Hutchings v Strode
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1634 |
| Date | 01 January 1634 |
| Court | High Court of Chancery |
English Reports Citation: 21 E.R. 780
LORD COVENTRY.
[26] hutchings versus strode. Lord Coventry, 10 Car. .1 [1634-35]. Sir Thomas Phillips being seized (inter alia) of several Parcels of Land, for which the Plaintiff seeks Relief, did Anno 19 Jac. [1621-22] lease the same to certain Persons for 500 Years, and afterwards, viz. Anno 22 Jac. [1624-25] grant the same by Copy of Court-Roll to the Plaintiff, who was admitted and paid a Fine, and held the same for Lives. Afterwards Strode the Defendant purchased the Manor-house and the Demesnes, and got the Lease assigned to Persons in Trust for himself, and then claimed these Lands as Parcel of the Demesnes, alledging that the Copyhold Estate was destroyed; and the Plaintiff claiming them as ancient Copyhold, the Court was of Opinion, That his Grant being before the Defendant Strode's Purchase, ought not to be prejudiced by the Lease, especially if the same were ancient Copyhold Lands, and not Parcel of the Demesnes: However directed a Tryal at Law, whether the Lands were Copyhold or not, and the Lease not to be given in Evidence at the said Tryal, and there was a Verdict NELSON, 27. LAKE V. PRIGEON . 781 that the Lands were not Copyhold. But it appearing to the Court that the Lands [27] had been ancient Copyhold Lands; and...
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