Leonard against Stephens
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1650 |
| Date | 01 January 1650 |
| Court | Court of the King's Bench |
English Reports Citation: 74 E.R. 855
King's Bench Division
The REPORTS of that late Reverend and Learned Judge, THOMAS OWEN, Esquire, one of the Justices of the Common Pleas. Wherein are many choice CASES, most of them throughly ARGUED by the Learned Setjeants, and after ARGUED and RESOLVED by the grave Judges of those times. With many Cases wherein the differences in the Year-books are reconciled and explained. 1650. [1] TERMINO PASCH. ANNO 26 ELIZ. LEONARD AGAINST STEPHENS. ROTULO 1702. Leonard Chief Prothonotary, brought on action of trespasse against Stephens; who justified, &c, for that Sir Christopher Heyden knight, was seised in fee, and enfeoffed the defendant, and gave colour to the plaintiff; the plaintiff replied, that true it was that Sir Christopher Heyden was so seised, but be being so seised, died seised of the premisses, and that after his death, they did discend to his son and heire, who eared and was seised, and being so seised did enfeoff the plaintiff: without that, that the said Sir Christopher Heyden did enfeoff the defendant, whereupon issue was joyned, and the jury gave an especiall verdict to this effect. That the said Christopher Hayden was seised as aforesaid, and made a lease for years to the defendant by deed, containing these words, dedi coucessi confirraavi to the defendant and his heires, with a letter of attorney to make livery. The question was, whether this was a feoffment, or but a confirmation. Walmsley Serjeant, It is hut confirmation being by deed, and bath the word confirmation. Anderson, By that reason he in the reversion cannot enfeoff his lessee for years by deed as he may without deed : but I conceive, that it is at...
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