| 1409.067 |
1409 |
Common Pleas |
Trespass for felling trees and taking goods |
Trespas
Curia
Curia |
| Mich. |
11 |
Hen. 4 |
56 |
30a-31a |
Tremaine, John Sjt (for D)
Skrene, William Sjt (for P)
Tremaine, John Sjt
Skrene, William Sjt
Thirning, William CJCP
Skrene, William Sjt
'Curia'
Skrene, William Sjt
Tremaine, John Sjt
Hankford, William JCP
Tremaine, John Sjt
Hankford, William JCP
Hill, Robert JCP
Tildesley, Thomas Sjt Till.
Hill, Robert JCP
Tildesley, Thomas Sjt Till.
Colepeper, John JCP Culpeper
Hill, Robert JCP
Thirning, William CJCP
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Statham Triall 23, Estoppell 27
Fitzherbert Estoppel 99, Trial 37
Brooke Estopell 62, Trialles 25, Testmoignes 22 |
cross-referenced in 1366.032 = Hil. 40 Edw. 3, pl. 32, fol. 14b |
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| Briefe de Trespas des arbres coupes & biens emportes, fuit auterfoits port vers ii. & a cest temps |
67 |
One of two defendants came and justified that the place was his freehold.
Plaintiff replied that an ancestor of a defendant had leased to plaintiff's ancestor and released his possession.
Defendant pleaded 'not his ancestor's deed'.
Witnesses to the deed (lease) were summoned.
The other defendant came and justified as servant of the first defendant.
Defendant pleaded that plaintiff brought a prior writ of Trespass and defendant alleged a lease for life to plaintiff's ancestor.
Plaintiff demanded judgment for defendant's inconsistent pleading, claiming estate through a deed that defendant had denied.
Second defendant objected that he had no challenge of the inquest summoned after only the first defendant appeared.
New process issued against witnesses. |
Sjt Tremaine pur le defendant; vous n'averes my avantage de vostre nonsuit demesne; La Sir il n'est my merveil; il est reason que nous eyomus nostre challenge a l'enquest due doit passer sur nous
Sjt Skrene pur le plaintiff: Quel fine prist l'issue?; le primer issue ferra fine de tout le besoigne (= business)
'Curia': Non, ne parles plus d'icel. Sjt Skrene: Jeo vous provera clerement, si vous moy voille oyer
Et puis a auter jour en absence de Sjt Skrene, Sjt Tremaine demaunde judgment
Hankford JCP: cest trial ferra fine de tout le plee
Hill JCP: cest affaire un final trial del issue; tout serra trie per un mesme enquest; que serra inconvenient; ambideux enquestes fuere al barre a un foytes
Colepeper JCP: mittomus que il fuit en plee real
Thirning CJCP: Venire facias quoted 'qui nulla affinitate attingunt'; prima facie il ne put estre conus; process vers les tesmoignes 'quod est caput materiae' |
| Thirning CJCP: In every Venire facias that will issue, the Sheriff will be apprised between which parties the issue is taken, for otherwise it would be in vain to say in the writ 'qui nulla affinitate attingunt' |
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Statham Triall 23 was dated Mich. 9 Hen. 4 (ix for xi), and identified Sjt Skrene as counsel for defendant servant, who prayed another Venire facias; Hankford JCP replied that one Venire facias would make an end of all; Thirning CJCP agreed that the first inquest should be taken first, to be an end of all; and it was adjudged that defendant servant should have another Venire facias; but when Sjt Skrene (for D) prayed process against the witnesses in the deed which was denied by plaintiff, Hankford JCP replied that process was awarded against them on the prayer of the master, and defendant servant was not a party to the deed; Thirning CJCP said they would consider; well debated
Statham Estoppell 27 stated that defendant by Sjt Tremaine (Trom) argued estoppel, that Thirning CJCP said that since the issue was not tried, it would not estop plaintiff, and that the opinion was that defendant should pass over. |
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Appearance
Justification
Entirety
Freehold
Action
Title
Lease
Deed
Indenture
Ancestor
Release
Lease And Release
Possession
Witness
Process
Term
Servant
Judgment
Estate
Force
Receipt
Term of Life
Claim
Entry
Re-Ouster
Feoffment
Seisin
Demesne
Fee
Fine
Nonsuit
Advantage
Damages
Issue
Trial
Effect
Master
Venire facias
Business
Absence
Record
Disseisin
Sheriff
Return
Stranger
Party
Inconvenience
Villein
Freedom
Villeinage
Real Plea (category)
Formedon
Writ of Entry
Entry sur disseisin
Affiinity
Challenge of juror
Inquest
Prima facie |
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