Green and Froud
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1685 |
| Date | 01 January 1685 |
| Court | Court of the King's Bench |
English Reports Citation: 84 E.R. 738
COURTS OF KINGS BENCH
53. green and froud. Wednesday, May 27. Ante. Modern 117, pi. 17. Devise. In ejectment the plaintiffs title was by will of Nicholas Frond, which was entitled, articles of agreement: and began, It is agreed between the said Nicholas and Walter, that Nicholas being sick in body gives, &c. In consideration whereof the said Walter promised to pay several legacies: and the conclusion is, In witness whereof the parties have interchangeably set to their hands and seals, and delivered as act and deed ; yet on Moor pi. here being directions (as there by letter) given to make a will, arid a person sent for to that end and purpose, per Curiam this is a good will; and being such it is revocable, notwithstanding Maynard for the defendant said it could not, being delivered as his deed. 2. The defendant claimed as son of Peter the middle brother of Michael, or Nicholas who made the will, and Walter the devisee, who were sons of old Michael, tenant in tail; against which the copy of a recovery under the stewards hand in ancient demesn was offered in evidence : the evidences being burnt, there was no memorandum of it among the records of the Court, and so no remedy by error or false judgment; yet per Curiam allowed on Peters case of Bristow, where an exemplification under the mayors hand, who was Judg of the Court, was [311] by all the Judges of England allowed, though under the town seal there being no entries of that year: and Sir Paul Pinders case, justification by levari facias out of the Eschequer, the record being lost, it was proved by circumstances of orders leading thereto, and on demurrer upon that evidence it was ruled against Hales Chiof Just, and Maynard, who demurred. So of a decree of houses burnt though not enrolled; and in C. B. an exempli- fication of a recovery lost was allowed. 3. The defendant excepted against the recovery, 14 Jac. that the recoverers wife was in possession of the third part; yet per Curiam being so long since, the Court will presume a...
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...was a deed or a will, and as to its validity. Ward v. Turner (2 Ves. sen. 440); Habergham v. Vincent (2 Ves. jun. 230); Green v. Fraud (3 Keb. 310); Hixonv. Wytham (I Ch. C. 248.); Doe d. 'Cross [594] v. Cross (8 Ad. & Ell. (N. S.) 714); In re Goods of Knight (2 Hagg. Eccl. 554); Williams o......
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