| Mich. |
46 |
Edw. 3 |
10 |
25a-25b |
Percy, Henry Sjt Persay (for D)
Fyncheden, William de CJCP Finchden
Hanmer, David Sjt Hanmer
Fyncheden, William de CJCP Finch |
|
|
|
|
| /dette port des damages recover en un brief de Mortdancestor. @ Persay, Judgement de briefe, car les |
11 |
| Debt brought for damages recovered in a writ of Mortdancestor. The defendant said, judgment of the writ, because the damages were recovered as arrears of rent, which was of the same nature as the recovery of freehold, of which the suit should made by the Scire facias or by the Fieri facias, and not by a writ of Debt, because it did not sound naturally in debt, because there was no contract before, for which the debt would be maintained. Fyncheden CJCP said that when the party recovered the rent and the arrears with expenses (mises) and costs, this would be adjudged all in damages, and a chattel severed from the principal, so that the executors would have an action and not the heir, by reason of which he could elect his suit as an indebtedness (duity) of a chattel vested in his person, and such a writ had been maintained before now, and one would hve a writ of Debt for a recovery in court baron. A serjeant said that in case he should recover by this writ, he would recover damages for the withholding of money (deniers), which would be harsh law. Fyncheden CJCP said, was this not right (reason), when the defendant should have paid in time (per temps), and it was not, etc. |
|
