| 1289.031ss |
1289 |
Wiltshire Eyre |
Mortdancestor, Assize of |
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|
0 |
Edw. 1 |
Wiltshire 22 |
123 SS 436-437 |
|
John |
son of Wigan de Cherbourg senior |
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|
| Assyse vint a reconustre sy Geffrey de C. fut seysy en son demeyne com de fee le jour ke yl morut de une |
40 |
Brand: Wigan de Cherbourg was a tenant in chief and at his death the king had all his lands taken into his hands. Initially his son John by Christine of Chedworth approached the king and an inquisition found that he was his father's next heir and he was put into seisin of his father's land. The king was then approached by another son also named John, who was his son by Ellen the daughter of Philip de la Leye, and a second inquisition found that this John was his next heir. This led the king to have the lands seized back into his hands and to commission a further enquiry by John of Havering and the local sheriff. Both sons attended the inquisition and challenged jurors. The verdict was in favour of John the son of Christine. When the verdict was returned to the king he ordered him to be put back into possession. John subsequently granted these lands (minus the dower share of Wigan's widow, not the mother of either son) to Nicholas de la Huse. John the son of Ellen then brought a Mortdancestor to claim a manor belonging to this inheritance. Nicholas vouched the other John to warranty and he pleaded in bar the finding of the prior inquisition. The claimant denied that its verdict was binding since it had been taken ex officio. Since there had been no proper process and the king had been in seisin of the land at the time, the court agreed that its verdict was no bar to the assize. The parties then reached an agreement. The enrolment shows that this took the form of a quitclaim by the claimant to Nicholas de la Huse.
(mortdancestor) |
| CUL MS Dd. 7.14, fols. 407v-408r |
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| Paul A. Brand, The Earliest English Law Reports, vol. 4, 123 SS 436-439 (London 2007) (89 Wilts. 22) |
| JUST 1/1011, m. 14d |
0 |
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2008-06-30 |
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