| 1315.041ss |
1315 |
Common Pleas |
Cui in vita |
Cui in vita |
| Pasch. |
8 |
Edw. 2 |
3 |
41 SS 89-91 |
Denum, John or William de Sjt (for D)
Toutheby, Gilbert de Sjt Toud (for P)
Bereford, William de CJCP
Herle, William Sjt (for D) (versions II and III)
Scrop, Geoffrey le Sjt (for P) (versions II and III)
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B., T. of, lessee of plaintiff's deceased husband
(Richard, lessee of plaintiff's deceased husband, defendant's father)
(Robert, plaintiff's deceased second husband) |
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| Vne femme porta son Cui in vita vers vn enfaunt de deinz age del dower son primer baroun aliene par le |
11 |
Bolland: On the plaintiff in this action brought by a cui in vita marrying a second time, her second husband alienated the dower which she had received of her first husband's lands. The tenant, an infant, answered that his father died seised of the land claimed, and that he entered upon his father's death as his father's heir; and, as he was under age, he prayed his age. The plaintiff said in reply that she was claiming only a life estate and nothing to the infant's disherison; and she urged that she might die before the infant, who was only ten years old, attained his full age, and so, if the action were held over till his full age, might not live to recover anything at all. The Court pointed out that if the infant tenant were not allowed his age such course might be inequitable, for the infant was warranted, but could not vouch and try the warranty until he was of full age. And it was ruled that the infant should have his age allowed him.
Headnote (I): A cui in vita was brought against an infant who prayed his age and was allowed it etc.
Headnote (II): A cui in vita for the recovery of dower where the tenant was under age.
Headnote (III): In a cui in vita the tenant said that he entered after the death of his father etc., and that he is under age; and he prayed his age and had it.
Toutheby Sjt speaks for plaintiff in version I and for defendant in version II. |
BL MS Addit. 35094
LI MS Hale 139 (version II)
BL MS Addit. 37658 (version III) |
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Version II had 22 lines. Version III had 18 lines. |
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William Craddock Bolland, Year Books of Edward II, vol. 17: 8 Edward II (1314-1315), 41 SS 89-91 (London 1925)
Pasch. 8 Edw. 2, pl. [7], Vulgate p. 268 |
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