| 1285.036ss |
1285 |
Northampton Eyre |
Contra formam feoffamenti (ne distrigatur) |
de secta non debita |
|
0 |
Edw. 1 |
Northampton 13 |
122 SS 251-255 |
|
Aylmer |
William, of Boddington |
|
|
| |
|
Marlborough (1267), ch. 9 |
| Ceo ws mustre Willem Aylmer etc. ke, cum de comun conseyl du realme seyt purw qe nul par enchesun |
96 |
Brand: An action of Contra formam feoffamenti was brought by a tenant who had recently acquired his holding against a lord who had distrained him to perform suit of court. The lord initially challenged the form of the count for failing to be sufficiently explicit in alleging the dual grounds of the tenant's alleged immunity from suit of court, but the court held the count good. The lord then challenged the action on the grounds that, as a recent purchaser of the tenement, the plaintiff could not establish that his 'ancestors' had held the tenement before the limitation date and thus could not show that they had not performed suit then; but the plaintiff said that it was enough for him to show that the lord and his ancestors had not been seised of suit before the limitation date at the hands of the tenants of the tenement, whether or not they were his ancestors, and that the terms of the original feoffment did not require the performance of suit. The lord then waived that response but answered instead that the tenant had been enfeoffed on condition that he perform the customary services owed for the tenement and that the lord had been seised of his suit at the hands of previous tenants. The plaintiff again pleaded the terms of the original feoffment exempting the first tenant from suit of court and offered to prove that the lord had only acquired seisin of the suit after the limitation date. Judgment was adjourned on whether or not he should be allowed to prove this.
(contra formam feoffamenti) |
BL MS Stowe 386, fols. 199r-199v
BL MS Addit. 5925, fols. 94r-94v
BL MS Addit. 37657, fols. 62v-63r
BL MS Harley 493A, fols. 246v-247v
LI MS Hale 188, fol. 44r |
|
|
|
| Paul A. Brand, The Earliest English Law Reports, vol. 3, 122 SS 251-256 (London 2005) (85 Northants. 13) |
| JUST 1/622, m. 21d |
0 |
|
|
2008-06-29 |
|
