| 1355.084 |
1355 |
Common Pleas |
Mortdancestor |
Mortdancester |
| Pasch. |
29 |
Edw. 3 |
[28] |
27a |
Stouf (for D)
Fifhide, William de Sjt Fiff (for P)
Stouford, John de JCP |
three coparceners |
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T., ancestor's son, felon |
W. |
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statute = Westminster 2nd (1285), 13 Edw. 1, ch. 25 (if party fails of his record in an assize of novel disseisin, he will be adjudged disseisor by his plea) |
| Trois coparceners porterent Assise de Mortdancestor. @ Stouf. pur le tenant pled' en barre, pur ceo que l'ancestre de que seisin |
9 |
| Three coparceners brought an Assize of Mortdancestor. The tenant (defendant) pleaded in bar, because the ancestor of whose seisin the demand was etc. had a son T., who committed felony, and survived the ancestor, so the blood was corrupted. Judgment if they should have the assize. And one of the demandants (plaintiffs) was of full age, and said that T. had died in the life of his father. Ready, and she demanded judgment and prayed the assize. And the two within age said that there was no such record. And upon this the tenant (defendant) was adjourned to have his record until etc. before himself at W., and he was demanded and did not come. The plaintiffs said that they released their damages and prayed seisin of the land, because the defendant had failed of his record, because now he should be said (abat') against them, and the seisin of their ancestor was now acknowledged. Stouford JCP said that the statute said that in an Assize of Novel disseisin, if a record failed, that he would be adjudged disseisor by his plea, but it was not so in other cases. Therefore the plaintiffs would have nothing except the assize at large to inquire into the points of their writ. And he gave a day in the country to the next session. |
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