1268.007ss |
1268 |
Yorkshire Eyre |
Mortdancestor for rent |
bref de redditu |
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0 |
Hen. 3 |
Yorks. 1 |
122 SS 2 |
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Birmingham |
Thomas, son of Robert of |
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Geoffrey, uncle of plaintiff Thomas
William (Robert), father of Thomas & brother of Geoffrey & feoffor of defendant William |
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Thomas de B. petit sex solidos redditus versus Willelmus de B. per breve mortis antecessoris de morte |
23 |
ipsam quassando dicendo quod pater suus tunc non fuerit compos mentis |
Brand: An infant brought Mortdancestor on the seisin of his uncle at the time of his death. The tenant pleaded a grant with warranty made after the uncle'[s death by the infant's grandfather ( the uncle's father) while he was in possession. All the grandfather's lands had since descended to the infant and thus he was barred by his grandfather's deed. The infant denied that his grandfather had been capable of making a valid grant as he had never been seised after the death of his uncle. The jury found the facts were as the tenant claimed. The case was adjourned till the infant came of age and was able to respond to his grandfather's charter.
(mortdancestor) |
CUL MS Dd. 7.14, fol. 398r |
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Paul A. Brand, The Earliest English Law Reports, vol. 3, 122 SS 2-3 (London 2005) (68-9 Yorks. 1) |
JUST 1/1050, m. 47 |
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2008-06-29 |
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