| 1289.025ss |
1289 |
Wiltshire Eyre |
Mortdancestor |
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0 |
Edw. 1 |
Wiltshire 16 |
123 SS 426-428 |
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Westminster 2nd (1285), ch. 40 |
| Un Henri tint deux mees e demi verge de terre de William par service de chivaler. Cesti Henri feoffa un |
40 |
Brand: William of Kelsall granted land to Hamon de la More to hold by knight service. Hamon subsequently granted this and other land to John Butler by final concord to hold of the chief lords of the fee for the services owed, reserving a rent seck of forty shillings secured on both tenements in favour of himself and his heirs. When Hamon died leaving a son, Nicholas, under age, William seized the rent into his hands and then leased it back to John Butler to hold till Nicholas came of age. Nicholas, while still under age, brought Mortdancestor for the forty shillings rent against John Butler. John vouched William to warranty. Nicholas counterpleaded the voucher both on the grounds that he was vouching for a lesser interest than the one claimed and on the grounds that William had never been seised of the rent since his father's death, but the court still allowed the voucher. When William appeared, he argued that since the rent arose out of a tenement held of him by knight service he was entitled to its wardship. He seems to have been relying on a charter made at the same time as the final concord under which Hamon had subinfeudated the land to John Butler, and not enfeoffed him by way of substitution, but the court held that in the event of a conflict between the terms of a charter and a final concord the evidence of the final concord was to be preferred. As the enrolment makes plain the court gave judgment holding that, since the rent was a rent seck and it was John and not Hamon who had been William's tenant at the time of Hamon's death, William was not entitled to wardship of the rent and so seisin was awarded to Nicholas.
(mortdancestor) |
BL MS Addit. 32088, fols. 96v-97v
CUL MS Dd. 7.14, fols. 402v-403r (II) |
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version II has 50 lines |
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| Paul A. Brand, The Earliest English Law Reports, vol. 4, 123 SS 426-429 (London 2007) (89 Wilts. 16) |
| JUST 1/1006, m. 6 |
0 |
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2008-06-30 |
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