Brown v Goldsmith
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 80 E.R. 257
King's Bench Division
131. brown versus goldsmith. Tr. 13 Jac. Rot. 607. Eeplevin. Surrey. Doubleness of pleading. Mo. 870. 21 H. 8. c. 19.-Avowry for rent-service according to the statute of 21 H. 8. upon the land admits plaintiff to all pleas. Thomas Brown plaintiff, against Thomas Goldsmith defendant, in a replevin for taking a brass kettle at Cobham in Surrey, 21 Apr. 12 Jac. the defendant avoweth, as bailiff to the Dean and Canons of Windsor, that one Robert Parson held the place of the dean and canons, as of their manor of Hampton Court in the said county of Surrey and Middlesex, by rent and suit of court: that Robert Parson being summoned did not appear at a court holden in the said manor, that for suit he did distrain, and make conusance, as in land holden of the dean, &c. The plaintiff confesseth the seisin of the dean and canons, and the tenure : but further saith, that the seventh 3ay of April, an. 9 Eliz. the said dean and canons did lease by indenture the said manor unto one George Stidolphe from the Annunciation then past for the term of 51 years then next following; then he entered ante pried, tempus quo, and was, and is yet thereof possessed, the reversion to the said dean and canons expectant. The avowaut confesseth the lease to Stidolphe; but saith, that by the said lease all leets, lawdays, and courts there to be held, and all manner of fines, heriots, reliefs, escheats, perquisites and profits of courts were excepted and reserved, and that Stidolphe being so possessed did the 10 of Octob. 11 Jac. grant all his estate to one Butts, that Butts the 26 of March, 11 Jac. by his deed shewed forth did grant all leets, lawdays, courts, &c. unto the dean and canons. And that they afterwards held the courts arid the defaults of suits ut supr. And that Goldsmith did distrain for the suit. The plaintiff demurrs for doubleness, and sheweth for cause, in that the defendant saithj the eourts be excapted, and also that the courts be surrendred. In this case judgment was given for the plaintiff. First, it waa agreed by us all, that the exception (in the original lease) of the courts, &c. was utterly void, because the manor by that name was granted which might not be recalled ; and manor it could not be without a court, only in the King's òcase it was otherwise. And by the same reason the surrender of the courts was void, K. B. IX.-9 258 THE KING AND HUNSDON V...
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