Cole v Wilkes
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1682 |
| Date | 01 January 1682 |
| Court | Court of Common Pleas |
English Reports Citation: 123 E.R. 1145
THE COMMON PLEAS
mich. 8 car. cole versus wilkks. Debt. Debt upon the Statute of the 2 E. 6, for tithes against one joint lessee. Sampson Cole brought an action of debt upon the Statute of 2 E. 6, against Leonard Wilkes, tryall at the Bar: a lease was made to two, they enter and occupy, and set not out their tithes, debt was brought against one of them, it lies not. [122] But here it was found, that one only occupy the land, and therefore the action well lies. And a case was shewn, Mich. 8 Jac. An action of debt was brought upon this statute, by Sir John Gerard against two tenants in common, and it appeared that one of them set out his tithe, and that the other afterwards took it and carried it...
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