Bishop of Lincolnes Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1650 |
| Date | 01 January 1650 |
| Court | Court of the King's Bench |
English Reports Citation: 74 E.R. 920
King's Bench Division
and so it shall be, if he held but a mesnalty 7 Ed. 4. A man held by frankalmoigne, be shall say, infra feodum summ, and in reputation amongst men a seigniory is a manner: for if a man makes a feoffment of a mannor, with livery where he bath no mannor, yet shall it passe, 7 E. 3. where a mannor passeth by the name of knights fee. And as to the intirenes of the seigniory it is easily answered, for although the rent were entire, yet it may be severed, for a rent charge is entire, yet a proportionment may be made thereof 44 Ed, 3. To which the Court agreed that the rent without doubt might be severed. Walrnseley, for the plaintiff, The question is if the rent passeth by the name of a mannor to the devisees. If a grandmother deviseth land to her daughter J. S. whereas she is her daughters daughter, yet this is good, because in common speaking she is so called, but here the words are not apt, nor used in common speaking, viz. that rent should be taken for a mannor, and therefore it is voyd, as a gift to the right heirs of J. S. who is attaint 19 H. 8. And he concluded with this difference : that where the words have any affinity or likelihood [89] to the mannor, then it will passe by the name of a mannor. As if a man deviseth his house and land by the name of a mannor it shall passe. But here being but a service, it is otherwise. Gawdy cont. For if the rent passe not nothing shall passe, which is a hard construction on a will. For 21 Rich. 2. Devise 27. a devise ecclesite Sancti Andrem is a good devise to the parson of the church. And in Brett and Rigdens case a man devised a mannor in which he had nothing, and after purchased the mannor, the devise is good. And in 26 H. 6. Feoffment 12. land will not pass by deed by the name of a house, but land will pass by the name of a carue, and a cattle by the name of a mannor, and I hold that the rent in this case will passe by the name of the mannor, for a mannor does consist of demesnes services, and rent may be called a mannor as well as a carue, and the King gives it by the name of a mannor to the devisor, and that is the reason that the devisor calls it a manner : and if you grant to me an advowson by the name of the church and rectory, and I devise the rectory, the advowson and the church will passe by the name of rectory : and in Plouden. 194. a man did let his house and great demesnes rend ring rent, and did devise to...
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