Fenner v Fisher
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1682 |
| Date | 01 January 1682 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 1125
IN THE KING'S BENCH.
REPORTS and CASES Collected by the Learned SR. JOHN POPHAM, Kt, late LORD CHIEF JUSTICE OF ENGLAND. Written with his own Hand in French, and now faithfully translated into English. To which are added some Remarkable CASES Reported by other Learned Pens since his death. 1682. [1] fenner versus fisher. Mich. 34 & 35 Eliz. Keginse. In the King's Bench. In trespass brought by Justice Fenner against Andrew Fisher, for a trespass done in the Parsonage House of Crayfords in the county of Kent 30 Mali 34. of the Queen, the defendant pleaded that one was seized of the same messuage in his demesne as of fee, and being so seised, the day of in the same year, did demise it to the defendant for two years, from such a feast then last past; by virtue of which he entred and was possessed, until the plaintiff claiming by colour of a deed made of the said Wright where nothing passed by the deed, upon which the defendant entred, &c. The plaintiff replies by protestation, that the said Wright was not seised as the defendant hath alledged : and for plea saith, that the said Wright did not let it to the defendant, as the defendant hath alledged ; upon which being at issue, and found for the plaintiff, Atkinson moved, that judgment ought not to be given for the plaintiff, because that he hath not made any title by his replication, for by 9 E. 4. 49. In trespass the defendant pleads in bar and gives colour to the plaintiff; it is taken for a rule that the plaintiff ought to make title : Coke answered ; that he needs not to make title in this case, but that it suffioeth to traverse the bar without making a title, and said that in 22 E. 4. Fitzh. Trespass, it is adjudged that in trespass the plaintiff may traverse the bar without making title in his replication ; and here in as much as it is acknowledged by the defendant, that Wright did demise it to the plaintiff, and that this is a lease at will at the least not defeated by his own shewing, but by the lease made to the defendant. This being traversed, and found against the defendant, the plaintiff, by the acknowledgment of the defendant himself, hath a good title against him to enter into the land, and by it the defendant by his re-entry is become trespasser to the plaintiff; and he said, that in 2 E. 4. fol. In trespass where the defendant pleads that he let the land to the plaintiff for another man's life, and that he [2] for whose life it was...
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