| 1288.005ss |
1288 |
Dorset Eyre |
Mortdancestor |
|
|
0 |
Edw. 1 |
Dorset 1 |
123 SS 389 |
| Un Johan porta le mortdancestre ver Johan Jordan de la mort sun pere |
24 |
Brand: A man brought Mortdancestor claiming land which had belonged to his father. The tenant produced an unconditional deed of the father granting him the land. The claimant alleged that there had been a collateral (but parole) [sic] agreement under which the tenant was to hold the land for a month and then marry the father's daughter but that the land was to revert to the father if he failed to do so. The father had died within that month and no marriage had taken place. The court allowed this parole agreement to go to a jury which confirmed its existence and the other facts. The court held that the condition (and the failure to fulfil it) meant that the father had died in seisin and gave judgment for the claimant. The enrolment (which may be of a different case) relates to a claim made by the brother of a deceased tenant who had granted the land to a woman a month before their marriage but was held not to have successfully alienated it because he had done so in anticipation of the marriage.
(mortdancestor) |
BL MS Addit. 35116, fol. 64r
BL MS Hargrave 375, fol. 94r |
|
|
|
| Paul A. Brand, The Earliest English Law Reports, vol. 4, 123 SS 389-390 (London 2007) (88 Dorset 1) |
| JUST 1/213, m. 3 |
0 |
|
|
2008-06-30 |
|
