Hall against Wybank
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | High Court |
English Reports Citation: 87 E.R. 205
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
case 195. hall against wybank. Michaelmas Term, 1 Will. & Mary, Roll 671. If a debtor be beyond sea at the time the cause of action arises, the creditor may sue after his return within the times limited by 21 Jac. 1, c. 16, and the 4 Ann. c. 16. -S. C. Garth. 136. S. C. 1 Show. 98. S. C. 2 Salk. 420. 1 Lev. 143. 8 Mod. 26. Cro. Car. 246, 334. 2 Vern. 694. 1 Wils. 134. 4 Viner Abr. 236. 5 Com. Dig. " Temps "(G-. 16). 3 Bac. Abr. 514. Dougl. 652. The Statute 21 Jac. 1, c. 16, of Limitations is, "that if any person be entitled to an action, and shall be an infant, feme covurt, imprisoned, or beyond sea, that then he shall bring the action when he is at full age, discovert, of sane memory, at large, or returned from beyond sea." The plaintiff brought an indebitatus assumpsit; to which the defendant pleaded non assumpsit infra sex annos; the plaintiff replied, that the defendant was all that time beyond sea, so that he could not prosecute any writ against him, &c. And upon a demurrer, Tremaine, Serjeant, argued that the plaintiff was not barred by the statute which was made to prevent suits, by limiting personal actions to be brought within a certain (c) Wigg v. Filliers, 2 Roll. Abr. 796.-But see 1 Ld. Ray. 316. 2 Burr. 1807. (d) See 7 Ann. c. 19, and 29 Geo. 2, c. 31. (e) Lloyd v. Gregory, Cro. Car. 502. Jones, 405. 3 Bac. Abr. 136, 137. (/) In the case of Hudson v. Jones, Trinity term 6 Ann. B. R. it is said to have been held, that if an infant grant a rent charge out of his land it is not absolutely void, hut only voidable by him when he comes of age ; for that if the grantee should then distrain for the rent, though the other may bring an action of trespass, yet he cannot plead " non concessit" ; for the deed is only voidable by the shewing of his infancy, and not void, because it was delivered with his own hand, 3 Bac. Abr. 139.-And see 5 Co. 115. 2 Inst. 483. Cro. Eliz. 127. Moor, pi. 132. Poph. 138. (a) Bed quaire.- See Palm. Rep. 254. 1 Bl. Rep. 578. 4 Burr. 1807. 206 MICHAELMAS TERM, 2 WILLIAM AND MARY. IN B. B. 3 MOD. 312. time; and it cannot be extended in favour of the defendant, who was a debtor and beyond sea, because it is uncertain whether he will return or not; and therefore there is no occasion to begin a suit till his return. It is true, the plaintiff may file an original, and outlaw the defendant, and so seize his...
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