| 1455.104 |
1455 |
Common Pleas |
Annuity |
|
Laken, William Sjt (for P)
Moyle, Walter JCP Moile
Laken, William Sjt
Prysot, John CJCP Prisot
Danby, Robert JCP
Prysot, John CJCP Prisot
all the Judges |
Chicheley |
John |
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Fitzherbert Annuitie 9
Brooke Annuitie 6, Dette 203 (not in margin) |
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| John Chicheley auterfois suit brief d' Annuity envers Jo. Chanew en le County de Kent; & les |
14 |
(Previously, the parties were at issue.
The inquest (jury) was ready to pass, and sang (chanter) (gave their verdict) for plaintiff.)
Plaintiff prayed his judgment.
The plea was read (leu), and was that plaintiff counted that defendant by a deed indented, which plaintiff showed, granted to plaintiff an annuity of 40 shilings for a term of 11 years beginning 1440, and that 16 pounds for 8 years were in arrears.
Moyle JCP said that the term of the annuity had expired before the writ was purchased, so plaintiff should have brought Debt on arrears of annuity, not this writ.
Plaintiff's counsel said that he understood that the original writ was brought within the term, and that even though the term had expired pending the writ, plaintiff should have judgment.
Prysot CJCP told plaintiff that it would be accounted his folly that he did not sue his writ to determine his action within the term.
Danby JCP agreed that plaintiff could not have judgment to recover an annuity that had expired.
It was held clearly by all the Judges that all was void, and that the plaintiff would never have judgment on this writ |
Et or l' Enquest fuit prest de passer & chanter pur le plaintiff
Et sur ceo le ple fuit leu, & fuit tiel, s. le plaintif counta coment le defendant per un fait endente (que il monstra avant) granta al' plaintiff un annuitie de xl s. cestassavoir a avoir & percevoir (should be recevoir?) per terme de xi ans, le terme commenceant 18 Hen. 6, & coment xvi li. pur viii ans furent arrere
Prysot CJCP: Si le brief fuit pris deins les termez, sera recte vostre folie que ne voudres suit 'cum effectu' a determiner l' accion deins le terme |
Suit
County
Party
Issue
At Issue
Inquest
Passing
Singing (chanter)
Verdict
Judgment
Plea
Reading
Count
Deed
Indenture
Deed Indented
Showing
Grant
To Have And To Receive
Perception (percevoir)
Term
Year
Commencement
Beginning
Arrears
Seeming
Running (encourrus)
Termination (determine)
Purchase Of Writ
Debt
Debt On Arrears Of Annuity
Understanding (entende)
Original Writ
Taking Writ
Within The Term
Pending The Writ
Accounting (recte)
Folly
Cum Effectu
Effect
Determination
Action
Truth (Verament, voyre)
Recovery
Purity (Merement)
Expiration
Nature
Nature Of Writ
Holding
Clarity
Voidance |
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