Perry and Bowyer
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1728 |
| Date | 01 January 1728 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 15
IN THE COURT OF KING'S BENCH
6. perry and bowyer. Jones 196. This term, the case between Perry and Bowyer was argued by Holt for the plaintiff, and Saunders for the defendant; and Holt argued, That irirollment is necessary ; and where the law requires inrollments, that in all cases it shall relate. Before 27 H. 8, irirollment was necessary but in two cases, first of the King, second of recognizances ; in both which cases there shall be relation. If there shall be relation by common law, why not by Act of Parliament: a recognizance taken before a Judge out of Court, and in vacation, shall relate; and cited Hob. 195, 222. 2 Inst. 674. 2 And. 160. Afterwards P. 34 Car. 2, they declared their opinions that sale by commissioners, if of lands, ought to be by deed enrolled, and is void if otherwise; and that this depends upon the different penning of the statute from, that of inrollment; they held likewise, that here shall be no relation. Saunders went upon the words of 13 Eliz. that commissioners have power to sell by deed indented, and inrolled ; so that the inrollment is necessary, being a part of their authority, which is not compleat without it; that here needs no relation from the inrollment to the sealing of the deed, for it shall...
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