| 1424.013 |
1424 |
Common Pleas |
Debt on an obligation |
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Cottesmore, John Sjt
'the sheriff'
Cottesmore, John Sjt
Rolf, Thomas Sjt
Babington, William CJCP
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Statham Processe 46, Executours 25
Fitzherbert Proces 63
Brooke Executor 8 |
cross-referenced in 1458.002 = 36 Hen. 6, pl. 2, fol. 2a-6b
26 Hen. 16, fol. 4
2 Edw. 4, fol. 4b
14 Hen. 4, fol. 12b
34 Hen. 6, fol. 4, 5b
34 Hen. 6, fol. 23
11 Hen. 6, fol. 9
5 Hen. 7, fol. 28
11 Hen. 4, fol. 5, 68
1458.002 = 36 Hen. 6, pl. 2, fol. 2a-6b, fol. 3, 4
9 Hen. 4, fol. 5b
21 Hen. 6, fol. 40 |
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| Brief de Debte de xx l. sur un obligation fuit porte vers un come vers executor d'un T.F. Qui pleda pleinment |
13 |
Defendant executors pleaded fully administered.
The parties were at issue.
The inquest found that defendant executors had goods to the value of 10 marks in their hands.
Judgment was given for plaintiff, that he recover what was found in defendants' hands.
The sheriff returned that defendants wasted all the testator's goods.
Babington CJCP told plaintiff to sue Capias against defendants. |
return: 'quod executores devastaverunt omnia bona testatoris'
Babington CJCP: per quel Jugement les executors n'avera nul corporal pene per le fait de lour testator: mes quand il est return que ils puis le Jugement ont vendu ou vaste les biens lour testator, jeo di que ils ont charge eux mesmes de lour biens propres. |
demand for 20 pounds. The inquest found that defendant executors had goods of the testator to the value of 10 marks (= 6 pounds, 13 shillings 4 pence)
After judgment for plaintiff, the sheriff returned that defendant executors had sold or wasted all of testator's goods since the judgment, so Babington CJCP said that defendant executors would be charged of their own goods to satisfy the judgment
1458.002 = 36 Hen. 6, pl. 2, fol. 2a-6b, Prysot CJCP or the reported said that Hil. 2 Hen. 6, in an action of Debt the plaintiff had judgment to recover from goods of the deceased, and on this had Fieri facias of goods of the deceased, on which the sheriff returned that the executors wasted all the goods of the testator etc. and on this the plaintiff prayed Capias against the executors, and had it immediately (maintenant) without any Scire facias |
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Statham Processe 46 dated this Mich. and added that plaintiff should have Capias ad satisfaciendum against executors. Statham Executours 25 also dated this Mich. and stated that defendant said that there was a co-executor not named in the writ. |
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Obligation
Executor
Pleading
Administration
Issue
Finding
Inquest
Hand
Value
Judgment
Recovery
Fieri Facias
Sheriff
Return
Waste (devastation)
Goods
Testator
Showing
Capias
Execution
Commencement
Death
Corporal Penalty
Sale
Charge |
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