Cole against Wall and Burnell

JurisdictionEngland & Wales
Judgment Date01 January 1653
Date01 January 1653
CourtCourt of the Queen's Bench

English Reports Citation: 78 E.R. 480

IN THE QUEEN'S BENCH.

Cole against Wall and Burnell

case 9. cole against wall and buhnell. The lessee of a copyholder may maintain a ejectment at common law. Post. 535. 717. 4 Co. 26. a. Moor, 128. 272. 539. 569. Lit. 234. 2 Com. Dig. 530. 1 Bac. Abr. 490. Gilb. Ten. 213. 1 Term Rep. 600. 2 Term Eep. 198. Ejectione custodial of a ward and his land, and declareth, that the lord of the manor of S. had the custody of the heir of his copyholder, and of his land, by the custom there, until the heir came to his age of fourteen years, and that he might commit the custody of his body and land to whom he pleased ; and that one Cl. died seised of his land, being a copyholder of inheritance, and that the lord granted to him the custody of the heir, being within the age of fourteen years, and the defendant ejected him. After verdict, it was alledged that an ejectione firmce doth not lie of a copyhold estate.-And so it was ruled by the whole Court; and the judgment was stayed. And the justices said, that an ejectione firmce doth lie of a lease made by...

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