North v Earl and Countess of Strafford
Jurisdiction | England & Wales |
Judgment Date | 01 January 1732 |
Date | 01 January 1732 |
Court | High Court of Chancery |
English Reports Citation: 24 E.R. 1007
LORD CHANCELLOR KING.
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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