| 1372.109 |
1372 |
|
Formedon in the remainder |
Formedon
Counterple de voucher |
| Fyncheden, William de CJCP Finchden |
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not Fitzherbert Counterple de voucher 24
Brooke Counterple de voucher 16 |
Hil. 25 Edw. 3 (counterplea of voucher, vouchee and his ancestors never had anything after the gift) (not found) |
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| Formedon port en le remainder, ou le tenant avouch, & le demandant counterpled, que celuy que est vouch, |
7 |
| Formedon brought in the remainder, where the tenant (defendant) vouched, and the demandant (plaintiff) counterpleaded that neither he who was vouched nor any of his ancestors had ever had anything etc. after the seisin etc., and he demanded judgment and prayed that the defendant be ousted from the voucher. Fyncheden CJCP said that the enrollment would be, after the seisin, that is to say the manner, and still all was to the same effect. And nevertheless the issue was taken, after the gift, (Latin begins) as in the Hilary term of the 25th year of Edward III (Latin ends), and this was the more natural issue, because it could be that the donee was at one time disseised after the gift, and that feoffment was made to him who was vouched, to which he recovered. |
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