1372.067 |
1372 |
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Waste |
Wast
Remitter |
Belknap, Robert Sjt (for D)
Tauke, William Sjt Tank (for P)
Tauke, William Sjt Tank |
Scarton |
John |
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Scarton, wife of John |
Oldcastle, John, defendant's feoffor
John, defendant's late husband |
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Brooke Waste 46
Brooke Remitter 8 |
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John Scarton & sa feme porterent briefe de Wast devers un feme, suppose que el tient a terme de vie de |
15 |
John Scarton and his wife brought a writ of Waste against a woman, supposing that she held for a term of life of their lease. The defendant said that John Oldcastle was seised of the tenements, and enfeoffed of them the said woman and one John, her husband etc., and the heirs of the husband. And then the husband enfeoffed the plaintiff in fee, who leased them to her for the term of her life, and her husband was dead, so she was in in her first estate and of the first lease; judgment of the writ, which supposed that she was in of the plaintiff's lease. The plaintiff said, judgment, since the defendant did not deny that the reversion belonged to him, and he could not have another writ, and the reason was that he should have the action that the heir of the defendant's husband would have in case that no demise had been made by her husband. The plaintiff said that the defendant would not be admitted (n'aviendr') to say that she was in of another lease, because previously he had brought a similar writ solely against the defendant in this Court (cieins), where the bailiff of the franchise came and had cognisance, and the woman who was now, pleaded in abatement of the writ, because it supposed that the lease had been made to her by herself, whereas he held of his lease and his wife, by the deed that he showed forth, the wife not named, and he demanded judgment of the writ, and then the writ abated, and the plaintiff demanded judgment if the defendant would be received to say that she held of another lease, which matter, if she wanted to deny it, he was ready to aver etc. |
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