Boston University School of Law

Legal History: The Year Books

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Seipp Number:
Year
Court
Writ
Marginal Heading
1414.023 1414 Formedon Formedon
Term
Regnal Year
King: Plea Number Folio Number
Pasch. 2 Hen. 5 20 4b
Serjeants/ Justices Plaintiff Surname Plaintiff First Name v. Defendent Surname Defendent First Name
Lodington, William Sjt (for D)
Hals, John Sjt (for P)
Other Plaintiffs Other Names Places Other Defendents
Henry II, King of England
John, King of England
A., W.
Alice
Abridgements Cross-References Statutes
     
Incipit (First Line) Number of Lines
Brief de Formedon supposant per son brief que les terres fueront grauntes, & rendus per 8
Process and Pleading
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.
Language Notes (Law French)
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
Abstract Context
Commentary & Paraphrase
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
Manuscripts Mss Notes Editing Notes Errors
Translations/Editions
Plea Roll Record Year Record Plaintiffs Record Defendants Last Update
0 0000-00-00
Keywords
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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