Boston University School of Law

Legal History: The Year Books

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Seipp Number:
Year
Court
Writ
Marginal Heading
1268.008ss 1268 Yorkshire Eyre Mortdancestor?
Term
Regnal Year
King: Plea Number Folio Number
0 Hen. 3 Yorks. 2 122 SS 3-4
Serjeants/ Justices Plaintiff Surname Plaintiff First Name v. Defendent Surname Defendent First Name
Laxton, Robert of (mentioned)
the jurors
Sarah daughter of Margaret
Other Plaintiffs Other Names Places Other Defendents
Margery (Margaret), mother of plaintiff Sarah
T. (Gilbert), father of defendant Ralph
Peter, son of Robert & father of Sarah & felon & outlaw
Robert, father of Peter
B.
Abridgements Cross-References Statutes
     
Incipit (First Line) Number of Lines
Assisa venit [recognitura[ si Margeria fuit seysita in dominico suo ut de feodo de uno mesuagio et una 26
Process and Pleading
Language Notes (Law French)
Abstract Context
Commentary & Paraphrase
defendant pleaded that plaintiff was the daughter of a felon named Peter who was committed felony by killing a man, for which Peter was subsequently indicted before Robert of Laxton and his colleagues, Justices itinerant in the county, and subsequently outlawed
plaintiff Sarah denied this
assumption that a daughter was incapably of being her mother's heir if her father was a felon
Brand: A woman brought Mortdancestor on the basis of her mother's seisin at the time of her death. The tenant pleaded her father's outlawry for homicide as a bar to any hereditary claim by the claimant. A jury found that her father had never been outlawed or convicted. It also then confirmed that her mother had died in seisin and so she recovered.
(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 3-4 (London 2005) (68-9 Yorks. 2)
Plea Roll Record Year Record Plaintiffs Record Defendants Last Update
JUST 1/1050, m. 40d 0 2008-06-29
Keywords
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