Freeborne v Pincras

JurisdictionEngland & Wales
Judgment Date01 January 1681
Date01 January 1681
CourtCourt of the King's Bench

English Reports Citation: 82 E.R. 919

King's Bench Division

Freeborne
and
Pincras

[68] trin. 24 car. B. R. freeborne versus pincras. hil. 23 car. rot. 1375. Acc'on sur case. In an action upon the case the plaintiff declares that the defendant in consideration, &c. did promise to joyn with him in a surrender of certain copyhold lands for a sale to be made of them to any person, and avers that he had procured 2 copyholders such a day to be present at a certain place within the mannor, and that the plaintiff was then and there ready to have joyned with the defendant in a surrender of the lauds 920 TRIN. 24 CAR. BANCO REGIS ALBYN, 69. for a sale to be made to one J. S. and that the 2 copyholders were then and there ready to have received the surrender, &c. and that then and there he did request the defendant to joyn with him in a surrender into the hands of the two copyholders to be presented by them in Court, to the use of the said J. S. &c. Secundum con-suetudinem manerij preed' a tempore quo, &c. usitat, quodque sursumredditio sic requisita facienda fuit pro venditione oi the said copyhold lands, pro quadam pecuniw summa per prsed' J. S. solvend'; and that the defendant non jurixit with the plaintiff in the surrender, licet ad hoc faciend' postea eodem die per prsed' querent requisites fuit, &c. And after a verdict for the plaintiff upon non assumpsit pleaded, upon motion in arrest of judgment, it was resolved by Roll that the declaration was insufficient; 1. For that the plaintiff hath alledged that he was ready to joyn in a surrender with the defendant, and that then and there he did require the defendant to surrender, but hath not alledged that he did give notice to the defendant that he was ready to joyn with him ; and so it is no more then a bare request to the defendant to make a surrender, which is not sufficient, for that the plaintiff was to joyn with him in it. 2. The surrender was to be for sale to be made to J. S. and the plaintiff hath not any way intimated to the defendant that...

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