Boston University School of Law

Legal History: The Year Books

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Seipp Number:
Year
Court
Writ
Marginal Heading
1270.002ss 1270 Common Pleas Replevin Prise de avers
Term
Regnal Year
King: Plea Number Folio Number
(Mich.) 54 Hen. 3 2 111 SS 9-10
Serjeants/ Justices Plaintiff Surname Plaintiff First Name v. Defendent Surname Defendent First Name
Pakenham, John of Sjt (for P)
Saham (for P)
Littlebury, Martin of CJCP
Littlebury, Martin of CJCP
Walton' (Wheatley) John of
Other Plaintiffs Other Names Places Other Defendents
de Turberville, John
de Turberville, Henry
Abridgements Cross-References Statutes
     
Incipit (First Line) Number of Lines
[Johan] de Walton' porta une prise de avers vers W. de Seynt Martyn. W. avoa la prise bone etc. par la 39
Process and Pleading
Language Notes (Law French)
Abstract Context
s.v. Saham, William of, c. 1225-1292, justice, in Oxford DNB.
Commentary & Paraphrase
Brand: A plaintiff could not counterplead the defendant's avowry for services in Replevin if he was not the tenant for whose arrears the defendant had made his distraint. The only plea open to him was that the defendant had distrained outside his fee. It was argued that an avowry for services should normally allege that the defendant or his ancestor had been seised of the services claimed at the hands of the tenant or one of his ancestors and that a lord could not avow for arrears or relief if he admitted not being in seisin of the homage owed by the same tenant.
(replevin)
Manuscripts Mss Notes Editing Notes Errors
CUL MS Dd. 7.14, fols. 387r-387v
Translations/Editions
Paul A. Brand, The Earliest English Law Reports, vol. 1, 111 SS 9-10 (London 1996) (1270.2)
Plea Roll Record Year Record Plaintiffs Record Defendants Last Update
KB 26/200C, m. 40d 1270 Wheatley, John of St. Martin, William de 2008-06-29
Keywords
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