Pit and Moor

JurisdictionEngland & Wales
Judgment Date01 January 1728
Date01 January 1728
CourtCourt of the King's Bench

English Reports Citation: 90 E.R. 14

IN THE COURT OF KING'S BENCH

Pit and Moor

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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4 cases
  • Moor against Pit
    • United Kingdom
    • High Court
    • 1 January 1793
    ...but a surrender to the use of a stranger, though a disseisor, and admittance thereon, is good.-S. C. 2 Jones, 153. S. C. L Vent. 359. S. C. Skin. 28. S. C. 2 Show. 153. S. C. 1 Freem. 245. Special verdict in ejectment.-The case was this: A copyholder for life; the remainder for life. He in ......
  • More v Pitt
    • United Kingdom
    • High Court
    • 1 January 1826
    ...89 E.R. 175 THE COURTS OF KING'S BENCH AND COMMON PLEAS More and Pitt case 257. more v. pitt. S. C. 2 Mod. 287. T. Jo. 153. 1 Vent. 359. Skin. 28. 2 Show. 153. Semb. a surrender by a copyholder to a disseisor, lord of a manor, ad faciendum inde òvoluntatem suam operates as an extinguishmen......
  • Anonymous (1794) 2 Show KB 153
    • United Kingdom
    • Court of the King's Bench
    • 1 January 1794
    ...by a copyholder to a disseisor of the manor does not extinguish the copyhold.-S. C. 2 Mod. 287. S. C. 2 Jones, 153. S. C. 1 Vent. 359. S. C. Skin. 28. S. C. 1 Freem. 245. Error on a judgment in ejectment in the Court of Common Pleas, where, on a special verdict, the case was, that a bishop ......
  • Pit against Moor
    • United Kingdom
    • Court of the King's Bench
    • 1 January 1729
    ...84 E.R. 1193 COURTS OF KINGS BENCHPit against Moor [153] pit against moor. entred pasc. 32 car. 2. Worcester. 2 Mod. 287. 1 Vent. 359. Skinner 28. Error on judgment in C. B. in ejectment, where on a special verdict the case was this; Thorneburgh late Bishop of Worcester seised of the manor ......
1 firm's commentaries
  • Love and Legal Tech: Karen Dunn Skinner and David Skinner of Gimbal Consulting
    • United States
    • LexBlog United States
    • 26 March 2024
    ...worse than listening to one talking head at the funnel. Marlene Gebauer 28:38 Now we know now everybody knows, okay. Well, we Karen Dunn Skinner 28:41 do it differently now, though, because right? What What would we do we get feedback. And we make incremental improvements, because we’re pro......
1 books & journal articles
  • REQUISITE REALIGNMENT: AFFIRMATIVE ACTION, ASIAN AMERICANS, AND THE BLACK-WHITE BINARY.
    • United States
    • University of Pennsylvania Law Review Vol. 170 No. 6, June 2022
    • 1 June 2022
    ...how unequal the system was between those in power and those not and how protections differed greatly depending on the color of one's skin. (28) The prevalence of these statues does not mean, however, that such legislation was not challenged by litigation. Four years after the California leg......

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