Pudsey v Newsam
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 80 E.R. 32
IN THE COURT OF KING'S BENCH
pudsey versus newsam. Mo. 682. 1 Brownl. 84. Debt. Debt of 5001. with condition, if the defendant before Michaelmas do make, acknowledge, and suffer, Ac. all and every such reasonable act and things, whatsoever they be, far the good and laivful assuring and sure-making of the manor of D. to J. .S'. and his heirs, that then, &c. the defendant pleaded that before Michaelmas the plaintiff' rationabiliter non requisivit the defendant ad faciendum, &c. aliqua rationabilia actum & acta, quce forent pro bona & legitima assurantia [45] of the manor of D. &c. The plaintiff replied, that such a day before Michaelmas he requested the defendant, quod ipse conveiaret & assuraret manerium de D. to J. S. &c. secundum tenorem conditionis; and upon that they were at issue, and it was found for the plaintiff, and alledg'cl in arrest of judgment, that no sufficient breach was assign'd; for the plaintiff ought to have required an assurance in certain, viz. a feoff'ment, or fine, or, &c. and not to have requested that the defendant conveiaret; for the condition being special, all and every act and acts, the request ought to have put the assurance to a certainty, what ought to be made. But non allocatur ; but the issue adjudg'd good, and the condition broke; for by the condition the defendant is to do all and every ad whatsoever for the assurance of the manor of D. So that if the plaintiff requested a fine, a feoffment, a recovery, a bargain and sale, the defendant ought to do all; but it was held, that he is not to execute any * bond, or recognisance for the enjoying of the manor, for that is but a collateral security, and...
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