Norwood and Dennis Case

JurisdictionEngland & Wales
Judgment Date01 January 1687
Date01 January 1687
CourtCourt of Common Pleas

English Reports Citation: 74 E.R. 294

IN THE COMMON PLEAS.

Norwood and Dennis Case

Quare Impedit.

294 NORWOOD AND DENNIS CASE ILSONARD, 324. case, which Anderson granted, but Periam doubted of it ; and be said, guardian in socage hath such an estate in the reversion that he may enter for a condition broken : Anderson, The same is not in respect of any estate that he bath, but in the name and right of the heir, and not by reason of any reversion. Ow. 45. 56. Hutt. 105. Ant, 158. Ante. 303. TRIN. 31 ELIZ. IN THE COMMON PLEAS, COCCLV. NORWOOD AND DENNIS CASE. Quare Impedit. In a quare impedit by Norwood against Dennis, the issue was, if the advowson was appendant to the manor of D. or in gross, and the jury found that it was appendant, and further found, that the Queen had right, and title to present, for she had presented at the two last avoidances. Anderson and Periam Justices, If it appeareth unto the Court upon the pleading, that the King hath title to present. The Court shall award a writ to the bishop for the King, but here appeareth no title for the Queen upon the pleading, but only upon the verdict, so as the one part or the other may answer to it : and because the jury have found for the plaintiff, the title found for the Queen shall not be respected, but as a meer nugation and surplusage, for the same was out of their issue, and their charge, and it is no more then if one comes into the Court, and informs us of any title for the Queen, there the Court ought not to regard it. TRIN. 31 ELIZ, IN THE COMMON PLEAS. CCCCLVI GREEN AND THE HUNDRED OF BUCCLE-CHU RCH ES CASE. Action upon the Statute of Hay and Cry. In an action upon the Statute of Huy and Cry, the case was, that Green did deliver a certain sum of money to a carryer, who put the same (amongst other things) in his cart, and sent a boy of the age of twelve years with the cart before, and he himself stayed a short time in the inn, and afterwards went his way, and before he could get to the cart, the cart was robbed and the money carryed away : the boy made buy and cry, and came unto a justice of peace, and prayed he would examine him, but he would riot, but the carryer himself would not...

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