Lord Abergavenny's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1616 |
| Date | 01 January 1616 |
| Court | Court of Common Pleas |
English Reports Citation: 77 E.R. 373
IN THE COMMON PLEAS.
[78 b] lord abergavenny's case. Pasch. 5 Jacobi. In the Common Pleas. When judgment is given against one of two joint-tenants for life, in an action of debt, and afterwards that one releases to the other before execution, such release shall not bar the execution of the plaintiff. But if such joint-tenant had died before execution, the survivor should hold the land discharged of any execution. And where the joint-tenant for life, to whom the release is made, dies, and the rever-sioner enters, the estate of the other who is yet living has continuance as to the plaintiff. If the husband seised of a rent or common in fee, releases to the terre-tenant; with regard to the wife, the rent has continuance, and she shall be endowed. If there be two joint-tenants in fee, and one grants a rent charge in fee, and afterwards releases to the other, and dies, the survivor shall not avoid the rent. Between Eichard Michelborn, plaintiff, and George Overy, defendant, in replevin, which plea began Trin. 4 Jac. Kot. 1146, in Commimi Banco, the case was such; Margaret Pool and Frances Pool were tenants for life of 12 acres of land in Keym in Sussex, the reversion to the Lord Abergaveny. Afterwards sell. Hil. 34 Eliz. Richard Michelborn, the plaintiff, had judgment in the Common Pleas against the said Margaret, in an action of debt of 2001. 24 Maii, 37 Eliz. the said Margaret did release to the said Frances Pool all her estate and right in the said land, and afterwards, scil. 27 Jun. 37 Eliz. the plaintiff sued execution out of the said judgment for the said debt, by elegit, and the aaid 12 acres amongst others, as a moiety of the other lands, &c. were delivered to the plaintiff, and the plaintiff in bar of the avowry (which was for damage-feasance in his freehold) averred the lives of the said Margaret and Frances: the avowant pleaded, that Frances assigned her interest to the Lord Buckhurst, who, before the taking, had surrendered to the Lord Abergaveny, and traversed the life of Frances, upon which plea, the plaintiff did demur in law, and after argument at Bar and Bench, judgment was given against the avowant, because he had traversed the life of Frances, which was not a thing material, nor issuable; for turn refert whether ahe was living or dead : and in this case these points were resolved. 1. When judgment is given_against Margaret one of the joint-tenants for life, in an action...
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