Parker against Edith Bleeke
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 1088
King's Bench Division
1088 HILARY TERM, 15 CAR. 1. IN B. R. CRO. CAR. 568, [568] case 6. parker against edith bleeke. Hilary Term, 13 Car. 1. Roll 1002. In the sale of copyhold lands by commissioners of bankrupts, the estate is in the bargainee before admittance, and the owner is no copyholder after the bargain and sale inrolled ; therefore if the bankrupt die between the sale and the admittance, his wife shall lose the advantage of a custom, that " the wives of copyholders dying tenants of the manor shall be endowed." Ante, 550. 1 Atkins, 96. 1 Com. Dig. 541. 2 Com. Dig. 501. 528. 2 Bac. Ab. 153. Cooke's Bank. Laws, 217. Cowp. 481. 1 Term Rep. 600. 3 Term Rep. 470. Judg. Res. 161. Trespass. Upon not guilty pleaded, a special verdict was found, that the land was copyhold land of inheritance of the manor of Cheltenham, in Gloucestershire, whereof one Arthur Bleeke, late husband of the defendant, was seised in fee; within which manor there is a custom, amongst others, that if a copyholder seised in fee of a copyhold tenement dieth, having a wife at the time of his death surviving him, that she shall have and hold the said copyhold land during her life, and for twelve years after ; and they found the statute of 13 Eliz. c. 7. of Bankrupt, and the statute of 1 Jac. 1. c. 15.: and that upon complaint of the creditors a commission issued upon those statutes, directed to Warren and six other commissioners, to enquire whether he were a bankrupt; and if they found him to be a bankrupt, that they, or three of them, whereof the said Warren to be one, should execute the commission according to the statutes. That hereupon the said Warren and three others, upon complaint of the creditors, examined the matters and adjudged him to be a bankrupt; and found that he was seised in fee of the said copyhold, which was apprised to be sold to the value of six hundred pounds: that they by indenture, 5th April 10 Car. 1. inrolled within the six months, reciting the causes wherefore they adjudged him to be a bankrupt, bargained and sold the said copyhold land to Arthur Parker and William Sothern and their heirs, for six hundred pounds, paid and secured to be paid, for the use of the creditors of the said bankrupt. Atid they find a Private Act of Parliament, made 1 Car. 1. whereby the customs of the said manor are cited and established ; and amongst others this custom is mentioned and confirmed, " that the...
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