Hamond against Coningsby
Jurisdiction | England & Wales |
Judgment Date | 01 January 1685 |
Date | 01 January 1685 |
Court | Court of the King's Bench |
English Reports Citation: 83 E.R. 1257
IN THE COURT OF KING'S BENCH
84. hamond against coningsby. In Demand, Br. 10. Trin. 16 Car. 2, Rot. 1524. Ejectment. Siderf. 232, pi. 33. In an ejectment of a manor, and so many acres as includes the manor, the jury find for the plaintiff as to the manor prteter the services: and as to the services not guilty, Hames against Stroud, Latch. 61, and judgment is for the plaintiff: and Jones assigned this for error, because when the count is of a manor, the jury cannot find for the plaintiff for that which is not a manor; and there is none that brings an ejectment of a manor, but they also add the acres that contain it, to the end that if they prove it not a manor they may recover according to the acres, Hub. 108, but they must enter it so, and not as here generally of both, 2 Cr. 113. Wilmore, Also the verdict being of as much as the count, 9 Co. 59, Seachers case, the judgment against the plaintiff cannot be in misericordia, if it be supposed good : the Court [811] held both manifest errors, and assignable by the defendant, the verdict being not...
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