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Clanrickard v Lisle

Maclean & Robinson's Appeal Cases English Reports Cited in 1 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1792
Date01 January 1792
CourtCourt of the King's Bench

English Reports Citation: 80 E.R. 470

King's Bench Division

Clanrickard
and
Lisle

[329] 404. clanrickard versus lisle. Inter Comitem Clanrickard, and Frances his wife demandants, and Eobert Viscount Lisle in the formedon before mentioned, judgment was pronounced 16 Novemb. 18. and writ of error was brought by the Earl of Leicester tenant, bearing teste 27 Novemb. and then allowed, and in majorem cautelam a supersedeas made against executions, and yet the demandant obtained a writ of seisin, bearing teste norio die Octobris before by warrant of the judgment which was afterwards entered, but as of octab. Mich, being the last continuance, which being opened to the Judges, and they well HOBART. 330. BARKER V. COCKER 471 knowing that judgment was not pronounced 'till Novemb. 16. so that the tenant could not have a writ of error before, neither ought the defendant to have a writ of seisin before; for by this trick any writ of error might be defeated, as to saving possession. And therefore a new supersedeas was awarded againat that writ of execution quia erronice, &c.

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