Edgworth v Davis

JurisdictionEngland & Wales
Judgment Date01 January 1662
Date01 January 1662
CourtHigh Court of Chancery

English Reports Citation: 21 E.R. 791

LORD CHANCELLOR HYDE, AND MR. JUSTICE BROWN

Edgworth
and
Davis

edgworth versus davis. Lord Chancellor Hyde, and Mr. Justice Brown, Anno 14 Car. 2 [1662-63]. The Bill was to have an Account of the Profits of^Lands, which the Defendant had received upon a Trust for the Plaintiff during his Minority, and for Money received upon Bond, and for Writings. The Defendant pleaded, That the Lands lay in Cheshire, within the County Palatine of Chester, and in Leicestershire and Lancashire, within the Dutchy of Lancaster ; and that he lived in the County Palatine of Chester, and not within the Jurisdiction of this Court. This Plea having been formerly argued before the Judges in the Absence [67] of the Lord Chancellor, they ordered Precedents to be produced, which was done as followeth : //". Fame ver. Smith, 12 Eliz. [1669-70]. A Plea that Lands lay within the Dutchy of Lancaster, and over-ruled. ff. Smith ver. Delves, 7 Nov. Anno 2 Jac. 1 [1606]. The Bill being to produce Writings and Evidences, the Defendant pleaded, That the Lands which those Writings concerned lay in Cheshire, and that the Parties lived there; and concluded, that the Matter was not within the Jurisdiction of this Court: But the Suit being not for the Land it self, but for the Writings, the Plea was held idle, and over-ruled. ft. Sherborn ver. Haughton, 3 Maii, 14 Car. 1 [1638]. The Bill was to be...

To continue reading

Request your trial
1 cases
  • Sir William Denny Bar. v Filmer
    • United Kingdom
    • High Court of Chancery
    • 1 January 1662
    ...That the Defendants should answer by a certain Day, and the Benefit of this Demurrer should be saved to them till the hearing the Cause; NELSON, 66. EDO WORTH V. DAVIS 791 which was afterwards heard by Sir Harbottle Grimstone, Master of the Rolls, who upon long Debate was of Opinion, that t......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT