| 1372.112 |
1372 |
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Praecipe quod reddat |
Praecipe quod reddat
Brief |
Fyncheden, William de CJCP Finch
Percy, Henry Sjt Persay (for vouchee)
Wychyngham, William de JCP Wichingham |
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Fitzherbert Briefe 78
Brooke Brief 78 |
cross-referenced in 1366.061 = Pasch. 40 Edw. 3, pl. 29, fol. 25a |
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| Praecipe quod reddat port vers un, & demaunde fuit certein terre, & en mesme le briefe per auter Praecipe |
11 |
| A Praecipe quod reddat was brought against one, and certain land was demanded, and in the same writ by another Praecipe there was a demand for so much land against another, who was vouched by the one in the first Praecipe, and entered into the warranty, and demanded judgment of the writ, because he said that what the plaintiff demanded against him was the same land that he demanded in the first Praecipe, in which he had entered into the warranty, so the plaintiff demanded one thing twice. Fyncheden CJCP said that the vouchee could not abate the writ for this that was in demand in the Praecipe of another, which was affirmed before by the tenant (defendant), and although he was tenant by his warranty, he would do this now no more than a stranger. The vouchee put the case that a writ was brought against him, and while the writ was pending, he enfeoffed another, and another writ was brought against him by the same demandant (plaintiff), and he vouched him to warranty, and he entered into the warranty, if he did not have the plea, he would lose the value twice. Wychyngham JCP said that it was necessary (Coment) that he be aided according to his case. |
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