Rede v Berelocke
| Jurisdiction | England & Wales |
| Year | 1792 |
| Court | Court of the King's Bench |
| Date | 1792 |
English Reports Citation: 80 E.R. 21
IN THE COURT OF KING'S BENCH
semayne versus ghesham. Case. Jointenants. Execution. Cro. El. 908. 5 Co. 91. Mo. 668. Co. Entr. 12. Forat. Cr. Law. ch. 8. s. 20. Cowp. 1 to 8. 2 Hawk. P. C. 138. 2 Bac. Abr. 367. 4 Bac. Abr. 454. Where the sheriff may break the door to do execution. Gresham and one Beresford were Jointenants of an house in London, in which house Beresford had several goods; and being indebted to Semayne, and judgment given against him for the debt, dy'd possessed of the said goods, iti the said house i Gresham continued possessed in the house by survivor; Semayne took execution for the goods of Beresford ; the Sheriff of London, taking with him a jury to praise the goods of the said Beresford, came to the said house to servo the execution ; which Gresham perceiving, before the sheriff had enter'd the house, shut the door of the said house, and would not suffer the sheriff nor the jury to enter to view and praise the goods; whereupon Semayne brought an action on the case against Gresham for disturbing the said execution, and rleclar'd upon all the preceding matter. And (by Fenner and Yelverton) the action does not lie; for Gresham has done nothing but what he may lawfully justify, viz. shut his own doors. And altho' the execution had been for the debt of Greshatn, yet before the sheriff's entry into the house it had been lawful for him to shut the door; for, unless it is upon a capias utlagatum, which is the Queen's auit^ for the contempt of the party, it is not lawful for the sheriff to enter the house unless it is open ; as * 18 Ed. 4-is : concexstim by all the justices, contrary to the book 18 E. 2. t Execution. And also in this case (per Fenner) if the sheriff himself might have enter'd, yet it is not lawful to bring a jury into the house to praise the goods ; for it was very inconvenient to have so large a company in an house, and might be prejudicial to the party, by the loss of the goods, &c. Pophatn contra, because by tliis means justice is hinder'd; for execution is the effect of the whole suit; and if execution cannot be made, but is prevented by this means, then it will bo in vain to sue ; and therefore he conceiv'd the book in 18 E. 2. Execution, is better law than 18 E. 4. and he was of opinion that upon an execution between party and party, the sheriff might enter and break the door ; to which Fenner Justice answer'd, that...
To continue reading
Request your trial
-
The Case of Courtney, an Attorney
...Rep. 280, and Doe v. Bracebridge, 1 Term Rep. 2, notis.-See also 3 Term Rep. 643. 4 Burr. 2454. (b) Bearblock v. Read, Cro. Eliz. 822. S. C. Yelv. 29. S. C. 2 Brownl 39 S. C. Godolphin, 219. S. C. Co. Ent. 152. 1150 HILARY TERM, 1 QUEEN ANNE. IN B. B. 7 MOD. Ml. Holt, Chief Justice. Though ......
-
Prinn v Edwards
...Skinn. 590. Holt 198. Garth. 2. If an executor brings debt on a judgment against his testator, he may pending the writ pay a statute. E. Yelv. 29, cit. 4 Mod. 248. 7 Mod. 140(J). Debt upon a judgment. The defendant pleads, that a writ of error is brought returnable in the Exchequer Chamber ......
-
Anonymous
...after judgment, but by action of debt, until the Statute of Westminster the Second gave a seire facias after the year; and it is resolved, Yelv. 29, that an executor could not plead a judgment against his testator after error brought in bar of a scire facias upon a statute, because it was d......
-
Anonymous (1796) 12 Mod 43
...English Reports Citation: 88 E.R. 1153 COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER Anonymous case 86. anonymous. Fide Yelv. 29. Postea, Mich. 5 Will. & Mary, Anonymous. Holt, Chief Justice. An executor may justify payment of a statute, when a judgment is suspended by writ o......