1352.081ass |
1352 |
Assize |
Novel disseisin, assize of |
Assise
Disseisor |
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26 |
Edw. 3 |
Lib. Ass. 17 |
122b |
Fitzherbert Assise 237
Brooke Assise 262
Brooke Disseisor 42 |
9 Hen. 7, fol. 25 (twice)
Littleton Tenures fol. 160
37 Edw. 3, Lib. Ass. 8
5 Edw. 4, fol. 60
11 Edw. 3, Lib. Ass. 21 |
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Trouve fut per verdit d'Assise de novel disseisin que le pleintif avoit coup' arbres en son soil, &c. & le tenant que |
5 |
It was found by verdict of an Assize of Novel disseisin that the plaintiff had cut trees in his soil, and the tenant (defendant) who had common there said that the soil was his, and commanded him that he should not cut anything. Upon this the plaintiff went away (se dep'ty) and brought the Assize, where Shareshull CJKB said that a person who had no right could not be seised of freehold by words, but if he had the right (doit) to enter, and in coming towards the land if he were disturbed from entering, he was adjudged disseisor. For that reason the plaintiff by judgment took nothing. |
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