Anonymous (1726) 1 Vent 265
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1726 |
| Date | 01 January 1726 |
| Court | Court of the King's Bench |
English Reports Citation: 86 E.R. 177
IN THE KING'S BENCH, EXCHEQUER, COURT OF CHANCERY
anonymus. An indictment of forcible entry upon 8 H. 6 being removed hither by certiorari, a restitution was prayed: but to stop that, it was said, that the indictment was traversed; and a plea, that the party had had three years quiet possession, according to the 31st of Eliz. and though Dyer 122 is, that 'tis in the discretion of the Court to grant restitution even after a traverse put in; yet now since the Stat. of Eliz. where such plea is tendred, the Court cannot grant a restitution, tho' they would in this case, if by law they might; for the party that made this entry had lost the land just before by verdict in an ejectment, and by this means the effect of it should be disappointed. Note, The indictment wanted vi & armis; for it was pacifice intravit & sine judicio disseisivit, & a possessione expulit & amovit. But on the other side it was said, First, that the entry being pacifice, it was not the course to lay it vi & armis. Secondly, that 37 H. 8, c. 8, supplied the defect of vi & armis in an indictment: but as to the later the Court were of opinion, that the statute supplied only the lack 178 HILL. ANNO 26 AND 27 CAR. II. IN B. B. 1 VENTBIS, M6. of the words gladiis, baculis & cultellis, as are mentioned in the statute. Fide the statute.
English Reports Citation: 86 E.R. 178
IN THE KING'S BENCH, EXCHEQUER, COURT OF CHANCERY
anonymus. 2 Lev. 128. 3 Lev. 17. 1 Salk. 58. Antea 3, 120. 1 Mod. 218...
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Dominus R v Wynd et Al'
...taking away two water-engines; after verdict pro Eege it was moved in arrest of judgment, that there was no vi et armis. 2 Keb. 133. 1 Vent. 265. Sed per Curiam, the riotose ceperunt, fregerunt et prostraverunt. implies a force, arid the indictment is well enough. Vide 37 Hen. 8, c. 8. Cro.......
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The King v Harris. [COURTS of KING'S BENCH, CHANCERY, COMMON PLEAS and EXCHEQUER.]
...S. C.] Garth. 496. Inquisition removed into B. R. no restitution can be if defendant traverse or plead three years possession. Far. 138. 1 Vent. 265. 3 Salk. 170. Comb. 328. Holt 324, S. C. 3 Salk. 313. 5 Mod. 443. Cases B. R. 268. Comb. Dig. Forcible Entry, D. 7, vol. 4, pa. 211, 3d edit. ......
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The King v Harris
...harris. 5 Mod. 443, S. C. 1 Salk. 260, S. C. Where a man is found guilty of a forcible entry, restitution must be awarded forthwith. 1 Ventris 265. 3 Salk. 170. Comb. 262, 263, 328. Dyer 141, pi. 48. 1 Inst. 256. Dal. c. 79. Cromp. 71. 8 Co. 119 b. 120 b. 2 Browril. 266. 2 Bulst. 139. 2 Ins......
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Star v Rookesby
...fence between the plaintiff's and defendant's close to be out of repair, per quod defendant's cattle entered plaintiff's close, &e. lies. 1 Vent. 265. Where a charge against common right is laid on owners of the soil, plaintiff must make title; and a prescription is sufficient. Eep. A. Q. 1......