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Pope v Skinner

Maclean & Robinson's Appeal Cases English Reports Cited authorities 1 Cited in 2 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1792
Date01 January 1792
CourtCourt of the King's Bench

English Reports Citation: 80 E.R. 222

King's Bench Division

Pope
and
Skinner

87. pope versus skinner. Replevin. 1 Brnl. 177. Winch. Ent. 1051. Jenk. Cent. 296. Mo. 863. 2 Ro. 707, 708. Chequer Chamber. Lincoln. Tr. 12 Jac. Rot. 2017. Brownlow lease misrecited, and yet well. Latch. 93. Pope brings a replevin against Skinner, who avows the taking as a commoner, because the plaintiff's beasts were in the common damage fesant in April 11 Jac. The plaintiff in bar says, that one William was [73] seised upon a house and land, &c. Whereunto he had common, &c. and demised the same unto him, the 30th day of March, in the same 11 year, to hold from the Feast of the Annunciation next before for a year. The avowant traverseth the lease modo & forma, whereupon issue was taken, and the jury said, that Williams made a lease to the plaintiff, on the 25th day of March for one year, from thence next ensuing : and though this be not the same lease, that the plaintiff pleaded (for this begins on the day, and the other begins not so soon) nor waa to take his limitation, but from the day excluded, yet the Court gave judgment for the plaintiff; for the substance of issue is where the plaintiff have such a lease or no from Williams, as by force thereof he might common at the time, which appeared for him in this case, and the modo and forma in the rest is not material; yet it must not depart altogether from...

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