North v Earl and Countess of Strafford

JurisdictionEngland & Wales
Judgment Date01 January 1732
Date01 January 1732
CourtHigh Court of Chancery

English Reports Citation: 24 E.R. 1007

LORD CHANCELLOR KING.

North
and
Earl and Countess of Strafford

See Fraser v. Mason, 1883, 11 Q. B. D. 576.

Case 36.-north v. Earl and Countess of strafford. [1732.] [See Fraser v. Mason, 1883, 11 Q. B. D. 576.] Lord Chancellor King. 2 Eq. Ca. Ab. 80, pi. 7. A bill is brought by a lord of a manor to recover a fine for a copyhold, on a suggestion, that the defendant was admitted by attorney, but sometimes pretends the attorney had no authority to take such admittance ; the defendant answers as to the part, and demurs as to relief ; the demurrer held good. The plaintiff's Norths father was lord of the manor of D. in Suffolk, of which Sir Henry Johnson held several parcels of copyhold by several quit-rents, and had been admitted to the same, and Sir Henry dying, these copyholds descended to his daughter and heir, the Countess of Strafford. Whereupon Mr. Draycott, the Lord Stafford's agent, wrote a letter to the agent of Mr. North the father (lord of the manor), desiring Mr. North would admit the Countess to these copyholds. Accordingly Mr. North, admitted the Countess by one Mr. Bawdrey (who was also agent for Mr. North), her attorney, as tenant to the copyhold premisses, for which several fines were set, amounting to £40. Sometime after this, Mr. North, the then lord of the manor died, leaving the plaintiff Mr. North, his son and heir, and also executor, who brought this [149] bill against the Earl and Countess of Straff ord, to recover the fine set upon the admittance, and likewise to be...

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6 cases
  • The Grand Junction Canal Company v Dimes
    • United Kingdom
    • High Court of Chancery
    • 16 November 1846
    ...not long after the passing of the 9 Geo. 1, c. 29, which contained a similar clause. Lord Chancellor King, in the case of North v. The Earl of Stafford (3 P. Wms. 148), held that if a feme covert would not come to be admitted, the Plaintiff might enter and seize, though he is reported to ha......
  • Wake v Conyers
    • United Kingdom
    • High Court of Chancery
    • 16 June 1759
    ... ... So Harding v. Countess of Suffolk, Rep. Can. 63. Cocks v. Foley, 1 Vern. 359. In the case of the ... extremely unwilling to grant the last new trial in the case-of the Earl of Darlington v. Bowes (1 Eden, 270): but on inquiring of the bar whether ... ...
  • Brady v Fitzgerald
    • Ireland
    • Court of Chancery (Ireland)
    • 16 June 1848
    ...v. GubbsENR 2 Vern. 382. Boteler v. Massey 1 Finch, 241. Duke of Bridgewater v. EdmondsENR 6 Bro. P. C. 368. North v. StaffordENR 3 P. Wms. 148. Holder v. ChamburyENR 3 P. Wms. 255. Benson v. BaldwynENR 1 Atk. 598. Duke of Leeds v. Powell 1 Ves. 171. The Duke of Leeds v. the Corporation of ......
  • Doe D. Twining and Another v Muscott
    • United Kingdom
    • Exchequer
    • 1 January 1844
    ...species of proceedings, in the case of a feme covert, is not abrogated by the stat. 11 Gf-eo. 4 & 1 Will. 4North, v. The Earl and Countess of Strafford (3 P. Wms. 148), it was held, that if the attorney appeared for the feme covert without authority, the lord might enter at common law, ......
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