| 1482.121 |
1482 |
Common Pleas |
Entry in the quibus |
Entre le quibus |
| Mich. |
22 |
Edw. 4 |
4 |
24b-25a |
Vavasour, John Sjt Vavisor (for P)
the Justices (mentioned)
Catesby, John JCP
Bryan, Thomas CJCP Brian |
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B., J., grandfather of defendant
B., R., father of defendant
at S., J., feoffor
at Noke, J., feoffee |
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| Brooke Colour 63 |
20 Hen. 6, fol. 8
18 Edw. 4, fol. 11
10 Hen. 7, fol. 14 |
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| En brief de quibus, le tenant plede coment long temps devant que le demandant riens avoit en meme la terre un J.B. l' aiel |
14 |
Tenant (defendant) pleaded that long before demandant (plaintiff) had anything in the same land, tenant's grandfather was seised of the same land, said by protest that tenant's grandfather died seised, pleaded that after tenant's grandfather's death the same land descended to tenant's father, by for ce of which tenant's father as son and heir entered, and was seised, that then afterwards this same tenant's father had issue, tenant said by protest that tenant's father died seised, of the same land, after whose death the same land descended to tenant as son and heir, that plaintiff (demandant), claiming the same land by colour of a deed of feoffment by tenant's father to plaintiff and to his heirs, where nothing passed by the deed, entered, on whom tenant as son and heir to tenant's father entered.
Demandant (plaintiff) replied that the descent from tenant's grandfather to tenant's father was entirely void in tenant's plea, and was surplusage, so demandant prayed that the first descent be put out of the book (lieu) (out of the roll), because it was only an incumbrance.
Catesby JCP and Bryan CJCP agreed with this.
Tenant's (defendant's) plea as to the descent from tenant's grandfather to tenant's father was ousted (put out of the book (lieur, roll). |
mixed terminology of demandant and plaintiff, tenant
Sjt Vavasour (for P): le discent de l' aiel a le pere est tout void en le plee, & est surplusage, & priomus que il soit mis hors de le lieu (= liver, book, roll), car il n' est forsque combrance a nous: Mes s' il avoid done a nous un colour pur le aiel, donques il ust estre assets bon |
Sjt Vavasour (for P): the descent from the (defendant's) grandfather to the father is entirely void in the plea, and is surplusage, and we pray that it be put out of the book (lieu, roll), because it is onloy an incumbrance to us; but if he had given us a colour by the grandfather, then it (defendant's plea of the first descent) would have been good ; and it is the same law in an Assize if the tenant pleads the feoffment from one J. at S. to one J. at Noke, and gives the plaintiff a colour by the first feoffor then all the plea is good, but if he gives the colour by the later feoffor, then all the rest (the first feoffment) is void, and the Justices ought to put this out of the book (lieur)
and Catesby JCP and Bryan CJCP agreed with this,
so the descent from the grandfather to the father was ousted,
which note well, etc. |
Quibus
Pleading
Length
Time
Long Time
Nothing
Grandfather
Seisin
Protest
Protestation
Death (morust)
Dying Seised
Seisin
Descent
Father
Force
Son
Heir
Entry
Issue
Claim
Colour
By Colour
Deed
Feoffment
Deed Of Feoffment
To Him And To His Heirs
Passing
By Deed
Matter
Readiness (prist)
Sight (veies)
Conveyance
Tenancy
Giving Colour
Case
Entirely
Voidance
Void Plea
Plea
Surplusage
Putting Out (mis hors)
Book (lieu, lieur)
Encumbrance (combrance)
Sufficiency (assets)
Good Enough
Assize
Pleading
Feoffor
First Feoffor
All The Plea
Last Feoffor
Rest (remnant)
Agreement (concordant)
Concord
Ouster
Note
Nota Bene
Note Well |
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