| 1340.219rs |
1340 |
Common Pleas |
Cessavit |
Cessavit |
Gaynesford, John de Sjt (for P)
the court
Thorp, Robert or William de Sjt Thorpe (for D)
Shareshull, William de JCP Sch
Willoughby, Richard JCP Wilby
Gaynesford, John de Sjt |
J. |
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same case ? longer variant report 1340.199rs = Mich. 14 Edw. 3, pl. 1, RS [3]-7 |
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| Cessavit, qun J. porta vers un B., supposant qil tient de lui ij messuages par un service. Le tenant |
17 |
| Summary: J. brought a writ of cessavit against B., supposing that B. held of him two messuages by one service. The defendant showed the deed of one whose estate in the lordship the plaintiff had, by which one whose estate in the tenancy the defendant had was enfeoffed of one messuage to hold by one service, and of the other messuage to hold by another service; judgment of the writ which supposed the tenancy to be one. The plaintiff said that the parties on both sides were strangers to the deed, so that he would maintain his writ. And it appeared to the court that he should not be admitted in opposition to the deed. But the defendant waived the exception of his own accord. The defendant said that he held of the plaintiff by the services of one penny and not by those services of which the plaintiff had counted, and the other side said the contrary. Shareshull JCP said that in this writ, issue could not be taken on the quantity of the services. Willoughby CJKB asked, why not? The plaintiff said that the defendant would not have such a plea without answering as to the seisin, but this was denied. |
| Luke Owen Pike, Year Books of the Reign of King Edward the Third: Years XIV and XV, Rolls Series no. 31, part B, vol. 5 (London 1889), pp. 56-57 |
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