Bullen v Gervis
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1682 |
| Date | 01 January 1682 |
| Court | Court of Common Pleas |
English Reports Citation: 123 E.R. 1095
THE COMMON PLEAS
mich. 20 jag. bullen versus gervis. Debt. It is no plea, for the administrator to say, the intestate died outlawed. Eobert Bullen brought an action of debt for 121. upon an obligation, against William Gervis administrator of Owen Godfrey, the defendant pleaded that the intestate was outlawed at the suit of Francis Murrell, after judgment, and pleaded it specially, and being so outlawed died, and that outlawry is in full force, judgment si action, whereupon the plaintiff demurred. 8 E. 4, 6. There by Littleton, between Young and Pigot, in an action of debt against executors, it was holden a good plea to say, that their teatator was outlawed, for they are charged to the King for the goods. Genny said, that the plea amount only to this, that they have not any goods, and so answer argumentative. And 21 E. 3, 5, by, Brian, iu a writ of debt brought against executors, it is a good plea to say, that their testator was outlawed, sans luy intitle. 36 H. 6, 27. By Prisot in debt against one as executor of Jane, the deiendaut said, that the: said Jane was his wife, and demand judgment si action, and it seems this is no plea, because that a feme covert may have many things which the husband shall not have, as choses in action, and she may make executors if the baron agree. 1096 LIGHTFOOT V. BRIGHTMAN BUTTON, M. And Prisot said, Sir, it seems to me that it is no good plea for an executor to say, that his testator died outlawed, causa qua supra. Quaere, car bona materia. Upon the reading of the record it seems that it is no plea, for it ia only by implication, and that may be given in evidence. Also the executors or administrator may have divera things which are not forfeitable to the King; as if the testator had mortgaged his land upon condition, that if the mortgagee pay not at such a day to him, his executors, or his heirs, a hundred pounds, that then it shall be lawfull for him, or his heirs to re-enter, and after and before the day the testator is outlawed, and makes his executors and dies, and at the day the mortgagee pay the money to the executors, that is assets, and not forfeited to the King. [54] So if tenant for life of a rent be outlawed, and the rent arrear, and makes his...
To continue reading
Request your trial
-
Brockwell v Lock
...3, B. E.] 5 Mod. 97, 47, S. C. executions out of Inferior Courts not within the statute 29 El. c. 4. 2 Mod. 241. Poph. 173. Palm. 399. Cont. Hutt. 53. Debt was brought by the bailiff of the Liberty-Court of the Bishop of Eochester, 292 FEES 18A1KBLD, 832. on the 28 Eliz. c. 4, for 61. 10s. ......
-
Savage qui tam, Company v Smith
...the defect and variance stated in the second and third objections. Else the following cases might have been, material: Empson and Bathurst, Hutt. 53; Walden and Vessey, Latch, 17, 51; Palm. 2 BLACK. W. 11M. TRINITY TERM, 16 GEO. III. C. P. 651 399 ; Poph. 173 ; Lister and Bromley, Gro. Car.......
-
M'Dowell v Bergin
...Cro. Jac. 513. Powys v. WilliamsENR 2 Lutw. 1601. Beaufort v. BertyENR 1 P. Wms. 703. Swan v. PorterENR Hardr. 60. Bullen v. GervisENR Hutt. 53. Rex v. MildmayENR 5 B. & Ad. 254. Slade's caseENR 4 Co. Rep. 92 b. Bate's case Lane's Rep. 23. Rex v. Cooke M'C. & Y. 196. Britton v. ColeENR 1 Sa......
-
Legg against Symons
...his assets is seisable unto the King, to which Winnington pro plaintiff demurred, because this is but an argument of fully administer, as Hutt. 53, but the particular assets being mention'd, and not said ultra que, he hath no assets, it's ill, which the Court agreed; and though the goods be......