John Tufton, Knight and Baronet, Plaint. v Rich. Temple, Knight of the Bath and Bar, Chamberlain Hammersley, Cl., John, Bish. of Lich. and Cov., Defen
Jurisdiction | England & Wales |
Judgment Date | 01 January 1823 |
Date | 01 January 1823 |
Court | Court of Common Pleas |
English Reports Citation: 124 E.R. 941
IN THE COMMON PLEAS.
Referred to, Carlisle v. Whaley, 1867, L. R. 2 H. L. 409.
The REPORTS and ARGUMENTS of that Learned Judge SIR JOHN VAUGHAN, Kt, late CHIEF JUSTICE of HIS MAJESTIES COURT of COMMON PLEAS. Being all of them SPECIAL CASES, and many wherein he Pronounced the Resolution of the whole Court of Common Pleas ; at the time he was CHIEF JUSTICE there. Published by his Son, EDWARD VAUGHAN, Esq. MDCLXXVII. [1] hil. XVII. & XVIII. carou 2, reg. C. B. rot. 1032. john tuiton, Knight and Baronet, Plaint, vm-s. rich. temple, Knight of the Bath and Bar, chamberlain hammersley, Cl., john, Bish. of Lich. and Cov., Defen., in a Quare Imped it for hindring him to Present a fit Person to the Vicaridge of the Churoh of Burton-Basset in the County of Warwick, being void, and belonging to hia Gift. [Referred to, Carlisk v. Whaley, 1867, L. R. 2 H. L. 409.] The plaintiff sets forth, that whereas Thomas Temple Kt. and Bar. was seised of two third parts of the marmor of Burton Basset, to which one third part of the advowson of the viearidge aforesaid ; that is, to present a fit person to the same vicaridge the first time, when the same then after should happen next to be void : and after the same first presentation, then every third turn of the same vicaridge being void for ever appertains, and did appertain, in his demesne as of fee. [2] And one Edward Wootton Kt. Lord Wootton, was seised of one other third pp,rt of the mannor aforesaid, and of one third part of the rectory impropriate nf Burton Basset: to which third parts one other third part of the advowson of, the vicaridge aforesaid: that is, to present a fit person to the same vicaridge the second torn, when the same vicaridge then after should happen next to be void: and after the same econd presentation, then every third turn of the same vicaridge being void for ever doth appertain, and then did appertain, in his detnesn as of fee. That the said Thomas Temple was likewise seised of another third part of the advowson of the vicaridge aforesaid, that is, to present a fit person to the same the third turn, when the same vicaridge then after should happen next to be void: and after such third presentation, then every third turn of the same vicaridgo being void for ever. Ut de uno grosso per se, ut de feodo & jure. That the said Thomas Temple being seised of the two third parts of the said raannor: to which, &c. the said vicaridge became void by the resignation of Thomas Freeman then last incumbent. That thereupon the said Thomas Temple presented in his turn to the said vicaridge one John Rqignalds his clerk, who was admitted, instituted and inducted thereto, in the time: of the late King James. That the. said lidw. Wootton, being seised of the said other third part of the said 942 TUFTON V. TEMPLE VAUGHAN, 3. manner, and third part of the rectory aforesaid, to which, &c. dyed thereof bo seised at Burton Basset aforesaid. That after his death the said third parts, to which, &c. descended to one Thomas Lord Wootton his son and heir, whereby the said Thomas Lord Wootton became thereof seised in his demesne, as of fee. That being so seised, he levyed a fine of the said third parts, to which, &c. in the Common-Pleas, 4 Car. 1, in octab. S. Martini to Nicholas Pay Eaq; and Reignald Pay gent, com-plainants, the said Lord Wootton, Mary his wife, and one Henry Wootton Knight deforc. That the said fine was to the use of the aaid Lord Wootton and Mary his wife, during their natural lives, and the longer liver of them. Then to the uae of the first son of the body of the Lord Wootton, and the heirs males of the body of such first son begotten, and so to the sixth son successively and the heirs [3] males of their bodies, and so to every other the sons of the said Lord Wootton successively. Then for default of such issue, to the use of Margaret Wootton third daughter of the aaid Lord Wootton, and Mary his wife, and of such husband with whom the said Margaret should happen to marry for term of such husbands natural life (if the said Margaret should so appoint the same per aliquod scriptum sub maim & sigillis suis): and of the heirs males of her body begotten for part of her marriage portion, then to the use of the heirs of her body begotten : and for default of such, to the use of the right heirs of the said Thomas Lord Wootton for ever. That by the said fine and Statute of Uses, the said Lord Wootton and Mary his wile were seised of the said two third parts to which, &c. for their lives with the remainders over as aforesaid. That being so seised the said vicaridge became void by the death of the said John Reignalds: and the said Lord Wootton presented to the same in hia turn one John Cragg, who was accordingly instituted and inducted tempore Car. 1. That the said Tho. Temple, being seised of the other third part of the said advowson in gross levyed a fine among other things of the said third part of the said advowson to Edward Peeter, and Thomas Peeter Esquires, eora-plainants, and the said Thomas Temple and Hester his wife being deforceants. That this fine was so levyed to the use of one William Peeter Esq; and his heirs. That the aaid William Peeter, being seised by vertue of the said fine and Statute of Uses, the said vicaridge became void by the resignation of the said John Cragg and the said William Peeter presented in his turn thereto one Robert Kenrick his clerk, who was accordingly admitted, instituted and inducted tempore Car. 1. That the said Tho. Temple being seised of the said two third parts of the said mannor, to which, &c. dyed so seised at Burton Basset aforesaid. That after his death the said two third parts to which, &c. descended to one Peter Temple his son and heir, who was thereof seised, and dyed so seised. That after his death, the same descended to the said Richard Temple his son and heir, who was, and yet is, seised of the said two third parts. That being so seised, the said vicaridge became void by the death of the said Robert Kenrick, which vacancy was the third vaeancy of the said vicaridge after the said first presentation of the said Thomas Temple. [4] That the said Richard 12 Decombris anno 1654, presented to the said vicaridge in his turn one Richard Manfell his clerk, who upon his presentation obtain'd the said vicaridge, and was in actual possession thereof, and so being in possession a statute was made the 25th of April 12 of the King for confirmation and establishing of ministers in the ecclesiastick possessions, ordained by any ecclesiastick persons before the 25th of December, then last past: and that the said Richard Manfell by vertue of the said statute was real and lawful incumbent and vicar of the said vicaridge. That the said Lord Wootton and Mary his wife being seised of the said third part of the said mannor and rectory aforesaid for their lives with remainder, as aforesaid, the said Lord Wootton so seised dyed at Burton Basset aforesaid. That the said Mary survived him, and was thereof sole seised for term of her life by survivorship. And being thereof so seised with remainder, as aforesaid. The said Margaret married the said John Tufton, and after the 8th day of August, 22 Car. 1, by a writing under her hand and seal produc'd in Court by the said John Tufton dated the same day and year appointed, that the said fine leavyed aa aforesaid in the 4th yeaf of the King should be, and the conusees therein named should stand. VAUOHAN.5. TUFTON V. TEMPLE 943 seised of the said third part, to the use of the said Margaret, and of the said John Tufton for term of his life, as by the said writing more fully appears. By vertue of the said fine and Statute of Uses, the remainder of the said third part, after the death of the said Mary belong'd to the said John Tufton and Margaret for term of the said Johns life with remainder as aforesaid. That the said Mary...
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