| 1468.045 |
1468 |
Common Pleas |
Entry dum non fuit compos mentis, Deceit, Maintenance |
Compos mentis |
| Mich. |
8 |
Edw. 4 |
12 |
13a-13b |
Catesby, John Sjt
Danby, Robert CJCP
Choke, Richard JCP
the Justices (mentioned?)
Catesby, John Sjt
Danby, Robert CJCP |
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Fitzherbert Maintenaunce 19, Champerty 3
Brooke Champertie 10 |
47 Edw. 3, fol. 10
30 Edw. 3, Lib. Ass. pl. 3
9 Hen. 6, fol. 64
27 Hen. 8, fol. 23
50 Edw. 3, Lib. Ass. pl. 3
Fitzherbert, Natura Brevium 172 c |
Articuli super Cartas, 28 Edw. 1 (1300), ch. 11 (champerty prohibited, forfeiture of value of land purchased) |
| Le case fuist Dum non fuit compos mentis fuit sue envers un home, pendant quel brief il enfeoff |
23 |
Entry dum non fuit compos mentis had been sued against tenant (defendant).
Pending this writ, tenant (defendant) had enfeoffed another.
Process had continued in this writ until demandant (plaintiff) recovered by default after default.
Demandant (plaintiff) had entered.
Tenant (defendant) who had lost by default had brought an action of Deceit.
Tenant's (demandant in Deceit's) feoffee had maintained tenant (demandant in Deceit) in the writ of Deceit.
Demandant (tenant in Deceit), who had recovered in the first action, had brought this action of Maintenance againts tenant's feoffee.
Tenant's feoffee (defendant in Maintenance) had pleaded that tenant gave the land for certain money (deniers).
This matter was shown.
The parties demurred in judgment.
Sjt Catesby argued that the plea was good.
Danby CJCP argued that the plea was bad.
Choke JCP argued that the plea was good. |
Sjt Catesby: Il semble que le plee est bon, car cesty que fuit feoffee aver enteresse en cel terre pur medler, car si le demandant en l' action de Disceit purra recover, donques le feoffee avera le terre arere, &c.
Danby CJCP: S' il fuist able de pleder de plee vous dits bien, mes icy il ad monstre que le possession que il avera fuit par chose enconter ley, car le feoffement fait pendant le briefe est un champerty, & serra entendu que cel feoffemen fuit fait pur maintenance aver, & sir, si le defendant voilet dire que il disseisee le tenant pendant le briefe & tout come devant, &c. uncore il ne serra pur ceo que le possession que est le foundement de son interest fuit enconter ley, &c. |
and note that in this plea he showed how he gave the land for certain money
Sjt Catesby: it seems that the plea is good, because he who was feoffee (W.W.) will have an interest in this land to meddle (in the lawsuit), because if the demandant in the action of Deceit (he who was maintained by W.W.) could recover, then the feoffee (W.W.) would have the land back, etc.
Danby CJCP: if he was able to plead a plea, you speak well, but here he has shown that the possession that he had was for a thing against law, because a feoffment made while a writ is pending is Champerty, and it will be understood that this feoffment was made to have maintenance, and Sir, if the defendant wanted to plead (dire) that he disseised the tenant pending the writ and all as before, etc. yet he will not plead because the possession that is the foundation of his interest was against law, etc., so here, etc., but if the feoffment had been made after the judgment had been given in the Entry dum non fuit compos mentis, etc., the feoffee (W.W.) could well have maintained, because his possession was good, etc. and not prohibited by the law (from) purchasing (it), etc.
Choke JCP: even if this be Champerty, yet it seems that the plea is good, because by this feoffment he (W.W.) had title to the land, and by this interest which he (W.W.) had, he (W.W.) could well maintain, etc., because the feoffment is not void even though it be made pending the writ, etc., but he will have a penalty (paine), that is, the value of the land, adn the Justices hold no distinction where one sells his land pending the writ, and where he gives away his land, inasmuch as it is prohibited by the law that anyone ought to purchase pending the writ, etc.
Sjt Catesby: thus one can by fraud (covin) so make it that I will not sell my land, because he can have an action against me always pending, etc.
Danby CJCP: perhaps you can, then show this fraud (covin) and be aided by this, etc.
and it was touched that one can make a feoffment to his own use pending the writ, because the feoffee has nothing to his own profit, etc. |
Case
Dum Non Fuit Compos Mentis
Entry Dum Non Fuit Compos Mentis
Insanity
Suit
Pending
Pending The Writ
Feoffment
Process
Continuation
Action
Recovery
Default
By Default
Default After Default
Entry
Loss (pardist)
Deceit
Action Of Deceit
Maintenance
First Action
Action Of Maintenance
Matter
Showing
Demurrer
Demurrer In Judgment
Note
Plea
Gift
Certaint
Money (deniers)
Seeming
Good Plea
Feofee
Interest (enteresse)
Meddling (medler)
Having Back
Ability
Able To Plead
Pleading
Possession
Thing (chose)
Against Law
Champerty
Understanding (entende)
Having Maintenance
Disseisin
Possession
Foundation
Foundation Of Interest
Making Feoffment
Judgment
After Judgment
Good Possession
Prohibition
Not Prohibited
Purchase
Prohibition By Law
Good Plea
Title
Title To Land
Good Maintenance
Well Maintained
Voidance
Void Feoffment
Penalty (paine)
Value
Holding (tiendront)
Distinction (diversity)
Sale (vendu)
Fraud (covin)
Covin
Always
Perhaps (Paraventure)
Aid (eide)
Touch
Use (use)
To His Own Use
Nothing
Profit
To His Own Profit |
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