1414.023 |
1414 |
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Formedon |
Formedon |
Lodington, William Sjt (for D)
Hals, John Sjt (for P) |
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Henry II, King of England
John, King of England
A., W.
Alice |
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Brief de Formedon supposant per son brief que les terres fueront grauntes, & rendus per |
8 |
Demandant (plaintiff) claimed by a fine levied in the time of Hen. 2, granting a term of life and reversion in fee tail, and coveyed the descent from the reversioner to demandant.
Tenant (defendant) demanded hearing of the fine.
Demandant (plaintiff) replied that there was no need, because the writ was not taken on the fine.
The fine was not shown. |
per fine levy en temps le Roy Henry, pier le Roy John per un W.A. a un Alice pur terme de sa vie, issint que apres son decease mesmes les terres reverterent a l'avantdit W. & les heires de son corps engendres, & coveier le discent de le dit W. come heire; Et 'Vide' fine levy a cest jour en tiel forme n'est my de value, car le donor ou le grauntor ne puit resceiver a luy meinder estate en le reversion, qu'il aver adeprimes. s. fee simple |
And see that a fine levied at this day in such a form is of no value, because the donor or grantor cannot receive a lesser estate in the reversion than he had before, to wit, a fee simple. But if he (plaintiff) had brought Scire facias, he (defendant) would have had to show the fine.
The reporter stated that the old law allowed a grantor to convey to himself a lesser estate than he started out with, but the current law did not allow this. The same point was made by Hill JCP in 1413.072 = Trin. 1 Hen. 5, pl. [4], fol. 8a-10b |
Supposition
Grant
Render
Fine
Levying
King
Term of Life
Death
Reversion in Fee Tail
Conveyance
Descent
Heir
Hearing
Need
Showing
Form
Value
Donor
Grantor
Receipt
Lesser Estate
Fee Simple
Scire Facias |
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