Richard Woodland, Plaintiff, against Walter Mantel and William Redsole, Defendants
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1816 |
| Date | 01 January 1816 |
| Court | Court of the King's Bench |
English Reports Citation: 75 E.R. 148
King's Bench Division
[94] A Report of certain Things arising upon a Replevin sued by richard woodland, Plaintiff, against walter mantel and william redsole, Defendants, and removed by Recordare in Hillary Term, in the fifth and sixth Years of the Reign of King Edward the Sixth. Where an encroachment is of a thing of the same nature with the tenure, as tenure by 12d. and 2s. is encroached, there the tenant shall traverse the seizin in avowry; but if the encroachment be of a thing of another nature from the tenure, as a hawk for a horse, or e contra, there the tenure shall be traversed, and not the seizin. S. C. Vin. Abr. tit. Incroachment C. pi. 9. Same diversity M. 21 Ed. 4. 64. pi. 36. Kelw. 31. b. 73. b. F. N. B. 10. g. h. 9 Co. 33. a. Winch. 18. Doc. Pla. 318. Note, (Reader) It appears in the records of the King's Bench of Hillary Term, 4 & 5 Edw. 6. Rot. 38. that the said plaintiff had sued a replevin against the said defendants for taking two cows in the county of Kent, in a place called the Lease. And (c) Fitz. Assize, 242. Bro. Disseizin, 83. Seizin, 23. (d) Fide Litt. 419. (e) S. P. Co. Litt. 253, b. (f) See Ante 92. (g) S. C. cited 1 Bulat. 9. 2 Brownl. 238. IPLOWDEN, M. WOODLAND V. MANTEL AND REDSOLE IN B. R. 149 the said Walter Mantel avowed, and the said William Redsole as his bailiff confessed the taking in the place &c. And they said that the place were, &c. contained four acres and a half in Horton, and that one John Godden was seized in fee of one messuage and 15 acres of land in Horton, whereof the four acres and a half were parcel, and held them of the prior of Horton as of his manor of Horton by fealty and rent of as. and by the rent of 5 capons, and by suit of court every three weeks, and by the service to render, as well after the death of every tenant dying seized thereof in his demesne as of fee, as after every alienation made thereof in fee simple, 5s. in the name of J relief, and also by the service to render, after the death of every tenant of the said tenants dying seized, the best beast that such tenant had at the time of his death, for and in the name of a heriot, and they alledged t seizin in the said prior by the hands of the said Goclden : and afterwards they conveyed the manor by the dissolution of monasteries to King Henry the Eighth, and from him to Richard Tate, for '21 years, and from him to the said Walter Mantel. And John Woodland having the estate of the said Godden in the said four acres and a half, and being thereof seized in fee, and being possessed of a young ox, called a steer of the price * of 25s. then being his best beast, died. And because the said steer was detained and eloigned, the said Mantel avowed, and the said Redsole as his bailiff confessed the taking of the cows in the said place, in which, &c. for the said steer, and within his fee, &c. And the plaintiff said, that true it is the said Godden held the said messuage and 15 acres of land of the said prior, as of the said manor, by fealty and 5s. rent, and 5 capons, and suit of court, and relief of 5s. in manner and form as in the avowry is alledged. And further said, that within the said manor there is such a custom, that if any person holds any lands or tenements by several services of the said manor, and dies seized of the same lands, then the lord of the said manor for the time being shall seize the best beast of the said tenant, so dying seized, for a heriot, as heriot-custom for all the lands and tenements so holden of the same lord, as of the said manor, and the same should have to his own use. And further said, that the said John Woodland being seized of the said four acres and a half, and of divers other lands, and being also seized of divers other lands and tenements holden...
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