| 1443.089 |
1443 |
Common Pleas |
Dower |
|
| Mich. |
22 |
Hen. 6 |
30 |
16a-16b |
Aysshton, Nicholas Sjt Asht' (for D)
Arderne, Peter Sjt (for P)
Newton, Richard CJCP
Arderne, Peter Sjt
Newton, Richard CJCP
Aysshton, Nicholas Sjt Asht' (mentioned)
Aysshton, Nicholas Sjt Asht'
Newton, Richard CJCP
Portyngton, John JCP
Arderne, Peter Sjt
Aysshton, Nicholas Sjt Asht'
Arderne, Peter Sjt
Newton, Richard CJCP
Aysshton, Nicholas Sjt Asht' (mentioned)
Portyngton, John JCP |
(widow) |
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B., hypothetical son
R., hypothetical son
Henry, donor |
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Fitzherbert Dower 5, Estoppel 39 (not 29), Issue 79
Brooke Dower 47 |
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| En brief de Dower Asht- dit, accion ne deves aver: car nous diomus que le plaintiff detient a nous chartres concernant |
20 |
Defendant pleaded that plaintiff widow detained defendant's charters concerning defendant's freehold, and if plaintiff widow would deliver the charters to defendant, defendant was ready to render dower to plaintiff.
Plaintiff replied that defendant would not be received to say by excuse that he was ready to render dower, because defendant was essoined in this action.
Newton CJCP said that defendant would not be estopped.
Plaintiff replied that she did not detain any charters concerning defendant's inheritance, but only a lease from defendant's father to defendant for a term of life.
Newton CJCP argued that defendant must show with certainty what charters they were that plaintiff widow detained.
Defendant said that his general bar had always been good in this writ.
Newton CJCP and Portyngton JCP asked how the issue would be taken in this uncertainty.
Defendant showed a charter with certainty by which land was given to defendant's father.
Issue was joined. |
Newton CJCP: il sera enconter reason
Sjt Arderne (for P): Sir, le cas est tiel in 'rei veritate'; & diomus que en 'rei veritate' |
Newton CJCP: it would be unreasonable, even if he (defendant) were essoined, that he could never plead in bar; in your case the part of the indenture that was made to his father belongs to him (defendant) by reason (a cause) of the reversion which descended to him from the father; Sjt Aysshton's intent ( on behalf of D) was that the plaintiff ought to have said that she (plaintiff widow) did not detain any charter, and then he (defendant) would have replied that she (plaintiff widow) detained his charters, and showed which with certainty
Sjt Arderne (for P): the writ of Dower is brought against the son, and the father by his deed indented leased the same land to his son for a term of his life, and we (plaintiff widow) detain no other deed than this, so the son is in the land as purchaser, and as I understand he is held to render dower, unless she (plaintiff widow) detains charters concerning an inheritance which he has by descent
Portygnton JCP: then it was too late (for defendant) to enjoy the plea |
Action
Detaining
Charter
Concern
Freehold
Case
Delivery
Tout Temps Prest
Render
Judgment
Excuse
Damages
Receipt
Essoin
Reason
Against Reason
Pleading
Bar
In Rei Veritate
Rei Veritate
Reality
Son
Father
Deed
Indenture
Deed Indented
Lease
Term of Life
Purchaser
Purchase
Understanding
Inheritance
Descent
Showing
Matter
Denial
Sans Ceo
Part
Belonging
Cause
Reversion
Plea
Certainty
Detinue
Detinue of Charters
General Bar
Issue
Uncertainty
Ward (garde)
Guardian
Name
Gift
Intent
Reply
Lateness
Tardiness
Enjoyment |
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