Davies against Turner

JurisdictionEngland & Wales
Judgment Date01 January 1657
Date01 January 1657
CourtCourt of Common Pleas

English Reports Citation: 124 E.R. 15

COURT OF COMMON PLEAS

Davies against Turner

davibs against turner. Dayies brought a replevin against Turner, and he declared of the taking in a place called the Holmes, and the defendant made conusance as bayliff to Sir George Bing, for that one Clap held certain land of him by 20a. rent and suite of Court, and for the rent he avowed, and alleadged seisin by the hands of Clap, the plantiff said, that Clap held 40 acres of land by 9s. rent, fealty, and suite of Court, absque hoc that he held modo et forma, and upon this it was demurred; and the single point was this, in avowry the tenant alleadged &c. and the question is whether he ought to traverse the tenure^ or the. seisin, and it was argued by Henden Serjeant, that he ought to traverse the seisin, and that the traverse of the tenure is not good, and...

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