1442.067 |
1442 |
Common Pleas |
Trespass for housebreaking |
Trespas
Opinio Curiae |
Trin. (or Mich.) |
20 |
Hen. 6 |
addit. 7 |
39a-39b |
Yelverton, William Sjt (for D)
Fortescue, John Sjt (for P)
Paston, William JCP
Fortescue, John Sjt
Ayscough, William JCP
Newton, Richard CJCP
all the Court |
Bonville |
Sir William |
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|
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P., Adam, lessor
G., lessee
F., remainderman
Alice, daughter of F.
Margery, daughter of F. and wife of defendant
B. (plaintiff?), son of F. |
K. |
|
Fitzherbert Colour 10 (not Mich.) |
19 Hen. 6, fol. 46b
14 Hen. 6, fol. 6
38 Hen. 6, fol. 7
27 Hen. 8, fol. 4 |
|
Sir William Bonville Chevalier porta brief de Transgressioun envers un W.K. Supposant per son brief que il avoit |
31 |
Defendant pleaded that the house was partitioned to defendant's wife, that another entered the house and enfeoffed plaintiff, and that defendant then entered in right of his wife and ousted plaintiff.
Plaintiff replied that defendant had not given plaintiff colour.
Argument about whether defendant had given plaintiff colour.
The opinion of all the Court was that defendant's plea was good enough without showing any other colour. |
Sjt Fortescue (for P): cest ad este common cours & ordre de pleder avant ses heures |
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Bonville, William, first Baron Bonville, 1392-1461, in Oxford DNB. John Fortescue was appointed CJKB on 20 Jan. 1442. |
Sjt Yelverton (for D): Adam P. was seised of this house and of another in his demesne as of fee, and leased both houses to G. for a term of his life, the remainder to F. in fee tail, then G. died, so F. entered in his remainder, and F. had issue Alice and Margery, and F. died; after the death of F. Alice and Margery entered as daughters and heirs, then Margery married defendant W.K.; then partition of the two houses was made between Allice and W.K. and his wife Margery, so that one house was allotted to the Alice and the other house, in which the trespass is supposed, was allotted to W.K. and Margery; then one B. entered in the house allotted to Margery, and enfeoffed plaintiff, on whom defendant W.K. in right of his wife Margery ousted plaintiff |
Knight
Supposition
Breaking
House
Housebreaking
Action
Seisin
Demesne
Fee
Lease
Term of Life
Remainder
Heir
Body
Fee Tail
Remainder in Fee Tail
Death
Entry
Issue
Daughter
Marriage
Husband
Partition
Wife
Allotment
Allocation
Purparty
Feoffment
Right of His Wife
Ouster
Demand
Judgment
Plea
Gift
Colour
Claim
Son
Congeable Entry
Permission (conge)
Disseisin
Stranger
Deed
Feoffor
Case
Speaking
Title
Sufficiency
In By Title
Assize
Manner
Common Course
Order
Order of Pleading
Understanding
Making of Title
Aid
Opinion |
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