George Foster v Grace Foster. Ejectment
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1803 |
| Date | 01 January 1803 |
| Court | High Court |
English Reports Citation: 83 E.R. 24
COURTS OF KING'S BENCH, COMMON PLEAS AND EXCHEQUER.
[43] george foster versus grace foster. ejectment. Durham, Trin. 1659, Eot. 751. Uses. 1 Lev. 55. 1 Sid. 82. 1 Keb. 160, 225, 274, 319. The plaintiff declares, that Nicholas Foster, 12 Jan. 1658, at the parish of Haughton in the Spring, demised to him 2 messuages, 10 acres of land, 40 acres of meadow, 40 acres of pasture and 100 acres of moor in Haughton aforesaid; to hold from the 30th of Decemb. last for five years, and that the defendant did eject him. Upon not guilty the jury found a special verdict, that before the said trespass and ejectment Margery Foster was seised of the said messuages, lands and tenements in fee, and the 8th of Feb. 1652, by her deed of the same date betwixt her of the one part, and Mathew Foster, her son, of the other part, did demise, grant, bargain, sell and set over to the said Mathew Foster, his heirs and assigns, all her part and proportiou of that capital messuage or farm, which formerly appertained to her father Kobert Brough deceased, and then in her tenure or occupation, with all houses, edifices, buildings, lands, meadows, pastures, feedings, commons, common of pasture and arable lands whatsoever, as were appertaining or belonging to her part of that farm-hold or tenements with the appurtenances, which the said Margery Foster then possessed, then being the tenements in the declaration mentioned. The tenor of which said indenture followeth in these words following, viz. articles of covenant concluded, condescended and agreed upon, 8 Feb. 1652, between Margery Foster, late wife of William Foster of Helton in the Hole in the county of Durham, yeoman deceased, on the one part, and Mathew Foster, her son, of Helton in the Hole aforesaid, yeoman, on the other part, as followeth : Imprimis, The said Margery Foster for clivers good causes her thereunto moving, and especially for and in consideration of the sum of 201. of lawful money of England, to be paid by him the said Mathew Foster, unto the assigns of the said Margery at 50s. every half year for four years next ensuing after the decease of her the said Margery, hath demised, granted, bargained, sold and set over unto the aforesaid Mathew Foster, his heirs and assigns, all her part and proportion of that capital messuage or farm, which formerly belonged to her father Kobert Brough aforesaid deceased, and now in her tenure or occupation, with [44] all such houses, edifices, buildings, lands, meadows, pastures, feedings, commons and common of pasture, and arable lands whatsoever, as appertaining or belonging to her part of that farmhold or tenement with the appurtenances, which the said Margery Foster now poasesseth ò to have and to hold the aforesaid moiety or part of all the aforesaid premisses with the appurtenances whatsoever, unto the aforesaid Mathew Foster, his heirs, executors and assigns for ever, she the said Margery quietly and peaceably enjoying the premisses aforesaid for and during her natural life. Hem the said Margery is to have Mathew Foster's barn with free egress and regress without let or molestation during her natural life for her full third part of all the houses due to her. In witness whereof the parties above named have hereunto set their hands and seals the day and year first above written. And the jury farther finds, that after (viz.) 5 Novemb. 1658, the aforesaid Margery Foster by her deed of feoffment executed RATM.8niT.. TERM. MICH. 13 CAB. 2, B. R. 25 by livery and aeisjn, as well for and in consideration of the natural love and affection which she the said Margery Foster did bear to Nicholas Foster, her said son, as for the full sum of 201. did grant, bargain, sell, alien, enfeoff and confirm unto the said Nicholas Foster the tenements aforesaid with the appurtenances; the tenor of which deed followeth in...
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