Eeles v Lambert
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1681 |
| Date | 01 January 1681 |
| Court | Court of the King's Bench |
English Reports Citation: 82 E.R. 511
UPPER BENCH COURT AT WESTMINSTER
barker and martyn. Trin. 23 Car. Bane. Reg. Arrest of judgment in trespass. The case between Barker and Martyn was again moved, which was briefly this, an action of trespass was brought by Barker against Martin, wherein he declares, that the defendant had broken his house, and had taken away quinque inatrumenta ferrea, Anglice fetters. In arrest of judgement exception vras taken to the declaration, that instrumenta ferrea, Anglice fetters, was not a good expression in Latin (as it ought to be) of fetters, because there was a proper Latin word for fetters, namely compes, so that it ought to have been quinque compedes, or quinque paria compedum, and not as it is, for the word instrumentum is uncertain, and may be used to signifie any thing else with an Anglice added to it as well as fetters, and as it is the pleading is not all in Latin as the statute directs to avoid barbarism, and the word Anglice when it is properly used in a declaration is to help words of art, which cannot be expressed without an Anglice, and is not to be used where there is a proper Latin word to signifie the thing, as in this case there is. On the other side it was said, that general words might be good in a declaration, and barbarous words sometimes, and cited Hobarts Reports, 267. and Ward and Smiths case, Trin. 4 lac. Rot. 2305. Roll lustice, It is a hard thing to maintain this declaration, for if it should be admitted good it would bring in all barbarism in pleadings, and any senseless word might be used with an Anglice joyned with it, and he said one was endicted for using quandam artem Anglice of a draper, and it was adjudged naught, and in the case between Tailour and Taylour 9 Car. trespass was brought pro decem caporiibus, Anglice capons, & avibus dotnesticis, Anglice powltry, and adjudged not good. Yet the rule of the Court was to argue it again Saturday next following.
English Reports Citation: 82 E.R. 512
UPPER BENCH COURT AT WESTMINSTER
512 TRIN. 23 CAR. STYLE, 88. eeles and lambert. Trin. 23 Car. Bane. Reg. Pasc. 22 Car. Rot. 1646. An action of covenant against an executor. Eeles brought an action of covenant against Lambert the executor of Sir Molton Lambert, and declares that Sir Molton Lambert did in his [38] life time by his indenture let certain lands utito him for years, and covenanted thereby for himself, his executors, administrators, and assigns, that the lessee should not be put out of possession of the lands let by him during the said term, and that since the death of Sir Molton Lambert his lessor, he was put out of possession by such an one, and upon this he brings his action of covenant against the executor. The defendant pleads, no assets, upon this an issue was joyned, and a special verdict was found, to this effect, that Sir Molton Lambert did let the lands mentioned in the declaration to Eeles prout, & that there was such a covenant in the deed prout, and that the plaintiff was put out of possession of the lands prout. They find likewise, that Sir Molton Lambert made his will, and made the defendant his executor, and died; that Sir Molton Lambert by his will gave many legacies of goods, and that the defendant before the plaintiff was put out of possession, did pay all the legacies in kind, and that besides those legacies he had not assets to discharge the covenant. Upon this verdict the matter in law was this, whether the executor ought to have forborn the payment of the legacies, and to have expected till the end of the term let to the plaintiff, or till the covenant had been broken, and for doing otherwise should not be charged with the covenant de bonis propriis ; or whether the covenant not being broken in the life of the testator, nor before the legacies paid, he had not paid the legacies as he ought, and should not be freed from being charged with the covenant de bonis propriis. Upon opening of the case Roll Justice said, that a decree in Chancery against an executor, shall not he satisfied before an obligation made by the testator, and become due after his death. Saturday following was set to here councell again.
English Reports Citation: 82 E.R. 525
UPPER BENCH COURT AT WESTMINSTER
eeles and lambert. Mich. 23 Car. Bane. Eeg. Vid. antea. Argument upon a spetiall verdict. The case between Eeles and Lambert was again moved, which upon a speciall verdict found was this; Sir Molton Lambert makes a lease of certain lands to Eeles for 21 years by deed, and covenants for himself, his executors, administrators, and assigns, that the lessee shall peaceably, and quietly enjoy the lands let, during all the term, the lessor makes his will, and thereby makes Lambert the defendant his executor, and dyes, and by the will divers goods in specie are devised to sundry persons, Lambert the executor...
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