Anonymous (1794) 6 Mod 134
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1794 |
| Date | 01 January 1794 |
| Year | 1794 |
| Court | High Court |
English Reports Citation: 87 E.R. 954
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
case 292. adams against the terre-tenants of savage. On a scire facias against tern-tenants, without naming them, if it be pleaded in abatement that A. is a terre-tenant, and not summoned, the defendant shall not answer over until A. be summoned, but the writ shall not be abated.-S. C. ante, 134. S. C. past, 226. S. C. 1 Salk. 40. S. C. 2 Salk. 601, 679. S. C. 3 Salk. 321. S. C. Lilly Ent. 398. Scire facias was brought to summon in the terre-tenants of Savage, not naming them. To this it was pleaded in abatement, that J. S. was a terre-tenant not sumrao ned, and concluded, quod breve cassetur ; Whereas the true way had been to conclude, si respondere debeat quousgiie, and thereupon to take a new writ to summon in that terre-tenant. All the Court took a difference where the writ is general, and where it goes about to name the terre-tenants particularly, and omits one : in the latter case, the writ may be abated, for there the party may have a better writ of the kind, viz. one naming them all; but in the first case he cannot. And therefore we cannot give judgment to quash the writ, but only that he shall not be put to answer until the other be summoned. (a) Plowden, 73. 2 Roll. Abr. 668. (a) Year Books 33 Hen. 6, pi. 55 ; the 37 Hen. 6, pi. 29 b. pi. 30 a.; the 4 Edw. 3, pi. 31 ; the 8 Edw. 3, pi. 50; the 21 Hen. 6, pi. 26 b.; the 5 Edw. 4, pi. 25 a; and Rastal's Entries, 310. 6 MOD. 200. TRINITY TERM, 3 QUEEN ANNE. IN B. R. 955 But because Darnell, Serjeant, urged, that ho had a multitude of precedents to the contrary, they gave day to shew them (a). Adiowrnatw.
English Reports Citation: 87 E.R. 977
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
cash 329. adams against teere-tenants of savage. If an administrator bring a scire facias on a judgment by his intestate, to warn the tenants, and the sheriff returns several terre-tenants, they cannot all appear and plead in abatement jointly. If on a scire facias against terre-lenants the sheriff return, among others, John and Sarah his wife as tenants, a plea in abatement that G. T. is the tenant is bad; for it is pleading non-tenure by implication.-S. C. ante, 134, 199. S. C. 1 Salk. 40. S. C. 2 Salk. 601, 679. S. C. 3 Salk. 321. S. C. Lilly Ent. 398. The case...
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