) had disseised him since the last continuance, and prayed judgment. Notwithstanding this, Willoughby JCP gave judgment that the demandant (plaintiff) should recover.
Summary of second version: A writ was brought against a husband and his wife. The wife, having been received to defend on her husband's default, vouched, and the vouchee made default after default. The wife said that the demandant (plaintiff) had entered upon the land demanded, since the last continuance, and was seised, and so had abated his own writ; judgment of the writ. The plaintiff said that the wife had vouched, and so put her answer into the mouth of another, and by the default of the vouchee she was in a position to recover to the value; therefore she had lost her answer, and the plaintiff prayed seisin. The wife said that she was a party, because she was not yet warranted, and therefore it was right that she have an answer. Hillary JCP gave judgment that the demandant (plaintiff) should recover against the tenants (defendants), and that they should recover against the vouchee to the value. So observe judgment given in favour of a man who made default. |
BL MS Harleian 741
Isham MS
LI MS 40 (186) (version 2)
CUL MS Hh. 2. 3 (version 2) |
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| Luke Owen Pike, Year Books of the Reign of King Edward the Third: Year XX (First Part), Rolls Series no. 31, part B, vol. 14 (London 1908), pp. 232-235 |
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