Britton v Cole
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 91 E.R. 342
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Hill. 9 Will. 3, B. R. Intr. Trin. 7 Will. 3, Rot. 187. 1 Ld. Raym. 305, S. C. Comyns 51, S. C.
[395] issues and profits. britton versus cole. [Hill. 9 Will. 3, B. R. Intr. Trin. 7 Will. 3, Rot. 187. 1 Ld. Raym. 305, S. C. Cornyns 51, S. C.] Carth. 441. 2 Inst. 453. Fleta, 68. 5 Mod. 109, 112. Post, 408. Issue of lands not forfeited by outlawry till inquisition taken ; and alienation before inquisition is a bar. 1 H. 7, 7. 19 H, 7, 30. 3 Cro. 431. 21 H. 7, 7. 3 D. 305, pi. 1, S. C. 1 SALKELD, 396. JUDGE 343 Post, 408. Comb. 434, 469. Skin. 617. Cases B. R. 175. Holt, 421. 1 Keb. 57, 74, 76. Beasts of stranger, levant and couehant, seizable on a levari facias ; so of joint-tenant and commoner, unless the title found by the inquisition. Far. 32. 2 Salk. 448. Issues of joint-tenant for life, leviable on reversioner. 2 Roll. Abr. 157, 159. Lane, 79. Hard. 101. Raym. 17. Post, 408. On a levari facias to levy the yearly value of 551. found by inquisition upon an outlawry, on a judgment in debt; the sheriffs took the beasts of a stranger, levant and couehant, on the land of the defendant; and in an action of trespass against the plaintiff in the action for taking these beasts, wherein he justified under the levari facias, the Court held, 1st, That by bare outlawry, the party immediately forfeits his personal goods, and they are vested in the King, and he does not forfeit the profits of his lands, nor chattels real, till inquisition taken: and therefore that an alienation after outlawry, and before inquisition, is good to bar the King of the pernancy; but if he makes a feoffment after inquisition, the feoffee has the estate, and the King shall have the profits. Vide 21 H. 7, 19. Hard. 101. Ray. 17. Dr. & Student, D. 1, c. 22. 2 Ro. 159. Lane, 79. 3 Cro. 431. 2dly, That the sheriff may well take the cattle of a stranger, levant and eouchant, for they are the issues of the land. Stat. Westm. 2, c. 32. 2 Inst. 433, and the land is debtor; and if the law were otherwise, he might defeat the King of all by agisting the land; and there is better reason for their being liable in this case than for a rent-charge, which is against common right, and by the grant of the tenant. 3dly, That if there be a commoner, or another tenant in common with the defendant, his beasts may be taken upon the land, unless the title of the commoner, or the tenant in common...
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