| 1481.092 |
1481 |
Common Pleas |
Trespass for taking animals and breaking a park |
Trespas |
| Mich. (2nd) |
21 |
Edw. 4 |
24 |
54a-54b |
Tremayle, Thomas Sjt (for P)
all the Court
Tremayle, Thomas Sjt
Bridges, Thomas Sjt Brig.
the Justices
Catesby, John Sjt or JCP
Bridges, Thomas Sjt Brig. (for D)
Tremayle, Thomas Sjt |
|
|
|
|
|
A., T., possessor
B., taker
R., J., possessor |
|
|
| Brooke Double plee 105, Replegiare 58, Travers 263, Trespas 398 (not in margin) |
14 Hen. 4, fol. 25 |
|
| En Trespass des avers prises & de Parco fracto, le defendant monstre coment le property fuit a un T. A. devant |
19 |
The first defendant pleaded that the property (in the animals) was to one before the (supposed) trespass, that the one was possessed of the animals until another took them from the possessor, that the taker bailed the animals to plaintiff, that then the original possessor sued a plaint of Replevin against plaintiff in the county court before the sheriff, by force of which (plaint) the sheriff made a precept to defendant to deliver the animals to the original possessor, by force of which (precept) defendant went to the place where (the animals were), found the park open, entered, and made the deliverance to the original possessor.
The other defendants named (in plaintiff's writ) pleaded the same plea, and that the other defendants came in aid of the first defendant.
Plaintiff said that defendants plea was double, one was the justification, the other the warrant directed to the first defendant.
All the Justices held defendants' plea double, because the first matter was a good bar, so defendants should hold themselves to the warrant directed to the first defendant.
Plaintiff replied that on the day the writ was purchased the property of the animals was to another, that the plaintiff found the animals damage feasant in plaintiff's land, that plaintiff took the animals and put them in the park, denying that the property was in the original possessor of whom defendants had pleaded.
Defendants (?) rejoined that plaintiff should have denied that the original possessor was possessed of the animals.
The Justices told defendants' counsel that if the matter be such, defendants should show this for their part (party), because prima facie plaintiff's reply was good.
It was agreed by all the Justices that when one had a warrant, he ought to pursue and act according to his warrant.
Then the first defendant changed his bar, and pleaded that the property was to him whom plaintiff named long before the (supposed) trespass, who loaned (apprestre) the animals to defendant's original possessor to manure (comprestre) his land, and they being in possession of defendant's original possessor, were taken, so defendant's original possessor sued Replevin, 'as above', and the first defendant pleaded further (oustre) as the first defendant had before.
Plaintiff replied as before. |
(for D:) coment le property fuit a un T.A.
Sjt Tremayle (for P): Jour du brief purchase le property des avers fuit a un J.R. & l' plaintiff trova eux damage fesant en sa terre, & eux prist, & mitte en le dit park, sans ceo que le property fuit en le dit T.A.
Sjt Bridges (for D): Vous covient dire sans ceo que T. fuit possess d' eux, car home poit aver Replevin nient obstant que il n' ad property |
|
John Catesby was appointed JCP on 20 Nov. 1481. |
Sjt Bridges (for D): because one can have Replevin notwithstanding that he does not have the property
it was agreed by all the Justices that when one has a warrant, he ought to pursue and do (faire) according to his warrant, because he cannot make delivery of my animals by reaons of a warrant that he had to deliver the animals (of another)
Catesby JCP or Sjt: and the words of the warrant are 'make replevin of J.B.'s animals taken and unjustly (detained)', etc.; and if the warrant was to deliver the animals from one, and he delivers the animals of this one and of another, which were taken at the same time; and also in the same pound, he will be punished, or if the animals of a stranger come on the land from which I have rent, and I impark them, the tenant of the land sues Replevin, if the sheriff delivers the animals at his suit, he (sheriff) will be punished |
Taking (prises)
Parco Facto
Park
Breaking Park
Showing
Property
Possession
Bailment
Suit
Plaint
Replevin
County Court
Local Court
Sheriff
Before The Sheriff
Force
By Force Of Which
Precept
Making Precept
Delivery
Place (lieu)
Finding
Openness (overt)
Open Park
Enry
Making Deliverance
Name
Pleading
Plea
Aid
Coming In Aid
Double Plea
Justification
Warrant (garr-)
Sending (direct-)
Directing
Holding (tenus)
Matter
First Matter
Taking
Allegation
Bar
Good Bar
Holding Oneself
Day
Purchase Of Writ
Finding
Damage Feasant
Putting In (mitte en)
Denial
Sans Ceo
Notwithstanding
Part (party)
Prima Facie
Good Plea
Agreement
Pursuit
Accordingly
Reason
By Reason Of
Word (parolx)
Injustice
Time
Same Time
Pound
Punishment (puny)
Stranger
Rent
Imparking (enparke)
Tenant
Suit
Change
Change Of Bar
Change Of Plea
Time
Length
Long Time
Loan (aprestre)
Manure (comprestre)
Being
Ut Supra
Pleading Over
Reply |
|
