Doctor Hunt against Allen
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1657 |
| Date | 01 January 1657 |
| Court | Court of Common Pleas |
English Reports Citation: 124 E.R. 21
COURT OF COMMON PLEAS
doctor hunt against allen. Doctor Hunt brought an action of debt upon an obligation of 1001. against the heire of Edmand Allen, and the condition of the obligation was, that whereas the testator Edmond Allen in the first year of the raigne of the King, hath given and granted to the plantiff the presentation to the church of D. if therefore the said Edmond Allen, from time to time shall make good the said grant from all incumberauces made, or to be made by him, and his heirs, that then &c. and the grantor dyed, and the church became void : and the heire of the grantor presented, and whether this was a breach of the condition, was the question ; and Hobert Chief Justice and Winch being only present, thought this tortious presentation to be no breach of the condition, but this extends only to lawful disturbance by the heire, and by the pleading here it appears, that though the heire presented, yet he had no right to present, because that his father had granted that before : and then the presentation of the heire is as a meer stranger. And those general words will not extend to a tortious disturbance by the heire: but Hobert said, that the words shall have such a construction as if it had been said, that he shall enjoy the same, from any act or acts made by him, or his heires : and in this case there ought to be a lawful eviction to make a breach of the condition : but otherwise if the condition had been that he shall peaceably enjoy from any act or acts made by him, or his heires, in that case a tortious disturbance would have been a breach of the condition, but it was adjorned till another time. 22 MICH. 19 JAC. WINCH, 26. Information was for that one such, his apprentice, departed out of Lia service, and the defendant received and retained him without a testimonial from the Mr. contra formam statuti. And so he demanded 51. the defendant pleaded nihil debet per patriam, and it was found against him: and now Hendon Serjeant moved in arrest of judgement, that an apprentice is out of the clause of the Statute of the 5th of Elizabeth; and that the same statute extends only to servants, and to labourers retained within that statute, for the statute saith, be it enacted that no person or persons that depart out of service without shewing of a testimonial, as is above remembered, and this branch as is above remembered, bad only reference to the next clause before, and the same...
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