Attorney General v Weeden and Shales
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1678 |
| Date | 01 January 1678 |
| Court | Exchequer |
English Reports Citation: 145 E.R. 776
IN THE COURT OF EXCHEQUER
attorney-general ugainst weeden and shalus.-Choses in action belonging to an alien enemy are forfeited to the Crown : but there must be a commission and inquisition to intitle the King; and a peace before inquisition discharges the cause of forfeiture. Peter La Store (who was a Frenchman naturalized) made his will during the war, and gave several legacies to Frenchmen living in L'ourdeaux, and died. Some of the legacies were payable presently, others at age, &c. A commission issued to find this matter, and then the peace was made, and ten days after an inquisition was found and returned : and upon long debate, it was resolved, First, that choses en action which belonged to an alien enemy, were forfeitable to the Crown. Maynard's ed. 2, inter Memoranda Scaccarii, 41. Secondly, that this ought to be found by inquisition to make a title to the King ; and that this was an inquisition of intitling, and not of instruction. Page's caxe, 5 Co. 52. Thirdly, that the peace being concluded before the inquisition was taken, discharged the cause of forfeiture. Fourthly, that the inquisition taken afterwards, did not...
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