| 1443.123abr |
1443 |
|
Debt on an obligation |
|
| Pasch. |
21 |
Hen. 6 |
Statham Barre 41 |
34a |
Statham Barre 41
Fitzherbert Dett 45 |
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|
| En dette sur obligacion verz deux, l un plede le release le plaintif l autre dedi le fait & trove que le plaintif auer release |
3 |
One defendant pleaded a release from plaintiff.
The other defendant denied the deed (pleaded 'not his deed').
It was found that plaintiff had released, and that the obligation was the deed of the second defendant.
The opinion (of the Court) was that plaintiff should recover against the second defendant, because the second defendant took no advantage by the release. |
| et que le obligacione fuist le fait l' autre et l oppinione que le plaintiff recover verz luy pur ceo que il ne prist nulle avantage per le release &c. |
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Fitzherbert Dett 45, fol. 233r, dated this Trin. 21 Hen. 6: note Debt on an obligation against two, one pleaded release and the other 'not his deed' (nient son fait) if the release be found against the plaintiff and (it be found also) that it was the deed (of) the other (defendant), yet the plaintiff (will) recover against he who denied the deed, because he had waived (weive) the advantage of the deed (of release), I (the reporter Fitzherbert) believe the contrary |
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Obligation
Pleading
Release
Denial
Deed
Finding
Opinion
Recovery
Advantage
Taking Advantage
(Not His Deed)
(Nient Son Fait)
(Waiver)
(Belief)
(Contrary) |
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