Davies against Turner
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1657 |
| Date | 01 January 1657 |
| Court | Court of Common Pleas |
English Reports Citation: 124 E.R. 15
COURT OF COMMON PLEAS
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 besides here is double matter, for the conclusion sounds in barre of the avowry, and in abatement of the avowry : see a good case 18 H. 6, 6, for the falsness of the'quantity of the land, and the falsness ol the quantity of rent, the one goes in barre, the other in abatement of the avowry, 47 E. 3, 79, 5 H. 6, 4, and affirmed for good law. And as to the second point he held the seisin to be traversable, and not the tenure, and first he said there was a difference between pleading in barre of avowry, and in 16 TRIN. 19 JAC. WINCH, 19. the abatement of the avowry, for in barre of the avowry there the seisin is not traveriable by Frowick 21 H. 7, 73, which opinion he held for good law: for it is agreed in Bucknels case, Co. 9, he may not say that he held of a stranger, absque hoc that the avowant was seised, but otherwise it is when that goes in abatement of the avowry. Secondly he said that the seisin ia the principal thing, and the principal thing ought to he traversed, for if a man had seisin of many services, seisin shall never be ayded till the Stat. of Magna Charta: see Buckneh case, Cook, 9, and here the seisin is the most meterial thing, and the most proper; see 37 H. 6, Bro. Avowry, 76, ne tiendra is no plea for a stranger to the avowry, but he ought to...
To continue reading
Request your trial
-
Duncombe against The University of Oxford
...had concluded himself, to present to the church of the recusant, for he being party himself to that Act of Parliament, he had dismissed WINCH, 18. EASTER TERM, 19 JAC. 11 himself of all right, and Fortescue in laudibus legum Anglise non emit ad volutitatem principle, sed ad voluntatem totiu......
-
Richard Woodland, Plaintiff, against Walter Mantel and William Redsole, Defendants
...S. C. Vin. Abr. tit. Incroachment C. pi. 9. Same diversity M. 21 Ed. 4. 64. pi. 36. Kelw. 31. b. 73. b. F. N. B. 10. g. h. 9 Co. 33. a. Winch. 18. Doc. Pla. 318. Note, (Reader) It appears in the records of the King's Bench of Hillary Term, 4 & 5 Edw. 6. Rot. 38. that the said plaintiff had ......
-
Post separation financial contributions
...before an existing asset was acquired could have no bearing on the outcome of the proceedings." In that case, the husband received a lottery win 18 months after separation. There was a 14 year old child residing with the wife. The trial judge ordered that the wife receive a portion of that ......
-
The court's implicit roadmap: charting the prudent course at the juncture of mandatory arbitration agreements and class action lawsuits.
...following conclusions: (1) employees win 63% of cases against their employers in arbitration, compared to 15% in federal court; (2) employees win 18% of the aggregate amount they demand in arbitration, compared to 10.4% of the aggregate amount they demand in court; (3) consumers win 71% of ......
-
Legal Policy Analysis
...approach to all legislation. In a conflict between a statutory provision and a common law rule, the statutory provision is supposed to win. 18 Others have found promoting the purpose of the legislation a more compelling consideration than protecting the values underlying strict construction......
-
TOWARD FAIRER REPRESENTATION IN STATE LEGISLATURES.
...of 30 seats in favor of Party A might allow Party B to win 8 seats in safe districts with between 70 and 95% of the vote, Party A to win 18 seats in less safe, but still not particularly competitive districts, with between 55 and 70% of the vote, while allowing for only 4 truly competitive,......
-
TOWARD FAIRER REPRESENTATION IN STATE LEGISLATURES.
...of 30 seats in favor of Party A might allow Party B to win 8 seats in safe districts with between 70 and 95% of the vote, Party A to win 18 seats in less safe, but still not particularly competitive districts, with between 55 and 70% of the vote, while allowing for only 4 truly competitive,......