| 1268.008ss |
1268 |
Yorkshire Eyre |
Mortdancestor? |
|
|
0 |
Hen. 3 |
Yorks. 2 |
122 SS 3-4 |
Laxton, Robert of (mentioned)
the jurors |
Sarah |
daughter of Margaret |
|
|
|
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. |
|
| Assisa venit [recognitura[ si Margeria fuit seysita in dominico suo ut de feodo de uno mesuagio et una |
26 |
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) |
| CUL MS Dd. 7.14, fol. 398r |
|
|
|
| Paul A. Brand, The Earliest English Law Reports, vol. 3, 122 SS 3-4 (London 2005) (68-9 Yorks. 2) |
| JUST 1/1050, m. 40d |
0 |
|
|
2008-06-29 |
|
