Pit and Moor
| 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. 14
IN THE COURT OF KING'S BENCH
4. pit and moor. Lands in the manor of Grimley, in the county of Worcester, are demisable by copy for one life in possession, and others in reversion. The Bishop of Worcester, of whom the manor is holden, demises it to one Anne Pit for life; and to one Thornborough and two others, after him in reversion. One Corbet enters, and disseises the lord of the manor; and Thornborough, living Anne Pit, surrenders to the lord; disseisee enters, Anne Pit dies, Thornborough leases to the plaintiff'; and if thia be good, or not, was the question upon a special verdict in C. B. and there adjudged for the plaintiff una voce; and after error was brought in R. B. and Pollexfen for the plaintiff in writ of error argued. 1. That there may be a disseisor of a manor; and for that cites Litt. sect. 587, but he said, that in this case for the meaness of their estate, the attornment of the copyholders not requisite; but by holding of courts, and their resorting to them, and making and taking surrenders, it will be a sufficient disseisin. He says it will be admitted, a disseisor may take a surrender as an instrument; and why not in his own right, the party surrendering not being disabled to make it. 1 Report 140. 4 Report 24. Disseisor hath as great an estate, as a grantee, though not so just; and therefore equal as to taking surrenders. If copyholder be not disabled to surrender to the use SKINNER, 29. TERM. HILL. 33 AND 34 CAE. 2. R. B. 15 of a stranger, why should he to the lord's use 3 and if he surrender to the lord's use, the estate is merged; by what reason or equity then shall it revive contrary to the party's own surrender? He put the case, where lessee for years is ousted, and he in reversion...
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