| 1455.068 |
1455 |
Common Pleas |
Trespass |
Trespass |
Choke, Richard Sjt (for D)
Wangford, William Sjt (for P)
Choke, Richard Sjt
Wangford, William Sjt
Choke, Richard Sjt Coke
Prysot, John CJCP Prisot |
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J., plaintiff in fine & grantee
Thomas, defendant in fine & grantor |
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Fitzherbert Colour 38
Brooke Colour 4 |
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| En briefe de Transgressioun Le defendant plede per Choke coment fine se leva perenter un J. plaintiff, & un Thomas defendant |
13 |
Defendant pleaded that he had the estate of a grantee by fine, and that plaintiff entered by colour of a lease for a term of life made to him by the grantor before the fine, and that defendant entered.
Plaintiff pleaded that this was no colour, because defendant had not alleged possession in the grantor.
Further argument between counsel.
Plaintiff said that he wanted to demur in law.
Defendant said that he did not want to mislead the Court, so defendant pleaded that the grantor was seised before and after levying the fine, and gave colour as above.
Prysot CJCP said that he thought the colour was good enough before, but that now it was sufficient without doubt. |
Et puis Sjt Wangford (for P) disoit, que il voit demurrer en Ley, &c.
Et apres Sjt Choke (for D): Sir, jeo ne voile aveugler le Court |
Sjt Wangford (for P): it could be that plaintiff in a writ of Covenant was seised at the time the fine was levied (between Thomas and J.), and the fine (was) good, so this colour is uncertain
Sjt Choke (for D): Sir, there is a distinction where one pleads any matter of record, and where (one pleads) a matter in fact: because if on pleads a feoffment in bar, be it by deed or without a deed, in this case the party ought to allege how at another time someone brought a Praecipe quod reddat, etc. against another of such tenements, etc. thus is a fine pleaded, which is a matter of record, etc. |
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Fitzherbert Colour 38, fol. 192v, dated this Pasch. 34 Hen. 6, fol. 1, and stated that in Entry sur disseisin the tenant pleaded in bar a fine levied by one C. to him as those that he had of his gift, and gave the demandant (plaintiff) colour by the said C. and the Court said that he ought to say that C. was seised and levied the fine, (or) otherwise the colour was no good, because the fine was good notwithstanding that C. had nothing at the time, but that the defendant was seised, so he mended (amended) his plea |
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Pleading
Fine
Levying
Acknowledgement (conust)
Right
Fee
Virtue
Seisin
Estate
Entry
Colour
Lease
Term Of Life
Demand
Judgment
Manner
Possession
Covenant
Time
Good Fine
Uncertainty
Certainty
Distinction
Matter
Record
Matter Of Record
Fact
In Fact
Matter In Fact
Feoffment
Bar
Pleading In Bar
Deed
Without Deed
Case
Party
Allegation
Praecipe Quod Reddat
Tenements
Demurrer
Demurrer In Law
Misleading (aveugler)
Blind (aveugler)
Giving Colour
Sufficiency (asses)
Good Colour
Doubt
Without Doubt |
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