| 1456.102 |
1456 |
Common Pleas |
Entry in the nature of an assize |
Entre |
Littleton, Thomas Sjt (for P)
Billyng, Thomas Sjt Billing (for D)
Littleton, Thomas Sjt
Moyle, Walter JCP Moile
Billyng, Thomas Sjt Billing
Moyle, Walter JCP Moile
Littleton, Thomas Sjt |
abbot |
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|
|
Fitzherbert Hors de son fee 12
Brooke Hors de son fee 1 |
cross-referenced in 1366.028 = Hil. 40 Edw. 3, pl. 28, fol. 13a |
|
| Brief de Entry en nature d' Assise fuit porte envers un home per un Abbe. Et le tenant dit, que la terre ou |
14 |
Tenant (defendant) pleaded that the land from which demandant (plaintiff) supposed that the rent issued was 'out of his fee and his lordship'.
Demandant (plaintiff) replied that demandant abbot and his predecessors had been seised from time immemorial of 20 shillings of rent issuing out of the land by the hand of tenant and those whose estate he had, and used to distrain for arrears on the same land, and that demandant came onto the land and demanded the rent, that tenant denied the demand, and that tenant disseised demandant (?).
Tenant (defendant) rejoined that demandant and his predecessors had not been seised of the rent from time immemorial and had not used to distrain from time immemorial.
Demandant (plaintiff) rejoined that tenant ought to have traversed the prescription of the distraint, because demandant had a title of disseisin by reason of a denial.
Moyle JCP said that tenant could traverse the prescription of the seisin without more.
Tenant (defendant) said that he could not say otherwise, and told demandant to demur if he wanted.
Moyle JCP told demandant that tenant's plea was sufficient, so demandant should advise himself.
Demandant (plaintiff) said that he could not demur. |
| Sjt Littleton (for P): Sir, jeo ne purroiz demurre, pur ceo que le cas n' est autre mes que il ad traverser une chose que est bone, & autre chose que est voide, &c. |
| Sjt Littleton (for P): Sir, I cannot demur, because the case is nothing other than that he (tenant) has traversed one thing that is good and another thing that is void |
Nature
Assize
Abbot
Supposition
Rent
Issuance
Hors De Son Fee
Out Of His Fee
Lordship
Seigniory
Demand
Judgment
Showing
Maintenance Of Assize
Predecessor
Seisin
Time Immemorial
Rent
Annual Rent
Hand
Estate
Usage
Distraint
Arrears
Day
Payment
Denial
Disseisin
Traverse
Good Traverse
Prescription
Title
Cause
Truth (voier)
Sufficiency
Traverse Of Prescription
Demurrer
Sufficiency (assez)
Advice
case
Good Thing
Voidance
Void Thing |
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