John James, Jun., Demandant; Williams, Tenant; Maria James, Vouchee
| Jurisdiction | England & Wales |
| Judgment Date | 09 May 1817 |
| Date | 09 May 1817 |
| Court | Court of Common Pleas |
English Reports Citation: 129 E.R. 174
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 1 Moore, 130.
john james, Jun., Demandant; williams, Tenant; maria james, Vouchee. May 9, 1817. [S. C. 1 Moore, 130.] The caption of the warrant of attorney in a recovery is not so conclusively a part of the deed of the party, but that it may be amended after execution by the writ of entry. Bosanquet Serjt. moved to amend the caption of the warrant of attorney in a recovery. The writ of entry stated, inter alia, 130 acres of pasture, pasture for 30 beasts, &c. The writ of dedimus potestatem pursued this writ exactly as it ought to do, but in transcribing the terms of the dedimus potestatem at the head of the warrant of attorney, the clerk, supposing that the repetition of the word pasture was a mistake, had omitted to repeat it in the recital of the writ at the head of the warrant of attorney, so that it stood as 130 acres of pasture for 30 beasts. He was aware that the Court had held that they could riot amend...
To continue reading
Request your trial
-
Stewart v The Marquis of Conyngham
...v. Pledall Sir t. Moo. 96. Doe v. Lloyd Peale on Ev., ap. 41. Doe v. Phillips 10 Q. B. 130. In re Lamont 3 Scott, 666. Rogers v. JamesENR 7 Taunt. 434. Forster v. ForsterENR 6 Taunt. 373. Hume v. Burton 1 Ridg. P. C. 16. Hall v. Smith 14 Ves. 426. Pope v. Garland 4 Y. & Col. Ex. 394. Spunne......