| 1443.093 |
1443 |
Common Pleas |
Waste |
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Markham, John Sjt (for D)
the Court
Markham, John Sjt
Danvers, Robert Sjt Davers (for P)
Markham, John Sjt
Newton, Richard CJCP
Danvers, Robert Sjt Davers (mentioned)
Markham, John Sjt
Danvers, Robert Sjt Davers
Newton, Richard CJCP
Markham, John Sjt |
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Fitzherbert Wast 48
Brooke Waste 93 |
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| En brief de Wast Le wast fuit assigne en un meason, xx querks, xl carrecte de argele. @ Mark |
18 |
Plaintiff assigned waste in a house, 20 oaks, and 40 cartloads of clay.
Defendant pleaded that clay could not be called waste.
The Court said that it was waste becaue the soil was impaired by default of the clay.
Defendant pleaded as to the house that it was ruinous and putrid and would have fallen down, so he tore it down (razed it) and built a new house, and as to the oaks he felled them for timber to build the new house, as posts, spars, and panes, and as to the clay he dug it in the soil to support the house.
Plaintiff said by protest that the house was not ruinous and putrid, and replied that the new house was of (smaller) dimensions than the old one and that defendant had acknowledged waste.
Defendant rejoined that the new house was as good and profitable as the old house was.
Newton CJCP agreed with plaintiff that the new house need be as long and as wide as the old house.
Defendant rejoined that defendant tore down the house by the will and agreement of plaintiff and made the new one as good and profitable as the other was.
Plaintiff maintained his reply.
Newton CJCP said that plaintiff's reply was good.
Defendant prayed judgment and prayed that plaintiff be barred.
The parties demurred in judgment
Nothing more was entered except a leave (permission) to imparl. |
(for P): un meason, xx querks (= oaks), xl carrecte (= cartloads) de argele (= clay)
Sjt Markham (for D): Argele (= clay) ne poet estre dit wast; Quant al' meason il fuit si ruinous & putride, que il voile aver eschew, purque il le rase, & ceo fist de novel; & quant a' s querks il eux succide pur timbre al' meason, & mist meme cel' timbre sur le meason come en posts, sparres, & panis; & quant al' argele il cest few (=dug) en le soil pur port (= support, foundation) al meason
Sjt Danvers (for P): per protestation que le meason ne fuit ruinous & putride: mes pur ple l' ancien meason fuit de longure xlviii pieds, & xl de latitude, & ceo que il ad de fait novel est de longure xlviii pieds: purque entant que il conust le wast, prions que il soit atteint, &c.
Newton CJCP: Coment poet estre entende que un meason de xlviii pieds de longure, & xl pieds de latitude accordant sera de si grande valu & profitable, come un meason qui est de longure lxxx pieds, & latitude accordant?; Et come Sjt Danvers ad bien dit, quand le defendant rase le meason, cest fuit son foly: car en cest cas il covient luy de faire le novel meason tant de longure & de latitude come l' auter fuit: mes si le meason avoit eschew per ruinous oustre, & il avoit fait unnovel meason, adonq ne luy covient de faire le novel meason accordant al' l' auter meason |
Sjt Danvers (for P): the old house was 48 feet long and 40 feet wide, and this that he (defendant) had newly made was 48 feet long, so inasmuch as he has acknowledged the waste, we pray that he be attaint
Newton CJCP: How can it be understood that a house of 48 feet of length and 40 feet of width 'accord-' will be of as great value and profit as a house that is 80 feet long and wide accordingly? As Sjt Danvers (for P) has well said, when the defendant tore down (rase) the old house, this was his folly: because in this case he must make the new house as long and as wide as the old one was: but if the house had fallen down (eschew) |
Assignment
House
Oak
Cartload
Clay
Soil
Impairment
Default
Ruin
Putrescence
Rot
Falling Down
Razing
Tearing Down
New House
Judgment
Action
Felling Tree
Timber
Digging
Foundation (port)
Support (port)
Protest
Plea
Old House
Length
Foot
Width
Acknowledgement (conust)
Confession (conust)
Attaint
Attainder
Good
Profit
Understanding
Accord
Value
Folly
Case
Building
Will (volunte)
Agreement
Pleading
Bar
Demurrer
Demurrer in Judgment
Entry
Leave (conge)
Permission (conge)
Imparlment |
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