| 1472.033 |
1472 |
Common Pleas |
Trespass for breaking close and taking animals |
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Bryan, Thomas CJCP Brian
Catesby, John Sjt
all the Court |
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Fitzherbert Trespas 131
Brooke Trespas 329, Pledinges 102 |
3 Hen. 7, fol. 11, 12
15 Hen. 7, fol. 3
18 Edw. 4, fol. 10 |
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| Trespas de close debruse et avers prises le defendant dit que le lieu, &c. est tant de terre, &c. d' ont |
14 |
Defendant pleaded that the place (where the trespass was supposed) was an amount of land of which the freehold was to one and that defendant entered by the freeholder's command.
Plaintiff replied (?) that defendant ought to have shown where the command was made.
Defendant continued pleading that the freeholder found the animals damage feasant, took them, and bailed them to defendant to bring them to the pound until amends were made to the freeholder, that defendant took the animals and put them in pound overt.
This was held a good plea, and (the Court said that) the property of the animals was always in plaintiff.
Plaintiff replied that the freehold was to plaintiff and not to him whom defendant alleged was the freeholder.
Plaintiff would have pleaded another reply for the animals
Bryan CJCP said that the first plea went to all because one who was not a freeholder had no cause to take animals damage feasant.
Sjt Catesby |
et fuit tenus bon plee, car cest second prise prove que il prist les avers le plaintiff, car le property fuit tout temps en le plaintiff
all the Court: le defendant en son plee affirme tout temps le property en le plaintiff |
but it is otherwise when he (defendant) justifies as servant and by (his) command, etc.
the Court: this second taken proved that he (defendant) took the plaintiff's animals, because the property was always in the plaintiff
Sjt Catesby: if he (plaintiff) plead this plea (that plaintiff was freeholder) to the (taking of) animals, then he would prove by his plea that the said C. Shierwode was a trespasser, and then by the bailment made by him (C. Shierwode) to the defendant this plaitiff will not have an action against the bailee (defendant), because if one take my goods with force and bail them to another, I will have an action for this second taking, for the reason aforesaid (causa qua supra)
all the Court held that the first plea went to all, and the defendant in his plea had affirmed tha tthe property (to the animals) was always in the plaintiff, and also when he conveyed his taking by C. Shierwode, the taking committed by C. Shierwode was traversable, as is one in Trespass conveyed the land to him by three or four feoffments, and gave colour to the plaintiff by the first
and the plaintiff could traverse each of the feoffments as he wanted, etc.
and so here, and then the issue on the freehold was taken, etc.
note this |
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Fitzherbert Trespas 131, fol. 210r, dated this Trin. 12 Edw. 4, fol. 10 |
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Close
Breaking Close
Taking (prises)
Place (lieu)
So Much (tant)
Freehold
Command
Entry
Showing
Otherwise
Justification
Servant
Finding
Damage Feasant
Bailment
Bringing (amesna)
Pound
Amends
Satisfaction (amendes)
Making Amends
Pound Overt
Open Pound
Holding
Good Plea
Plea
Proof
Property
Always
Pleading
Going To All
Cause
Trespassor
Trespasser
Action
Bailee
Force
With Force
Causa Qua Supra
Affirmation
Conveyance
Traverse
Traversable
Feoffment
Colour
Giving Colour
Issue
Note |
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