| 1482.066 |
1482 |
Common Pleas |
(Writ on the statute of Forcible entry) |
Issue |
| Hil. (2nd) |
21 |
Edw. 4 |
37 |
83a-83b |
(Pygot, Richard Sjt (for D)) (unattributed speech)
Sulyard, John Sjt (for P)
Bryan, Thomas CJCP Brian
Choke, Richard JCP
Pygot, Richard Sjt Pigot
Catesby, John JCP
Bryan, Thomas CJCP Brian |
(E.) |
(T., heir of Alice Longe) |
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Longe, John
Longe, Alice, wife of John |
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| Brooke Travers 271 |
Prior proceeding 1482.015 = Hil. 21 Edw. 4, pl. 15, fol. 17b-18a |
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| Al jugement ne deves aler, car le plee en barre est tiel, le defendant monstre que un John Longe & Alice sa |
32 |
(Defendant had pleaded in bar that a husband and wife were jointly seised in fee, that the husband had survived the wife and had died, saying by protest that the husband died seised, and defendant had conveyed the land to defendant as heir by descent, and defendant had given colour to plaintiff by the husband and wife.
Plaintiff had replied that long before the husband had had anything the wife was seised in fee, and thus seised married the husband, so the husband was seised in right of his wife, that then husband and wife both by fine granted their right to various persons who by a deed shown forth enfeoffed the husband and wife and the heirs of the wife, by force of which (the husband and wife were seised), and plaintiff had conveyed the land by intermediate degrees to plaintiff himself as heir to the wife, denying that the husband was seised (in demesne).
The parties had been at issue.
(A verdict) had been found for plaintiff.)
(Now defendant said that) the Court ought not go to judgment, because plaintiff's denial (sans ceo) on which the issue was joined was void, so that the issue was taken on what was not material, so a mispleading (Jeofaile).
Plaintiff said that if plaintiff had not traversed the husband's seisin in fee, plaintiff's reply would not havve been good.
Bryan CJCP said that plaintiff's traverse of the husband's seisin in fee was void.
Cateby JCP said that the issue was perilous.
Defendant said that the issue was misjoined.
Catesby JCP (changing his opinon?) said that plaintiff's traverse was good.
Bryan CJCP said that plaintiff's traverse was void, and thus mispleading (jeofaile). |
(for D:) cest sans ceo sur que l' issue fuit joine, n' est que voide, issint l' issue prise sur ceo que n' est material, issint un Jeofaile
Bryan CJCP: chose que n' est dedit serra prise come conus en point de judgment; mes ust quer- (?) le title a luy de comesses (?) |
Sulyard (for P): because the defendant had conveyed the fee simple to him (defendant) by descent from John Longe (the husband), which ought to be traversed, because this is the defendant's title so when we have shown that he (husband John Longe) had only a term of life, this is an argument that he (husband) was not seised in fee, and so to rest there, if we had not said more, the plea would not have been good, so the traverse is good
Bryan (to the contrary): because it is agreed by both parties that (the wife) Alice was seised before the marriage (coverture), and that they (husband and wife) made the feoffment and then (husband and wife) levied the fine, and so the variance begins, because the one (defendant) showed tha the estate was to them (husband and wife) jointly, and the other (plaintiff) showed that it (estate) was to the wife's heirs, so it is clear whether it be that the husband had fee before the marriage (coverture) or not, but all his (husband's) right is gone by the fine, so the plaintiff's traverse, denying that the husband John Longe wa seised in fee, was void, but if the (plaintiff's) traverse had been 'denying that (husband) John Longe was seised, etc. since the fine, etc. (it would be good?)
Choke JCP: the issue is perilous, because (whether) it be so that he (husband) was seised before the fine or after it, it would be found against the plaintiff, etc.
Sjt Pygot (for D): the issue is misjoined, as in an Assize of Mortdancestor the tenant showed how he granted the land by fine to the demandant's (plaintiff's) ancestor for a term of his life, denying that he (demandant's ancestor) died seised in fee, and so they are at issue, and this (verdict) is found for the plaintiff, this is mispleading (jeofaile), because the issu is put on a thing that is immaterial (n' est material), because his estate was clearly voided (avoide) by the fine, so here, the fee that was in the husband was terminated (determine), so the traverse taken (by plaintiff) on this is void (avoide)
Catesby JCP (to the contrary): because the title and the substance of the bar is (that) the fee simple descended to the defendant, which is alleged in the husband (barr-), so the plaintiff has never acknowledged in his title any fee in the husband, but he (husband) was seised in right of (his wife) Alice, and how he gave his right to the others, which is argument, and so he (plaintiff) ought to traverse as he has done
Bryan CJCP: Sir, the bar is confessed and avoided, because in his pleading he (plaintiff) has only denied that (the husband) John Longe was seised in fee, and a thing that is not denied will be taken as admitted (conus) in point of judgment, and here the fine has avoided all the estates in (the husband) John Longe even though he (plaintiff) has shown an estate in (the husband) John Longe for a term of his life by the refeoffment after the fine, yet if he (plaintiff) had not shown this specially, but had conveyed (quer- ) (or queried?) to him (husband?) the title of (comesses) (to confess?), the defendant ought to have conveyed to him a new title after the fine, or to have avoided the fine, or otherwise he (defendant) would be found guilty of the entry, which proves that the bar was well confessed and avoided, so the traverse was void, and thus mispleading (jeofaile), etc. |
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1482.066 = Hil. 21 Edw. 4, pl. 37, fol. 83a-83b |
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Judgment
Plea
Bar
Plea In Bar
Showing
Wife
Seisin
Joint Seisin
(Joint Tenancy)
Fee
In Fee
Survival (survesque)
Death (morust)
Protest
Protestation
Dying Seised
Dying By Protest Seised
Conveyance
Heir
Descent
Colour
Giving Colour
Length
Long Time
Time
Nothing
Seisin In Fee
Marriage (prist al barron)
Husband
Right
Right Of His Wife
Fine
By Fine
Grant
Person
Feoffment
Force
Degree
Intermediate (mesne)
Mesne Degree
Denial
Sans Ceo
Issue
Joinder
Joinder Of Issue
Voidance
Void Issue
Taking Issue
Materiality
Immaterial
Mispleading (Jeofaile)
Jeofaile
Contrary
Fee Simple
Traverse
Title
Term Of Life
Argument
Resting
Bad Plea
Good Plea
Plea
Good Traverse
Agreement
Party
Marriage (coverture)
Coverture
Making Feoffment
Levying Fine
Commencement
Variance
Estate
Joint Estate
Wife's Heir
Clarity
Gone (ale)
Void Traverse
Peril
Risk
Perilous Issue
Danger
Finding
(Verdict)
Misjoinder
Misjoined Issue
Assize
Mortdancestor
Assize Of Mortdancestor
Grant By Fine
Ancestor
Thing (chose)
Avoidance
Termination (determine)
Contrary
Substance
Substance Of Bar
Allegation
Acknowledgement conus)
Gift
Confession And Avoidance
Pleading
Nondenial
Point
Point Of Judgment
Refeoffment
Special Showing
Especially
Specially
Query
Comesses
Conveyance Of Title
New Title
Avoidance Of Fine
Otherwise
Guilt
Entry
Good Confession And Avoidance |
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