| 1481.094 |
1481 |
Common Pleas |
Detinue |
Detinue
Condition |
| Mich. (2nd) |
21 |
Edw. 4 |
26 |
54b-55a |
Catesby, John Sjt (not JCP) (for garnishee)
Pygot, Richard Sjt Pigot (for P)
Catesby, John Sjt (mentioned)
Bryan, Thomas CJCP Brian
Choke, Richard JCP
Calow, William Sjt Coll'
Pygot, Richard JCP Pigot
Catesby, John Sjt or JCP
Pygot, Richard Sjt Pigot
Bryan, Thomas CJCP Brian |
Wortley |
N. |
|
|
|
H., W., bailee & garnishee |
Holcotes, manor of
M, in Nottingham county
Nottingham (Not'), County of
D., manor of
Chancery |
|
| |
12 Edw. 4, fol. 12 & 14, accord
7 Hen. 4, fol. 16
44 Edw. 3, fol. 9
20 Hen.6, fol. 37
Perkins, Profitable Boke 149
Littleton, Tenures 84
39 Edw. 3, Lib. Ass. pl. 15
22 Edw. 4, fol. 29 |
|
| En brief de Detinu port vers W. Copley per N. Wortley d' un obligation, & le dit W.C. monstre coment le dit obligation |
29 |
Defendant pleaded that the obligation was delivered to defendant by plaintiff and by another on condition, and defendant prayed garnishment (of the other bailor) (interpleader).
The garnishee appeared and had hearing of plaintiff's count.
The garnishee said by counsel that the garnishee ought to have delivery of the obligation, because the obligation was delivered on such a condition that plaintif as quickly as the law would permit ought to permit the garnishee to recover a manor, a house, and a carucate of land in a county, by a writ of Formedon in the descender obtained (attained) against plaintiff without plaintiff's delay by the advice of counsel, and the garnishee's costs, and after the garnishee had recovered the tenements, within 15 days the garnishee should enter, and 40 days afterwards (plaintiff should) enfeoffed the garnishee, and the garnishee said that there was no record by which it would appear that the garnishee had recovered any land or tenement in the vill, and the garnishee prayed delivery (of the obligation).
Plaintiff asked what thing was done with the Formedon, because if the garnishee did not show what end the Formedon took, plaintiff would demur on the plea, or if the garnishee would say that there was no record by which it appeared that the garnishee recovered in the Formedon, plaintiff would immediately be at issue with the garnishee, but plaintiff said that the garnishee's counsel intended a mispleading (jeofaile)
Bryan CJCP and Choke JCP agreed that the garnishee should show what end (fine) the Formedon took.
Sjt Calow said that the garnishee's plea was good enough.
Plaintiff said that it was admitted that the Formedon was pending, so the garnishee had to answer, because to this matter that was now alleged plaintiff could not have a proper answer, because if plaintiff denied such a record, there was no way that this could be tried.
The garnishee rejoined that 'no such record' included the Formedon, and that the garnishee had not admitted that a writ of Formedon was 'pending' because a writ was not pending until the writ had been returned, and this writ of Formedon was only sealed in Chancery and thus 'obtained' (attained).
Bryan CJCP said that the garnishee should have pleaded that there was no record of this Formedon or any other recovery by the garnishee. |
| Sjt Pygot (for P): mes il dit que Sjt Catesby (for the garnishee) entende de faire un jeofaile; car est diversity perenter Formedon attained (= obtained) & Formedon pending, car si tost come le Formedon est enseale en le Chancery, la est Formedon attained, mes il n' est pending, tanque soit return quel nous (insert ne) aurons conus |
|
John Catesby was appointed JCP on 20 Nov. 1481. |
Sjt Pygot (for P) said that Sjt Catesby (for the garnishee) intended to commit mispleading (jeofaile) (so as to be able to challenge a verdict for plaintiff in a post-trial motion (legal ethics issue)
Bryan CJCP: if the (garnishee) W.H. was nonsuited in the Formedon, it seems that he (W.H.) had forfeited the obligation, because by the nonsuit he had disabled himself from recovering and made the feoffment, so you ought to show what end (fine) the Formedon took
Choke JCP: if you are obliged to enfeoff me of the manor of D. before such feast, yet you make feoffment of this manor to another before the feast, notwithstanding that you have back (arrere) the land before the feast, yet you have forfeited the obligation (because) you were once disabled to make the feoffment (compare Shipton v. Dogge, 1442.056 = Trin. 20 Hen. 6, pl. 4, fol. 34a-35b), so in this case if the Formedon was abated or discontinued by your default, you will be charge, so (you should) show what happened (devenus) with the Formedon
Sjt Calow: the condition is, that the (garnishee) W.H. within certain days after the recovery ought to enter and enfeoff the plaintiff N. Wortley, so if he did not recover he is not bound to make any feoffment, so it seems that when the garnishee said there was no such record by which it appeared that the garnishee recovered, this is good enough, as if I am obliged to you that my father is seised of so much land if I enter after my father's death, that I will enfeoff you, etc. I will plead well that I did not enter into any land after my father's death, so etc.
Sjt Pygot (for P): it is admitted (conus, confessed, acknowledged) that the Formedon was pending, to which he (the garnishee) ought to answer, because to this matter that is now alleged we cannot have a proper answer, because if we deny such a record, how will this be tried,
to which there was no answer
Sjt Catesby (for the garnishee): we have said that there was no record, so etc., in which is included the Formedon and all other records, why will this answer not be good enough?; and to what Sjt Pygot (for P) understands (entende) that we have admitted (conus) that the Formedon was pending, this is not so, because there is a distinction between Formedon obtained (attained) and Formedon pending, because as soon as the Formedon is sealed in the Chancery there is the Formedon obtained (attained), but it is not pending, until it be returned, which we have not admitted (conus)
Bryan CJCP: if i plead a return in an Assize against your ancestor or you, it is a good plea for you to plead (adire) that there is no such record, so any record appears as, etc., but you ought to answer, etc.; and in Trespass it is no plea that the parties put themseles in arbtiration of certain parties for all trespasses, who awarded, but (the pleader) ought to say that for this trespass and all others they put themselve in arbitration |
Obligation
Showing
Delivery
Condition
Garnishment
Appearance
Hearing (oyer)
Count
Delivery Of Obligation
Speed (hastivement)
Haste
As Quickly As The Law Would Permit
Permission (suffer)
Sufferance
Recovery
Manor
House
Carucate (carue)
County
Formedon
Writ Of Formedon
Descent
Formedon In The Descender
Attained
Obtaining (attained)
Delay
Without Delay
Advice
Counsel
Advice Of Counsel
Costs (costages)
Tenements
Day
Entry
Feoffment
Record
No Record
Appearance
Matter
Demand
Thing (chose)
End (fine)
Demurrer
Demurrer On The Plea
Immediacy (maintenant)
Issue
At Issue
Intent (entende)
Jeofail
Mispleading (jeofaile)
Nonsuit
Seeming
Forfaiture
Disabling
Disability
Feast
Notwithstanding
Having Back (arrere)
Once (un foits)
Case
Abatement
Discontinuance
Default (defaut)
Charge
Befalling (devenus)
Happening (devenus)
Binding (tenus)
Sufficiency (assets)
Good Enough
Father
Seisin
Death (mort)
Admission (conus)
Confession
Acknowledgement
Pending
Answer
Allegation
Proper Answer
Propriety
Denial
Trial
Inclusion
Including
Distinction (diversity)
Soonness (tost)
As Soon As
Sealing
Seal
Chancery
Return Of Writ
Assize
Ancestor
Good Plea
Plea
No Such Record
Nul Tiel Record
Trespass
Party
Putting In (mitter en)
Arbitration
Certainty
Award
Accord |
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