| 1481.093 |
1481 |
Common Pleas |
Debt on an obligation |
Det |
| Mich. (2nd) |
21 |
Edw. 4 |
25 |
54b |
Sulyard, John Sjt Suliard
Bryan, Thomas CJCP Brian
Choke, Richard JCP Chok
Sulyard, John Sjt Suli. |
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L., bishop of, arbitrator |
D., manor of, in C. county
C., county of |
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| Brooke Condicions 176, Estopell 174 |
later proceeding 1481.084 = Mich. 21 Edw. 4, pl. 16, fol. 52b-53a (not pl. 20)
3 Hen. 6, fol. 23
28 Hen. 6, fol. 7
18 Edw. 4, pl. 22, fol. 4
9 Hen. 6, pl. 7, 7 fol. 15 (?)
2 Edw. 4, fol. 30
18 Edw. 3, fol. 4, 5 |
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| En det sur un obligation le defendant per Suliard monstre coment le condicion del obligation fuit, que si le defendant |
12 |
Defendant pleaded that the condition of the obligation was that if defendant stood to arbitration and sentence of a bishop or another judge ordinary on a cause of tithes moved in the bishop's consistory, that (then) the obligation would be void, and defendant pleaded that no cause was moved in the consistory.
Bryan CJCP said that this was no plea because defendant would not be received to plead that no cause was moved when in the condition it was expressed that a cause was moved.
Choke JCP agreed that defendant would be estopped from pleading that no cause of tithes had been moved.
So defendant amended his plea. |
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John Russell was Bishop of Lincoln; Thomas Kempe was Bishop of London. |
Bryan CJCP: this is no plea, because in the condition it is expressed that a cause was moved, and you (defendant) will not be received to plead the contrary, when the condition is in a specialty, because I learned (ap-s) a dinstinction, when the condition is in the specialty, and when in the generality, because if I am obliged to you that I will be nonsuited in all actions that I have against you, I can plead (dire) that I have no action against you at my suit, because in such a general condition it is not implied that there would be any special action, but if the condition be that I will be nonsuited in a Formedon, etc., I will not say that there was no such Formedon, no more will you (defendant) say that there was no cause (of tithes moved), etc., which is the same (tout un) case
Choke JCP (in agreement): that if I am obliged to enfeoff you of all the lands that I have in such a county, I will plead that I do not have any lands within the county, but if I am obliged to enfeoff you of the manor of D. in the county of C., I will not plead afterwards that there is no such manor in the said county, so etc.
and then Sjt Sulyard (for D) amended his plea |
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1481.093 = Mich. 21 Edw. 4, pl. 25, fol. 54b |
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Obligation
Showing
Condition
Condition Of Obligation
Stand (estoit)
Arbitration
Standing To Arbitration
Sentence
Bishop
Judge
Judge Ordinary
Ordinary
Cause
Tithes
Cause Of Tithes
Motion (move)
Consistory
Bishop's Consistory
Voidance
Void Obligation
Plea
No Plea
Expression
Contrary
Saying The Contrary
Receipt
(Estoppel)
Specialty (especialty)
In Specialty
Learning (apres) (?)
Distinction (diversity)
In The Specialty
Generalty
Generality
In The Generalty
Nonsuit
Action
Suit
General Condition
Implication
Implying
Special Action
Formedon
Case
Same Case
Feoffment
County
Manor
Within The County
Amendment
Amendment Of Plea
Chapter
Folio |
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