Jenks's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 733
King's Bench Division
[151] case 5. jenks's case. In debt against a collateral heir, the mesne descent must be specially shewn in the declaration. Cro. Eliz. 24. Dyer, 366. 368. 1 Lutw. 507. Plow. 441. F. N. B. 120. Cro. Jac. 161. Pop. 155. I Vern. 400. 2 Ch. Cas. 175. Garth. 127. in point. 2 131. Itep. 1090. Bull. N. P. 176. 300. Debt upon an obligation against the defendant as brother and heir to J. S. Tho defendant pleaded rienx per discenl (a) from his said brother; and issue being thereupon, a special verdict was found, that the obligor was seised in fee of such lands, and had issue, and died seised, and the issue died without issue, whereupon the lands descended to the defendant, as heir to the son of his brother. Et.' super totam, &c.- And, after argument, it was adjudged for the defendant. For although he is chargeable as heir upon this bond, yet he is but a collateral heir; and it ought to be specially declared, and the...
To continue reading
Request your trial
-
Stork against Fox
...1. Roll 431. A fine of lands in a parish passes lands in all the villa in the parish, but nob e converse. Post. 263. 2 Roll. Abr. 54. Cro. Car. 151. 269. 276. 1 Sid. 10. 1 Mod. 25. 2 Mod. 48. 1 Vent. 170. 4 Com. Dig. 322. Cruise on Fines, 125. Ejectment. Upon a special verdict it appeared, ......
-
Denham v Stephenson
...Where defendant is sued as heir, the declaration need not shew coment heir, dliter in a suit by him. Holt 45. 3 D. 382, p. 10, S. C. Vide Cro. Car. 151. Plaintiff brought debt on a bond as administrator, against the defendant, as heir of his ancestor; and upon demurrer one objection was, th......