Howel v Sambay
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1675 |
| Date | 01 January 1675 |
| Court | Court of Common Pleas |
English Reports Citation: 123 E.R. 740
Common Pleas Division
740 ACTIONS UPON REPLEVIN 1 BROWNL. & GOLDS, 179. that judgement ought to be given for the plaintiff, because it appeared by the record, that the defendent took the cattel at such time as the plaintiff ought to have common. And therefore Nichols said, that if a man have common for great, cattel and sheep, and the sheep be taken, and he prescribes that he bath common for sheep only ; and the jury said common for sheep and great cattel, the common is found for the plaintiff. And the like if one claim common all the time of the year, when the land lies fallow, and when it is sown, from such a day unto, &c. And his tettel are taken in the year when it is mown, or lies fallow, it is sufficient for the plaintiff to prescribe for common, either in the year when it is sown, or when it lies fallow. And if the jury find all the common, it is sufficiently found for the plaintiff. The like, if a man bath common from such a day to such a day, and the cattel are taken at a day between the days, and he prescribes that he hall common in the said time, quo, &c. And the jury find he had common before that time the same day, and after the verdict is found for the plaintiff, Warburton and Winch of the same opinion. Pies versus James, Mich. 12 Jacobi, rotulo 2155. Upon a several verdict for the misnomer of a corporation. The first question was whether the foundation of poor men to pray for souls departed is within the Statute of Chanteries ; and secondly, for the misnomer ; and Winch held that the plaintiff should not be barred for the misnomer ; and for the second be held, that this house was within the Statute of Chaunteries, and so the interest in the King, H. 6. And so the lease made by the master of the hospital void. Dyer, 246, 287. And Warburton held the plaintiff should be barred upon both points. Attornment not necessary for a copy-bolder. Swynee-ion versus Mills, Hill. 14 Jacobi, rotulo 2049. In a replevin the defendant avows for a rent charge reserved by a copy-holder who is seised in fee, and made a lease by the license of the lord, reserving rent at four feasts, or within one and twenty days, being lawfully demanded, and afterwards the copy holder eurrendred one moiety in fee to a stranger, and afterwards surrendred the reversion of the other moiety to another, to which the termer atturned, and so avowed for rent, The plaintiff pleaded in bar, that he was seised of a close adjoyning...
To continue reading
Request your trial
-
Brewster v Kidgell
...in consideration of 8001. by him received of Ellen Brewster, widow, did by his deed grant to her and her heirs a rent-charge * Hob. 133. 1 Brownl. 179. 9 H. 7, 4, 13 a. 11 Kep. 45 b. 11 H. 6, 5 a. b. 55 a. 2 Inst. 503. 1 Sand. 282. * Synns ver. Newton, Trin. 28 Car. 2, B. R. Rot. 728. 854 T......
-
Swynerlon v Mills
...English Reports Citation: 123 E.R. 740 Common Pleas Division Swynerton and Mills 740 ACTIONS UPON REPLEVIN 1 BROWNL. & GOLDS, 179. that judgement ought to be given for the plaintiff, because it appeared by the record, that the defendent took the cattel at such time as the plaintiff ought to......
-
Pits v James
...English Reports Citation: 123 E.R. 740 Common Pleas Division Pits and James 740 ACTIONS UPON REPLEVIN 1 BROWNL. & GOLDS, 179. that judgement ought to be given for the plaintiff, because it appeared by the record, that the defendent took the cattel at such time as the plaintiff ought to have......
-
Paul v Barwick
...bath common of pasture in the said place, as belonging and appertaining to the tenement. And says further, 740 ACTIONS UPON REPLEVIN 1 BROWNL. & GOLDS, 179. that judgement ought to be given for the plaintiff, because it appeared by the record, that the defendent took the cattel at such time......