| 1491.013 |
1491 |
Cambridge Assize |
Assize (of Novel disseisin?) |
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| Pasch. |
6 |
Hen. 7 |
3 |
2a (no fol. 1) |
Wutton (or Wootton), Wiliam Utton de Grays Inne (or perhaps Hutton, John)
Huse, William CJKB Assize J Hussey
Fyneux, John Sjt Assize J Fineux
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Gray's Inn (Grays Jnne)
Cambridge |
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Fitzherbert Voucher 46, Assise 36
Brooke Voucher 106, Recoverie 18, Assise 379 |
Perkins, Profitable Boke 141
10 Hen. 7, fol. 10
26 Edw. 3, Lib. Ass. pl. 66
12 Hen. 7, fol. 2
14 Hen. 6, fol. 26
20 Hen. 7, fol. 10
40 Edw. 3, fol. 27
Fitzherbert, Natura Brevium 134 g h
33 Hen. 6, fol.7
48 Edw. 3, fol. 2
6 Edw. 3, fol. 252
Post, fol. 1
8 Hen. 4, fol. 22
26 Edw. 3, Lib. Ass. pl. 6
30 Edw. 3, Lib. Ass. pl. 43
8 Edw. 3, Lib. Ass. pl. 15
17 Edw. 3, Lib. Ass. pl. 2
21 Edw. 3, Lib. Ass. pl. 20
10 Edw. 3, Lib. Ass. pl. 18
27 Edw. 3, Lib. Ass. pl. 30
28 Edw. 3, Lib. Ass. pl. 21
20 Edw. 3, Lib. Ass. pl. 1, 34, accord
1 Hen. 6, fol. 5 (next plea?)
44 Edw. 3, fol. 23 (next plea?)
40 Edw. 3, fol. 48 (next plea?)
22 Hen. 6, fol. 21 (next plea?)
33 Hen. 6, fol. 36 (next plea?)
30 Edw. 3, Lib. Ass. pl. 43
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de Bigamis (1276), ch. 6 (what words in a feoffment bind to warranty) |
| Nota, fuit dit per Utton de Grays Inne, quand il fuit al' Assise in Cambridge, que Hussey & |
13 |
(Defendant vouched the heir of defendant's lessor of a term of defendant's life.
The lessor's heir pleaded that he was not bound to warrant.
Huse CJKB and Sjt Fyneux as Assize Justices held that the lessor's heir was not bound to warrant.)
Huse CJKB and Sjt Fyneux also held that there was no need for the assize jury to inquire of seisin and disseisin because defendant had confessed the ouster of plaintiff.) |
| mixed terminology of plaintiff and tenant, |
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William Wutton (or Wootton) of Gray's Inn was an Apprentice (Baker, Readers and Readings, p. 26). John Hutton of Inner Temple was an Apprentice (Baker, Readers and Readings, p. 69). |
note that it was said by Wutton (or Hutton) of Gray's Inn, when he was at the Assize in Cambridge, that Huse CJKB and Sjt Fyneux said clearly that if one make a lease for a term of life, he (lessor) will not be vouched, and will make an ouster in value by reason of this reversion, unless it (the lease) had these words, 'I give, I grant' or reserves rent, so that there it is within the statute 'de Bigamis' (1276), ch. 6
see the statute and note
(Wutton (or Hutton) reporting Huse CJKB and Sjt Fyneux, continuing:) no more will his heir be bound (lie) (to warrant) by (the words) 'I give', and his father's warranty, unless he be named, because the reversion that descends to him is not a cause for voucher
which note
and also at the same time it was held (by Huse CJKB and Sjt Fyneux) that if one (defendant) pleads a bad bar (in an Assize), and confesses an ouster, if the plaintiff makes himself a title and this is found (by jury verdict) against the defendant there is no need to inquire of the seisin and disseisin; as if he (defendant) had pleaded a good bar, and confessed an ouster, in this case if the bar be traversed, where a title was made by the plaintiff, and (a verdict was) found for the plaintiff, or that the tenant (defendant) pleads 'bring the assize (jury) on (the issue of) the title shown', (similar discussion in 1490.024 = Pasch. 5 Hen. 7, pl. 12, fol. 39a-33b) and this is found for the plaintiff, the plaintiff will have judgment without inquiring of seisin and disseisin, and so where a bad bar is pleaded, the demandant (plaintiff) is not bound to answer this, but he can make his title at large, and pray an assize (jury), and if the title be found (by verdict), they (assize jury) will not inquire of seisin and disseisin, because the tenant (defendant) has confessed an ouster
note |
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1491.013 = Pasch. 6 Hen. 7, pl. 3, fol. 2a |
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Note
Inn
Assize
Clarity
Lease
Making Lease
Term Of Life
Lease For Life
Voucher
Ouster
Value
In Value
Reason
By Reason Of
Reversion
Word (parolx)
Gift
Grant
Dedi
Concessi
Rent
Reservation
Reserving Rent
Case
Statute
Case Of The Statute
Sight (Voies)
Statute And Note
Heir
Binding (lie)
Warranty
Father
Name
Naming
Reversion
Descent
Cause
Time
Same Time
Pleading
Bar
Bad Bar (mal barre)
Confession
Admission
Confession Of Ouster
Title
Making Title
Finding
Verdict (trove)
Need (besongne)
Inquiry
Seisin
Disseisin
Seisin And Disseisin
Good Bar
Traverse
Bring The Assize On The Title Shown
Showing
Viene L' Assise Sur Le Title Monstre
Judgment
Without Inquiry
Answer
At Large
Title At Large |
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