Hamond against Coningsby

JurisdictionEngland & Wales
Judgment Date01 January 1685
Date01 January 1685
CourtCourt of the King's Bench

English Reports Citation: 83 E.R. 1257

IN THE COURT OF KING'S BENCH

Hamond against Coningsby

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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