| 1334.081 |
1334 |
Common Pleas |
Formedon |
Formedon |
Parvyng, Robert Sjt Parn (for P)
Cantebrigge, John de JCP Caunt'
Parvyng, Robert Sjt Parn
Hillary, Roger Sjt (for D)
Parvyng, Robert Sjt Parn
Hillary, Roger Sjt
Parvyng, Robert Sjt Parn
Hillary, Roger Sjt |
|
|
|
|
| Le tenant dit qu'il n'ad riens en les ten'tz huy ce jour, ne n'avoit jour de brief purchase. Jug' &c. @ Parn. |
11 |
| The tenant said that he had nothing in the tenements today, nor had anything on the day the writ was purchased, judgment etc. The plaintiff said that the defendant's plea that he pleaded now would be understood that he had nothing on the day the writ was purchased, judgment of the writ, nor ever after the day of the writ, because if pending the plaintiff's writ the defendant had come to the tenements, the writ was good against him. Cantebrigge JCP said that (Latin begins) it was as yes, it was as no (est ut sic, est ut non) (Latin ends), because if the defendant came by his own action, he would make the writ good, but if he came by descent of heritage or in another manner without his own action, the writ would be abated. The plaintiff said that, while his writ was pending, the defendant had sued a scire facias against a certain person to have execution of the tenements, and execution was awarded to him, so he was tenant etc. The defendant said, then the plaintiff fully acknowledged that he was not tenant on the day the writ was purchased, nor was he tenant today. The plaintiff told the defendant to acknowledge then that he had come thus to the tenements pending the plaintiff's writ. The defendant said that if the plaintiff wished, he agreed that it was acknowledged by the one side and the other, and demurred in the judgment of the court. The plaintiff said he wished it. Then the defendant waived it, and said that he did not give, ready, and the others to the contrary. |
|
