Barrington against Potter and Others, Executors
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1794 |
| Date | 01 January 1794 |
| Court | Court of the King's Bench |
English Reports Citation: 73 E.R. 176
King's Bench Division
barrinoton against potteh and others, executors. Debt against executors for rent accrued after testator's death in the debet and detinet; plea, an eviction of part of the land in the testator's lifetime, and a tender of the rent for the remainder in shillings; and demurrer, because the shillings before bringing the (66) M. 5. Car. B. K. A verdict was given in C. B. against the direction of the Court, and afterwards, upon a new ejectment in B. R. a verdict was given for the same party against the direction of the Court; and therefore the party against whom, &c. brought attaint; and although that is no supersedeas of the first judgment, yet the Court stayed execution until the attaint might be prosecuted. 1 DYER,82a. HILARY TERM, 6 AND 7 BDVV. 6 177 action were lowered by proclamation to the value of sixpence only. See Davis, 73. (67) Eliz. Harrington brought debt for forty marks in the debut [bui. mi. Pri. km, 177. and detinet against Potter and others, as executors of one John £)iSavonb' '^' S Cm' Potter; and counted upon a demise made by her to the testator s Co. si. 10, is h. 7. of one manor and one tenement called R. on the 28th day of November, in the thirty-first year of H. 8. &c. for the term of twenty-one years, rendering annually thirteen pounds six shillings and eightpetice at two Feasts, &c. by virtue whereof the lessee entered and was possessed ; and being so possessed thereof, on the twelfth day of May, in the thirty-seventh year of H. 8. at C. made his will, &c. and then and there died; after whose death the executors entered, &c. and for the rent of two years ended on the Feast-day of Saint Michael the Archangel, [82 a] in the second year 53,19 h. 8, 3, n. b. 119 (67) Entered H. 22. Jac. Rot. 1094. E. 1. Car. B. R. Ward v. Huu^'a. * Bl''St' ""^ Kidswin [Palm. 407. Latch. 7.], upon detinet for Hatnborough money, and exception taken, because the action was brought for money in the detinet only ; and resolved by all the Judges that it was well brought, for it is not current here, or of any value; and therefore the action is all one as for a box, or an horae, or a piece of plate; and Jones doubted whether it could be good if in the ddiet only. Reg. fol. 139, b. In a writ for chattels the action ought to be in the detinet, 46, E. 3. 15. a. Ad valeniiam ought to be omitted in a count for the taking of English silver. H. 43. Eliz. B. R...
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