| 1367.012 |
1367 |
Common Pleas |
Praecipe quod reddat |
Brief |
| Hil. (not Mich.) |
41 |
Edw. 3 |
12 |
5a |
Meres, Roger de (alias Kirkton) Sjt Kirton (for P)
Cavendish, John de Sjt Candish (for D)
Fyncheden, William de JCP Finchden |
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Fitzherbert Briefe 532
Brooke Brief 46 |
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| En Praecipe quod reddat le tenant dit, quil ne fuist pas tenant jour de briefe purchase, eins que un A. fuit |
12 |
| In a Praecipe quod reddat the tenant (defendant) said that he had not been tenant on the day the writ was purchased, but one A. was tenant, against whom he brought a writ of Formedon of a gift made to his grandfather in fee tail, and recovered, and while this writ was pending, he had brought a Scire facias against the same A. upon the same judgment, and had execution, so he was in by act of law; judgment of the writ. The plaintiff said that, since the defendant had sued the Scire facias against A., which suit was his own act, thereby he had affirmed the writ good. The defendant said that when he had execution, he was adjudged in by descent from his ancestor, and if a writ were brought against him of certain land of which his father was tenant, and while the writ was pending his father died, and the land descended to him, the writ was abated. Fyncheden JCP said that the defendant said the truth, because there, he was in by course of law, and not by his own act, but when he had sued the Scire facias, this was his own act, by which he had affirmed the writ good, as if he had purchased tenements while the writ was pending. Therefore the writ was awarded good. |
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