Richard Crowley, Plaintiff, in a Replevin, against Thomas Swindles, William Whitehouse, Roger Walton, Defendants
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1823 |
| Date | 01 January 1823 |
| Court | Court of Common Pleas |
English Reports Citation: 124 E.R. 1024
IN THE COMMON PLEAS.
Referred to, Annesley v. Annesley, 1893, 31 L. R. Ir. 463.
[173] hill. 23 & 24 car. II. C. B. eot. 695. richard crowley, Plaintiff, in a Replevin, against thomas swindles, william whitehotjse, roger walton, Defendants. [Referred to, Annesky v. Annesley, 1893, 31 L. R. Ir. 463.] The plaintiff declares, that the defendants the thirtieth of December, 22 Car. 2, at Kings Norton, in a place there called Hurley-Field, took his beasts, four cows and four heifers, and detain'd them, to his damage of forty pounds. The defendants defend the force; and as bailiffs of Mary Ashenhurst, widow, justirie the caption; and that the place contains, and did contain when the caption is suppos'd, twenty acres of land in Kings Norton aforesaid. That long before the caption, one Thomas Greaves Esquire, was seis'd of one hundred acres of land, and of one hundred acres of pasture in Kings Norton aforesaid, in the said county of Worcester; whereof the locus in quo ia, and at the time of the caption, and time out of mind, was parcel in hia demesne, as of fee, containing twenty acres. That he long before the caption, that is, 18 die Decemb. 16 Car. 1, at Kings Norton aforesaid, by his indenture in writing under his seal, which the defendants produce, dated the said day and year, in consideration of former service done by Edmond Ashenhurst to him the said Thomas, did grant by his said writing to the said Edmond, and Mary his wife, one yearly rent of twenty pounds, issuing out of the said twenty acres, with the appurtenances, by the name of all his lands and hereditaments, scituate in Kings Norton aforesaid. Habendum the said rent to the said Edraond and Mary, and their assigns, after the decease of one Anne Greaves, and Thomas Greaves, uncle to the grantor, or either of them, which first should happen, during the lives of Edmoud and Mary, and the longer liver of them, at the Feasts of the Annunciation of the Blessed Virgin Mary, and St. Michael the Arch-angel, by equal portions: the first payment to begin at such of the said feasts as should first happen next after the decease of the said Anne Greaves, and Thomas the uncle, or either of them. [174] That if the rent were behind in part or in all, it should be lawful for the grantees, and the survivor of them, to enter into all aud singular the lands in King's...
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