| 1468.019 |
1468 |
Common Pleas |
(Account) |
Nota |
Nedeham, John JCP Nedham
all the Court
Littleton, Thomas JCP
Moyle, Walter JCP Moile |
executors |
of J.K. |
|
|
|
K., J., testator
C., J. |
Dale, hypothetical vill
Sale, hypothetical vill |
|
Fitzherbert Executours 33, Obligacion 9, Briefe 165 (not 185)
Brooke Obligation 51, Done 52, Brief 365 (not 369), Accompt 70 |
7 Hen. 7, fol. 13
20 Edw. 4, fol. 20
22 Edw. 4, fol. 21
40 Edw. 3, fol. 31 (twice)
2 Hen. 4, fol. 28
19 Hen. 8, fol. 8
9 Hen. 6, fol. 35
27 Hen. 6, fol. 8
Mich. 4 Hen. 7, fol. 7, Fitzherbert Briefe 185 |
|
| Nota, que fuit dit per Nedham, que si jeo baile certein deniers a un home d'agarde tanque apres ma |
12 |
(Plaintiff executors sued defendant.
Defendant pleaded that defendant was bailed money by plaintiffs' testator to keep until the testator's death and then to expend for the testator's soul.
Nedeham said that defendant's plea was good.) |
Nedeham JCP: si jeo baila certein deniers a un home d' agarde tanques apres ma mort, & donques pur disposer pur mon alme
Littleton JCP and Moyle JCP: commorant (= dwelling) & demurrant (= residing) a Sale |
Nedeham JCP: if I bail certain money (deniers) to one to keep (d' agarde) until after my death, and then to dispose (of the money) for my soul (per mon alme), my executors will not have an action of account against him (my bailee) after my death, etc. because he himself (the bailee) is my executor as to this sum, etc.
and note that it was said by all the Court that the obligation made in the third person (testator) is enough (assets), that is, ''be it remembered (Memorandum) that T.B. owes J.K. 100 shillings of which thing (this deed) testifies to which he (T.B) affixed his seal, etc., and thus it is of a gift made, 'these present writings witness, that J.C. gives, delivers, etc., as well as it is of an indenture, etc., note this
and also it was said by Littleton JCP and Moyle JCP that if an action be brought against me calling me 'of Dale', etc. where in fact there is no such vill, hamlet, nor place know, etc. I can chose to plead generally that there is no such vill,e tc. or to plead that on the day the writ was purchased, I was dwelling and residing at Sale, denying that I am of Dale, etc. and so it is in a Praecipe quod reddat brought for tenements in Dale, etc., I can plead (dire) that they are in Sale and not in Dale, etc. or plead (adire) that there is no such vill, etc.
note this |
Note
Bailment
Certainty
Money (deniers)
Keeping (d' agarde)
Guarding
Death
Disposition
Soul
For His Soul
Executor
Action
Account
Sum
Obligation
Person
Third Person
Third Party
Memorandum
Remembering
Memory
Owing (debet)
In Cujus Rei Testimonium
Witness
Seal (sigillum)
Sigillum Suum Apposuit
Affixing Seal
Gift
Presence
Writing
Delivery (tradit)
Praesens Scriptum Testatur
Dedit
Tradidit
Indenture
Calling (appellant)
Vill
No Such Vill
Hamlet
Place
Knowlege
Choice (esliere)
General Pleading
Nul Tiel Ville
Day
Purchase Of Writ
Dwelling (commorant)
Residing (demurrant)
Denial
Sans Ceo
Praecipe Quod Reddat
Tenements |
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