Good against Bawtry
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1657 |
| Date | 01 January 1657 |
| Court | Court of Common Pleas |
English Reports Citation: 124 E.R. 29
COURT OF COMMON PLEAS
good against bawtey. Good brought an ejectione firme against Bawtry, for ejecting him of certain lands in Greeting St. Maries, in Greeting St. Olaves, and in Greeting omnium sanctorum, and a venire facias issued, to try the issue, to summon 12 men de vicineto de Greeting St. Mry, Greeting St. Olaves, and Greeting omnium omitting sanctorum; and it was now naoved in arrest of judgement, by Attoe Serjeant, that the venire facias was not good, for it ought to be of all the Greetings, and the Court blamed the dark very much for his negligence, but it was adjourned till another time. A man lett an advowson for 40 years, and the lessee covenanted that he would not alien without the assent of the lessor, and he shewed all the matter, because he had aliened to I. S. without hia assent, and the defendant pleaded, that he had not aliened without his assent, and upon that they were at issue, and it was found for the plantiff, and now it was moved in arrest of judgement, because he had not said, that the alienation was by deed, for an advowson may not pass without deed, and Hobert said, if a man will declare in an ejectione firme of a lease made by the husband and the wife without deed, this is not the lease of the wife without deed, or yet if the defendant will plead, not guilty, or lion dimisit, and thia is found for the plantiff, the plantiff shall have judgement, for this shall be intended to be by deed, which was granted by Winch Justice being only present, that the breach was well laid, and he alleadged a president 43 Elia. a man avowed, and had not shewed that this was by deed ; and the defendant pleaded non conceasit, and found for the avowant, and he had judgement, but Hobert denyed thia case, but afterwards in the principal case, it was adjudged that the breach was well laid, and the plantiff had judgement. In a formedon in reverter the tenant was essoyned, and the vouchee also appeared, the case was easoyned, and he had day over till Octabis Michaelis. And then the attorney of the defendant would have been essoyned, and it was argued by Hendon Serjeant, that he shall not be essoyned, and yet he agreed if the vouchee had not appeared, the tenant might have been essoyned againe, 13 E. 3, Essoyne the 8, and the same law of the vouchee be returned...
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