| 1469.122 |
1469 |
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Trespass on the statute (of Forcible entry) |
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| Mich. |
9 |
Edw. 4 |
33 |
46a-46b |
Fairfax, Guy Sjt Fairefax
Catesby, John Sjt
Pygot, Richard Sjt Pigot (for P)
Jenney, William Sjt Genney
Bryan, Thomas Sjt Brian (for D?)
Pygot, Richard Sjt Pigot |
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B., disseisor
B., hypothetical feoffor
S., J., hypothetical feoffor |
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| Brooke Trespas 188 (not fol. 49), Titles 44 |
3 Edw. 4, fol. 19, 20
18 Edw. 4, fol. 10 |
5 Ric. 2 (1381), stat. 1, ch. 7 (le statute de Richarde) |
| En Trespas sur le statute de Richarde le defendant dit, que il fuit seisie tanque par un B. |
26 |
Defendant pleaded that defendant was seised until disseised by one who enfeoffed plaintiff, on whom defendant entered peaceably.
Plaintiff replied that defendant was not disseised by he who was named disseisor by defendant.
Issue was joined.
Now the jury (enquest) came ready to give their verdict (passer).
Sjt Fairfax argued that the issue was misjoined because plaintiff had not made any title to himself.
Sjt Catesby agreed that plaintiff could not traverse defendant's bar unless plaintiff showed to the Court that plaintiff had sufficient title on which plaintiff had cause to recover.
Plaintiff (by Sjt Pygot) argued that defendant had given plaintiff title by feoffment and that it was sufficient for plaintiff to traverse the special matter that defendant had pleaded to destroy that title.
Sjt Jenney argued the same.
Sjt Bryan argued that plaintiff could not traverse defendant's bar without making title to himself.
Plaintiff argued that defendant had acknowledged that one enfeoffed plantiff, so it would be presumed (entende) that plaintiff's feoffor had lawful possession if plaintiff could prove that plaintiff's feoffor did not disseise defendant.
It was adjourned. |
| Sjt Pygot (for P): S' il plede en barre & done a nous forsque un colour, la devomus faire title, &c. mes icy le defendant en son barre ad conus a nous sufficient title per le feoffement B. & ad avoide & distroie cest per matter especial .s. per disseisin, & a distroyer cel matter de voidance de nostre title suffist a nous, come en assise le tenant dit que il enfeoffa le plaintiff sur condition, & que ils sont enfreints, & pur cest il entre, il suffist pur le plaintiff adire que ils ne fueront sont enfreints, &c. ou si le tenant dit que il lesse le terra a B. pur terme de vie, quel enfeoffa le plaintiff, sur que il perceivant cel alienation, &c. entre, le plaintiff poet dire que il enfeoffa B. prist, &c. car en ceux cases le tenant conust un title al plaintiff, & voide cest per matter especial, &c. issint icy; Vous aves conue que il nous enfeoffa, issint il serra entende que il aver loyal possession, si nous poiomus prover que il ne disseisist le plaintiff (should be defendant), &c. |
a serjeants' case?
Sjt Jenney argued for plaintiff's position; Sjt Fairfax and Sjt Catesby and Sjt Bryan (possibly counsel?) argued for defendant's position
Sjt Fairfax: it seems that the issue was misjoined, inasmuch as the plaintiff had not made any title to himself
Sjt Catesby: because it is not sufficient for him (plaintiff) to traverse the bar, unless he (plaintiff) shows to the Court that he has sufficient title, on which he had cause to recover, because in an Assize for rent if the tenant (defendant) pleaded in bar, it would not suffice for the plaintiff to traverse the bar, unless he showed any title for himself, and even if he (defendant) was disseised, that is, by rescue or denial (denier-), etc. so etc.
Sjt Pygot (for P): if he (defendant) pleaded in bar and gave us (plaintiff) only a colour, there we (plaintiff) ought to make title, etc. but here the defendant in his bar had acknowledged to us (plaintiff) sufficient title by the feoffment of (disseisor) B. and he (defendant) had avoided and destroyed this by special matter, that is, by disseisin, and it suffices for us (plaintiff) to destroy this matter of avoidance of our title, as in an Assize the tenant (defendant) pleads that he (defendant) enfeoffed the plaintiff on condition, and that they (the conditions) are breached (enfreints), etc., or if the tenant (defendant) pleads that he (defendant) leased the land to B. for a term of life, who (B.) enfeoffed the plaintiff, on whom he (defendant), perceiving this alienation, etc., entered, the plaintiff can reply (dire) that he (defendant) enfeoffed B., ready, etc., because in those cases the tenant acknowledged (conust) a title to the plaintiff, and voided this by special matter, etc., so here
Sjt Jenney: if the tenant (defendant) in an Assize, pleaded that they (ils, defendant) within age (while an infant) enfeoffed the plaintiff, ready, on which he (defendant) re-entered, etc., it suffices for the plaintiff to maintain that he (defendant) was of full age at the time of the feoffment, ready, etc. without making any title, etc.
Sjt Bryan: if one (defendant) pleads in bar that one J.S. enfeoffed him (defendant), etc. by whom he was seised, etc., and gives colour to the plaintiff, etc., this is no plea unless he (defendant) pleads (dit) that J.S. was seised and enfeoffed him (defendant), etc. so here the defendant has not acknowledged any seisin in (disseisor) B. except by disseisin committed against him (defendant), and he (plaintiff) has traversed this disseisin, so there is nothing now for plaintiff's title except that B. enfeoffed, without showing that he (B.) was seised, and enfeoffed him (plaintiff), so this is no plea to traverse the bar without making title to himself
Sjt Pygot (for P): you (defendant) have acknowledged that he (B.) enfeoffed us (plaintiff), so it will be understood (presumed?, entende) that he (B.) had lawful (loyal) possession, if we (plaintiff) can prove that he (B.) did not disseise the plaintiff (should be defendant), etc.
and it was adjourned |
Statute
Seisin
Disseisin
Feoffment
Entry
Peace
Peaceable
Peaceable Entry
Readiness (prist)
Contrary
Jury (enquest)
Seeming
Issue
Misjoinder
Inasmuch As
Title
Making Title
Ad Idem
Idem
Sufficiency
Traverse
Bar
Showing
Sufficient Title
Cause
Recovery
Assize
Rent
Pleading
Rescue
Denial (deniere)
Pleading In Bar
Colour
Giving Colour
Acknowledgement (conust)
Confession
Admission
Avoidance
Destruction
Destroying
Matter
Special Matter
Voidance
Condition
On Condition
Breach (enfreints)
Lease
Term Of Life
Perception
Alienation
Avoidance By Special Matter
Within Age
Infancy
Infant
Re-Entry
Maintenance Of Action
Full Age
Time
No Plea
Thing (chose)
Understanding (entende)
Presumption (entende)
Lawfulness (loyal)
Possession
Lawful Possession
Proof
Adjournment |
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