Richard Brooks against Eliz. Brooks and Will. Wright
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 370
IN THE KING'S BENCH.
[434] michaelmas term. 15 Jac. 1. In the King's Bench. Sir Henry Montague, Knt., Chief Justice. Sir John Croke, Knt., Sir John Doderidge, Knt., Sir Robert Houghton, Knt., Justices. Sir Henry Yelverton, Knt., Attorney General. Sir Thomas Coventry, Knt., Solicitor General. case 1. eichard brooks against eliz. brooks and will. wright. Hilary Term, 13. Jac. 1. Roll 1911. If a copyholder surrender his estate generally, without saying to whose use it is made, and the lord regrant it to the surrenderor, habendum to him and his wife in tail, the wife shall take, though not named in the promises. Dyer, 8. 59. 160. 2 Roll. Ab. 67. Poph. 125. Co. Cop. 9. Co. Lit. 21. a. 26. b. Gilbert's Ten. 255. 259. Ld. Raym. 624. 626. 1 Peere Will. 17. Ejectment of lands in Welborough, of a lease of John Wright. Upon not guilty, it was found by special verdict, that John Wright, father of the lessor, was copyholder in fee of this land of the manor of Welborough, and surrendered it into the lord's hands, who regranted it in this manner: "Memorandum, quod John Wright cepit de domino ceitx ten: cui dominus concessit, inde seifinand. habendum eidem Jolianni et Elizabeth uwri ejus de et hceredibus eortim, corporibua suis eMuntibus, remane.re " to the said John Wright. The said John Wright dies; the lessor as his heir enters : and if the (a) Ante, 98. CHO. JAC. 43S. MICHAELMAS TERM, 15 JAC. 1. IN B. R. 371 said Elizabeth shall take by this copy, they pray the discretion of this Court; and then find for...
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