| 1372.117ass |
1372 |
Assize in Cornwall |
Novel disseisin, assize of |
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46 |
Edw. 3 |
Lib. Ass. 3 |
303b-304a |
Hengham, Ralph CJCP 1301-1309 Sir R. De Hengham (mentioned)
fellow Justices of CP (mentioned)
Percy, Henry Sjt Pers (for P)
Tauke, William Sjt Tank (for D)
Percy, Henry Sjt Pers
Tauke, William Sjt Tank
Wychyngham, William de JCP & Assize J Wich |
Edm' |
Thomas |
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B., Gefr' of, grantee of life estate by fine
F., W. of, grantor by fine
Julian, remainderman in tail, mother of defendant Joan
A., J.'s sister, contingent remainderman in tail, plaintiff's mother
B., T., husband of Julian
Wike, party in cross-referenced case
Gernon, Monsieur J., party in cross-referenced case |
Cornwall, county of
Bradford in the county of Wiltshire
G. in the county of Cornwall
Wiltshire, county of
Essex, county of |
|
Brooke Trialles 92
Brooke Visne 98 |
1372.020 = Hil. (not Pasch.) 46 Edw. 3, pl. 20, fols. 6b-81 (assize of Wike in Common Pleas, same point)
26 Hen. 8, fol. 3
45 Edw. 3, Lib. Ass. 12
Post pl. 5, 1372.119ass = 46 Edw. 3, Lib. Ass. 5, fols. 304b-305b |
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| Tho. Edm' porte un Assise de novel disseisin. en le conte de Corn' devers W. Benedich, & Johan sa feme: |
22 |
| Thomas Edm' brought an Assize of Novel disseisin in the county of Cornwall against W. Benedich and his wife Joan, and made his plaint. The defendant said that there should not be an assize, because in the 38th year of Edward I (Avi Domini Regis nunc), before Hengham CJCP and his companion Justices of Common Pleas, a fine was levied of these tenements between one Geoffrey of B., plaintiff, and one W. of F., deforceant, by which fine G. acknowledged the tenements to be the right of W. as those which he had of his gift, and for this acknowledgment W. granted and rendered the same tenements to G. for his whole life, so that after the death of G. the tenements would remain to J. and to the heirs of her body, so that if J. died without heir of her body, the same tenements would remain to A., sister of J., and to the heirs of her body etc., by force of which fine G. was seised, and died seised, after whose death the said W. B. and the said J., now defendants, entered as daughter and heir of J. by force of the same fine, upon whose possession the plaintiff (who was son and heir of A.), to whom the second remainder was entailed by the fine, supposing the remainder in Julian and her heirs to be ended, entered and claimed by force of the second remainder, and the defendants ousted him. Judgment if there should be an assize for such ouster. The plaintiff said that, where the defendants justified their entry as daughter and heir of Julian, that could not be, because the same Julian took as husband one T. B., and the plaintiff said that this same Joan was born before the espousals between them. Ready etc. by the assize. The defendants said that the same Julian took the same T. as husband at Bradford in the county of Wiltshire, and there within the espousals this same Joan was born. Ready etc. by whatever the Court would award. The plaintiff said that she was born at G. in this county before the espousals, in the manner that he had alleged. Ready etc. The defendants said that the place where the espousals were made was in another county, which came from them, which espousals there the plaintiff did not deny. And also they had alleged the birth of Joan there, which matter they were ready to aver by whatever the Court would award. Therefore they could not take the assize upon this, but it was necessary to be tried by men of the county of Wiltshire, and the Assize of Wike in the Common Pleas in effect was pending in judgment on the same point. Wychyngham JCP said that it did not, because Monsieur J. Gernon had alleged the espousals and his birth in the county of Essex; Wike had not alleged the birth in the county where the Assize was brought, as the plaintiff had here. Therefore let the assize come. Query. |
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