Boston University School of Law

Legal History: The Year Books

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Seipp Number:
Year
Court
Writ
Marginal Heading
1268.007ss 1268 Yorkshire Eyre Mortdancestor for rent bref de redditu
Term
Regnal Year
King: Plea Number Folio Number
0 Hen. 3 Yorks. 1 122 SS 2
Serjeants/ Justices Plaintiff Surname Plaintiff First Name v. Defendent Surname Defendent First Name
Birmingham Thomas, son of Robert of
Other Plaintiffs Other Names Places Other Defendents
Geoffrey, uncle of plaintiff Thomas
William (Robert), father of Thomas & brother of Geoffrey & feoffor of defendant William
Abridgements Cross-References Statutes
     
Incipit (First Line) Number of Lines
Thomas de B. petit sex solidos redditus versus Willelmus de B. per breve mortis antecessoris de morte 23
Process and Pleading
Language Notes (Law French)
ipsam quassando dicendo quod pater suus tunc non fuerit compos mentis
Abstract Context
Commentary & Paraphrase
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)
Manuscripts Mss Notes Editing Notes Errors
CUL MS Dd. 7.14, fol. 398r
Translations/Editions
Paul A. Brand, The Earliest English Law Reports, vol. 3, 122 SS 2-3 (London 2005) (68-9 Yorks. 1)
Plea Roll Record Year Record Plaintiffs Record Defendants Last Update
JUST 1/1050, m. 47 0 2008-06-29
Keywords
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