| 1480.034 |
1480 |
Common Pleas |
Trespass for taking a cartload of grain and 4 horses |
Trespas |
Sulyard, John Sjt Suliard (for D)
Jenney, William Sjt Genney (for P)
Sulyard, John Sjt Suliard
Bryan, Thomas CJCP Brian |
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| Brooke Distresse 88 (not 89) |
4 Edw. 3, fol. 26
2 Hen. 4, fol. 21
5 Hen. 7, fol. 11
1 Ric. 3, fol. 2
22 Edw. 4, fol. 49, 50 (also cited in Brooke) |
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| Un briefe de Trespas del pris d' un charet ove grein & iiii. chivals a tort prises, &c. @ Suliard |
10 |
Defendant pleaded by justifying for rent of 2 shillings annually to be received out of the land where the taking was committed.
Plaintiff replied that this was excessive distraint for 2 shillings, because defendant could have separated the horses from the cart, and could have taken less in distraint.
Defendant agreed that defendant could have done this, but if so then plaintiff could have had an action of Trespass against defendant, and defendant replied that the distraint was not excessive.
Bryan CJCP said that the horses could be separated (from the cart of grain).
Defendant amended his plea on this point (to plead that the horses were annexed (harnessed?) to the cart (chariot). |
Sjt Sulyard (for D): & sir puit (should be ne puit) estre dit excessive distres, nient pluis que is un home prist un folde de Sheepe
Bryan CJCP: il appiert bien que les berbits (= sheep) ne poient my estre seueres |
| perhaps same case as 1481.010 = Pasch. 21 Edw. 4, pl. 2, fol. 3a |
Taking (pris)
Cart (charet, chariot)
Grain
Horse
Wrong (tort)
Wrongful Taking
Justification
Rent
Annually
Annual Rent
Receipt (parceiver)
Excess
Excessive Distraint
Distraint (distres)
Truth (voier)
Thus (ensi)
Action
No More
Fold
Sheep
Fold Of Sheep
Sheepfold
Case
Appearance
Sheep (berbits)
Severance
Annexation
Amendment
Plea
Point |
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