| 1289.008ss |
1289 |
Common Pleas |
Debt |
De debito plegii |
| (Mich.) |
17 |
Edw. 1 |
2 |
112 SS 322-323 |
Spigurnel, Henry Sjt (for P)
Lisle, John de Sjt Ilde (for D)
Spigurnel, Henry Sjt
Lisle, John de Sjt Ilde
Spigurnel, Henry Sjt
Lisle, John de Sjt Ilde
Spigurnel, Henry Sjt
Lisle, John de Sjt Ilde
Lovetot, John de JCP
Lisle, John de Sjt Ilde
Spigurnel, Henry Sjt
Lovetot, John de JCP |
Fishacre (Lincoln) |
Peter of (John of), executor of William |
|
|
|
(Pomerie, Henry de la) or William, principal for defendant's surety and plaintiff's testator |
|
|
| Johan de Lincoln porta bref de dette vers B. qe fut plege e dettur etc. (B.) Sire, nous demandom par quei |
39 |
| Lovetot JCP: ceo serreit tort qe deuz fethe fussetz paie de une dette et un obligacion |
Lovetot JCP: it would be wrong that you were paid twice on a single debt and obligation
Brand: An action of debt was brought against one of two sureties. Held that where each surety was severally obliged to pay the debt it was not necessary for the plaintiff to sue both. Also held that where a surety was obliged in writing as principal debtor and surety could not allege payment without a specialty. No specialty was needed, however, to secure jury trial on the defendant's allegation that the plaintiff had acted as the executor of the original creditor and had satisfied himself for the debt from the assets of the deceased.
(debt) |
| Bodleian MS Holkham Misc. 30, fol. 46v |
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|
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| Paul A. Brand, The Earliest English Law Reports, vol. 2, 112 SS 322-323 (London 1996) (1289.8) |
| CP 40/80, m. 73 |
1289 |
Fishacre, Peter of |
Kirkham, Nicholas of |
2008-06-29 |
|
