| 1455.067 |
1455 |
Common Pleas |
Detinue of charters |
Detinue |
Littleton, Thomas Sjt (for garnishee)
Laken, William Sjt (for Ps)
Littleton, Thomas Sjt
Laken, Wiliam Sjt
Littleton, Thomas Sjt
Laken, William Sjt
Prysot, John CJCP Prisot
Laken, William Sjt |
husband |
second husband of Agnes |
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| Agnes, wife of plaintiff huband and widow of John Elianor |
Elyanore, Henry, grantor
Elianor, Jo., son of Henri & deceased first husband of plaintiff Agnes |
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Fitzherbert Garnish 11
Brooke Charters de terre 11 |
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| En briefe de Detinue de charterz portant per le baron & sa feme, Le defendant pria Garnishment, &c. |
29 |
Defendant prayed garnishment (of another bailor).
The garnishee appeared and pleaded that the charters belonged to him, and not to plaintiffs, because the garnishee was collateral heir to an relative who had the deeds and died without heirs of his body, and because plaintiff wife, who was widow of the garnishee's relative, had only a freehold (term of life) and with plaintiff (second) husband alienated in fee to a stranger.
Plaintiffs replied that this was no plea because the garnishee had not pleaded how the estate was granted jointly to the garnishee's ancestor and to plaintiff wife for a term of the wife's life, and had shown that plaintiff wife was still alive, so that during her life the charters belonged to her.
Defendant rejoined that when plaintiffs had alienated the land, then plaintiff wife's estate was terminated.
Further argument among counsel.
Prysot CJCP argued that the charters were not delivered to plaintiff wife jointly with defendant's relative (her first husband), but to him alone.
Plaintiffs imparled. |
Sjt Littleton (for garnishee): puis apres le dit Henry le pere delivera mesmes les charters al' dit John en salvacion de son enheritance; les chartres furent delivres al' baron 'tantum' per salvation de son inheritance
Sjt Laken (for Ps): jeo delivre le fait al' un 'tantum' per salvation de son inheritance
Mes Quaere, si deux moy disseisent, & jeo relesse a ambideux, & cest delivre a un, si l' auter aura le releas per l' survivor (= by survivorship); 'Credo quod sic': car ceo fait son title bon, & nul auter |
Sjt Littleton (for garnishee): one Henry Elianor (Elyanore) wa seised of certain land etc. in fee etc. and granted the same land to one John Elianor, his son, and to Agnes, his (John's) wife, to have to them and to the heirs of the said John, etc. by virtue of which etc. they were seised, etc., and then afterwards the said Henry Elianor the father delivered the same charters to the said John in salvation of his inheritance, and then John died seised without heir of his body, etc. and the said Agnes survived and was seised of the land as of freehold, and also happed the possession of the charters, and married the plaintiff , which plaintiffs husband and wife alienated the land to a stranger in fee, and delivered the charters to the defendant, and because this alienation was disinheritance to the garnishee, who is relative (cosin) and heir to the said John the son, etc. and showed how relative (cousin), etc. he entered on the land, etc. so that the charters belonged to him and not to plaintiff; Sir, yet during the husband's life we have a good estate in the land against the husband and the wife, and against all the world, etc.; Sir, I well think (jeo voile bien) that the wife would have her charters during her life if they were delivered as well to the husband as to the wife; but we have shown how the charters were delivered to the husband alone for salvation of his inheritance, and not that they were (delivered) to the husband and the wife jointly
Sjt Laken (for Ps): we have shown the alienation made by the husband and the wife, and the husband is yet alive, in which case after the husband's death the wife could have a Cui in vita to recover her estate; if I enfeoff two in fee, or otherwise as the case is here, by a deed, and the warranty to one, etc., and I deliver the deed to the one solely (tantum) for salvation of his inheritance, I understand now that the other joint tenant as well will have title to have the deed as he to whom it was delivered
Prysot CJCP: in your (Sjt Laken's) case it is true (voier), but in this case at bar it stands (estoit) otherwise: becaue the feoffment that was made is pleaded without deed, so they (John Elianor and Agnes) were not enfeoffed by any of the charters now in dispute; I put that I enfeoff two jointly, etc., and afterwards I release all my right to them both, and I deliver the deed to one, in this case the other will never (successfully) demand this release
but query, if two disseise me, and I release to both, and deliver this to one, if the other will have the release as survivor; I (the reporter?) believe that he will, because this makes his title good, and not otherwise |
Charter
Husband
Wife
Garnishment
Garnishee
(Intervention)
(Intervenor)
Belonging (appende)
Seisin
Certainty
Fee
Grant
Son
To Have
Heir
Virtue
Father
Delivery
Salvation
Saving
Inheritance
Salvation Of Inheritance
Death
Dying Seised
Body
Survival
Freehold
Happing
Possession
Marriage (prist a baron)
Alienation
Stranger
Disinheritance
Relative (cosin)
Showing
Entry
Plea
Estate
Joint Estate
Term Of Life
Life
Termination (determine)
Case
Cui In Vita
Recovery
Good Estate
World
All The World
Against All The World
Understanding (entente)
Joint Tenancy
Tantum
Joint Delivery
Feoffment
Deed
Warranty
Title
Truth (voier)
Pleading
Dispute (debat)
Posito
Joint Feoffment
Release
Right
Imparlment
Query
Disseisin
Survivor
Survivorship
Belief (Credo)
Good Title |
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