Britton against Cole
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1796 |
| Date | 01 January 1796 |
| Court | High Court |
English Reports Citation: 88 E.R. 1244
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER
casb 301. bbitton against cole. The cattle of a atranger, levant et couchant on land extended on an outlawry, may be taken by levari facias, for they are the issues.-S. C. 5 Mod. 112. S. C. Salk. 395, 408. S. C. Comb. 434, 469. S. C. Garth. 441. S. C. Skin. 617. S. C. Holt, 421. S. C. Corny. 51. S. C. 1 Ld. Eay. 305. Trespass for taking forty-three sheep and two lambs, the twentieth of May, in the seventh year of William the Third. The defendant justifies, that the twelfth of February, in the sixth year of William the Third, before the trespass alledged, the King's writ of levari facias issued out of the Exchequer to the Sheriff of Gloucester, reciting, that the late Sheriff of Gloucester, by virtue of a capias utlagatum issuing out of the Common Pleas against Francis Cresset, who was outlawed in Somersetshire on the twelfth day of June, in the fifth year of William and Mary, at the suit of Thomas Cole, modo defendentis, and Mary his wife, in a plea of debt, had returned, that the said F. Cresset was then seised in fee of the lands in question; and that he seised the lands into the King's hands, which were found to be of the annual value of fifty-five pounds, and therefore the King commands, the steriff that all and singular the rents, issues and profits of the premises arising thereon, from the taking the same into the King's hands, to the Feast of the Annunciation then next ensuing, should be levied according to the annual value (a) 1 Cro. 502. (b) 5 Co. 119. 10 Co. 43. Salk. 675. (c) 1 Cro. 102. 12 MOD. 178. HILARY TERM, 9 WILL. 3. IN B. R. 1245 thereof, so that the money thereof arising should be had before the Barons of the Exchequer at such a time; by virtue of which writ the sheriff made a precept directed to all his bailiffs, and particularly to Anth. Powell, J. 0. and J. Powell, to levy the money aforesaid, according to the tenor of the said writ, out of the issues of the said land; and because the said forty-three sheep and two lambs were, after the said inquisition, and before the Feast of the Annunciation, levant et couchant upon part of the premises, the defendant requested the said A. Powell and J. Powell to take and drive away the said sheep and lambs, according to the tenor of the said writ; super quo idem Josephus P. and J. Powell took arid drove away the said sheep and lambs. On which plea the plaintiff demurred, and the [176] defendant joined in demurrer. And Holt, Chief Justice, delivered the opinion of the Court.-The case in short is : Cresset is outlawed in a personal action ; and on a special capias utlagat. and inquisition thereon, such lands are found to be his, and returned to be of the annual value of fifty-five pounds; the plaintiff's cattle are found upon the same land levant et couchant; they are taken by virtue of a levari facias; and the...
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