| 1289.035ss |
0 |
Assize |
Mortdancestor |
|
|
0 |
Edw. 1 |
unidentified assize 2 |
123 SS 522-523 |
| Quidam A. tulit breve mortis antecessoris super B. fratrem suum natum ante matrimonium ex morte patris |
13 |
Brand: A legitimate son born within marriage brought the assize of Mortdancestor against his elder brother born before the marriage of his parents. The elder brother claimed to hold by the same descent. The younger brother denied that he could do this because he was a bastard. The court held that this response was not available to a claimant in a possessory action since it was an exception in the right, but suggested it might have been available to a tenant.
(mortdancestor) |
| Merton College Oxford MS 321, fol. 39r |
|
|
|
| Paul A. Brand, The Earliest English Law Reports, vol. 4, 123 SS 522-523 (London 2007) (pre-1290 Unidentified Assize 2) |
|
