Lilly against Taylor
| 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. 965
King's Bench Division
OWEN, 148. LILLY AGAINST TAYLOR 965 writings be in a box, the heir shall have the box, because real things are more regarded than personal. [148] Nevertheless in this case the writ of errour is in a real action, for the law sayes, that it is in the same nature as in original action, whereupon it is brought ; as if errour be brought to reverse a judgement given in a personal action, the writ of errour is personal ; and so in like manner is it real, if the first action be real, 47 Ed. 3. 35. 35 H. 6. 19, & 23. And although the first action he mixt, yet the law does rather respect the reality, 30 H. 6. Barr. 59. where two brought an assize, and one did release, and there it was said, that although this were a mixt action, yet it shall be according to the most worthy, and that is the reality : and 16 Assi. 14. divers disseisors being bared in an assize, did bring a writ of attaint for the damages, and summons and severance was suffered, for damages were joyned with the reality : and Stanford, 184. If a man be indicted before a coroner, quod fugam fecit, if lie after reverse the indictment, yet he shall have his goods, for de minimis non curat lex : but note, that the justices said, that the fugam fecit was the cause of forfeiture of the goods, and not the felony. And as to the presidents, he agreed to the case of the 18 H. 7. for an executor shall have a writ of errour to reverse judgment given in an exigent, for there nothing but the goods are forfeit, 30 H. 6. Forfeiture 31. and for the president in 11 H. 8. it cannot be proved that the outlawry was for felony. Vid. Rep. fol. 3. 33 Er.m. LILLY AGAINST TAYLOR. IN B. R. ROT. 467. Marsh seized of the land in question, did devise this to Rose Lilly for life ' ò and if she fortun'd to marry, and after her decease should have any heirs of her body lawfully begotten, then that heir should have the land, and the heirs of the body of such heir ; and for default of such issue, the land shall revert to Philip Marsh, his son and his heirs, and the question was, if the husband of Rose shall be tenant by the curtesy, or not ; and so if Rose had estate tail, or for life onely. Godfrey. She hath estate but for life; and he...
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