Richard Wrotesley, Plaintiff, and Richard Adams and Elizabeth his Wife, Defendants
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1816 |
| Date | 01 January 1816 |
| Court | High Court |
English Reports Citation: 75 E.R. 287
IN THE COMMON BENCH
See In re Bellamy, 1883, 25 Ch. D. 625; Cowen v. Truefitt, [1898] 2 Ch. 551; [1899] 2 Ch. 309.
[187] A brief Report of a Case argued by the Serjeants in the Common Bench, in Trinity Term, in the first Year of the Reign of Queen Elizabeth, and in Michaemas Term next following, and by the Judges in Hillary Term next afterwards, between richard wrotesley, Plaintiff, and richard adams and elizabeth his Wife, Defendants, in an Ejectione Firtnae, brought by the said Plaintiff against them. And the Record was as follows. Trin. Term. 4 & 5 P. & M. Rot. 341. Salop. [See In re Bellamy, 1883, 25 Ch. D. 625 ; Oowen v. Tmefitt, [1898] 2 Ch. 551; [1899] 2 Ch. 309.] Declaration.-Same Precedent. Bast. Entr. 253 b.-Richard Adams, late of Brosley, in the county aforesaid, yeoman, and Elizabeth his wife, were attached to answer Richard Wrotesley, gentleman, of a plea, wherefore with force and arms into one messuage, 60 acres of land, 20 acres of meadow, and 100 acres of pasture, with the appurtenances in Brosley, which John, late Prior of the Monastery of St. Milburgh, of Graat-Wenlock, now dissolved, and the then convent of the same place demised to the aforesaid Richard Wrotesley, for the term of 63 years, within the said term they entered, and the same for a long time occupied, and the said Richard Wrotesley hindered from taking the profits of the tenements aforesaid, with the appurtenances, according to the form of the demise aforesaid, and him from his farm aforesaid, within the term aforesaid ejected ; and other enormous things to him did, to the great damage of the said Richard Wrotesley, and against the peace of the lord the King and lady the Queen now, &c. And whereupon the same Richard Wrotesley, by Thomas Newman, his attorney, complains, that whereas one Thomas, late prior of the aforesaid late monastery, was seized of the tenements aforesaid, with the appurtenances in his demesne as of fee in right of his monastery aforesaid, and being so seized thereof, the same then prior, and the then convent of the same place, by their certain writing indented, bearing date on the Feast of the Nativity of St. John the Baptist, in the 22d year of the reign of Lord Edward the Fourth, late King of England, and made at Great Wenlock aforesaid, between the same then prior, and the then convent of the same late monastery of the one part, and one John Bailey, and Joice his wife, of the other part, and sealed with the convent seal of the same late prior and convent, by their unanimous assent and consent demised, granted, and to farm let to the aforesaid John Bailey and Joice, the tenements aforesaid, with the appurtenances, to have and to hold to the same John and Joice, and their assigns, from the Feast of St. Michael the Archangel then next following, unto the end and term of 80 years thence next ensuing, and fully to be compleat. By force of which demise the same John Bailey and Joice, were possessed of such title, interest, and term of years of and in the tenements aforesaid with the appurtenances, and being so thereof possessed, after the aforesaid Feast of St. Michael the Archangel then next following, they entred into the tenements aforesaid with the appurtenances, and were thereof possessed, and being so thereof possessed, the same John died, and the aforesaid Joice survived him, and held herself in the tenements aforesaid with the appurtenances, and was thereof sole possessed by right of survivorship, &c. And * Note, in actions of debt, account, or upon a contract against executors, the death of one abates the writ, as appears H. 37 H. 6. 16. pi. 7. Fitz. Brief, 133. Bro. 232 P. 2 H. 4. IS. pi. 8. Bro. Brief, 96. Executors, 123. Theol. Dig. lib. 12. cap. 2. s. 34. Hardr. 114, 161. And so it was adjudged in point upon the authority of this case, Pasch. 17 Car. 2. B. R. Wmral v. Brand. 1 Lev. 165. 1 Sid. 259. T. Raym. 131. 1 Keb. 302, 906, 925. Wentw. Off. of Exec. 362, 363. See the statute of 8 & 9 W. 3. cap. 11. s. 7. 288 the pleadings: wbotesley v. adams i plowden, m the same Joice being so possessed thereof, took to husband one Eoger Wilcox, whereby the same Roger and Joice were possessed of the tenements aforesaid with the appurtenances, and being so thereof possessed, the aforesaid Joice died, and the aforesaid Eoger survived her, and was sole possessed of the tenements aforesaid with the appurtenances; and the said Roger being so possessed of the tenements aforesaid with the appurtenances, and the reversion of the same tenements with the appurtenances, belonging to the aforesaid Thomas, late prior, and his successors, the same Thomas late prior died. After whose death one Richard was duly elected and made prior of the monastery aforesaid, whereby the same Richard was seized of the aforesaid reversion of the tenements aforesaid with the appurtenances as of fee and right, in right of the late monastery aforesaid, and the same Richard being so seized thereof afterwards likewise died ; after whose death one Rowland was duly elected and made prior of the monastery aforesaid, whereby the same Rowland was seized of the reversion of the aforesaid tenements with the appurtenances as of fee and right, in right of the monastery aforesaid, and the same Rowland being so seized thereof afterwards likewise died ; after whose death one John was duly elected and made prior of the monastery aforesaid, whereby the same John, late prior, was seized of the aforesaid reversion of the tenements aforesaid, with the appurtenances as of fee and right, in right of the monastery aforesaid. And the aforesaid Roger being possessed of the tenements aforesaid with the appurtenances, the reversion thereof belonging to the aforesaid John, late prior, and to the convent, and his successors, as in right of the monastery aforesaid, the same John, then prior, and the then convent of the same late monastery afterwards, viz. the fourth day of September, in the 26th year of the reign of Lord Henry, late King of England, the eighth from the Conquest, at Great Wenlock aforesaid, by their certain writing indented, made between them the saitl John, then prior of the monastery aforesaid, and the then convent of the same place of the one part, and the aforesaid Richard Wrotesley, of the other part, (one part whereof, sealed with the common seal of the aforesaid John, then prior, and the convent, the same Richard Wrotesley produces here in Court, the date whereof is the same fourth day of September, in the 26th year abovesaid) by their unanimous assent and consent granted, and to farm let to the same Richard Wrotesley, the tenements aforesaid, with the appurtenances, by the name of the reversion of all their farm in Brosley, and by the name of one other tenement there with all the lands, leasows, pastures, and meadows to the same belonging, and with all and singular their appurtenances then in the tenure and occupation of tha aforesaid Roger Wileox. To have and to hold to the same Richard Wrotesley and his assigns from the end and expiration of the aforesaid term of years demised to the aforesaid Roger Wileox unto the [188] end and term of 63 years from thence next following, and fully to be compleat, with this, that the aforesaid Richard Wrotesley will aver, that the aforesaid 60 acres of land, 20 acres of meadow, and 100 acres of pasture, with the appurtenances, in Brosley aforesaid, from time whereof the memory of man is not to the contrary, have always been demisable and demised with the aforesaid farm and tenements aforesaid, and let and occupied with the same. And afterwards the aforesaid John, late prior, and the convent of the aforesaid late monastery, by their deed, sealed with the common seal of the said late prior and convent, and inrolled of record in the Court of Chancery of the aforesaid late King Henry the Eighth, at Westminster, in the county of Middlesex, bearing date the 25th day of January, in the 31st year of the reign of the aforesaid late King Henry the Eighth, granted the reversion of the tenements aforesaid, with the appurtenances, amongst other things, to the aforesaid late King Henry the Eighth, to have to him, his heirs and successors for ever. By virtue of which grant, and of a certain statute made in a Parliament of the aforesaid late King Henry the Eighth, begun and holden at Westminster, the 28th day of April, in the 31st year of his reign, the same late King Henry the Eighth was seized of the reversion of the tenements aforesaid, with the appurtenances as of fee and right, in right of his Crown of England. And the same late King Henry the Eighth, being so seized of the reversion of the tenements aforesaid, with the appurtenances, by his letters-patent, bearing date at Westminster, the 27th day of September, in the 37th year of the reign of the same late King Henry the Eighth, granted the reversion of the tenements aforesaid, with the appurtenances, 1PLQWDEN. 189. THE PLEADINGS : WROTESLEY V. ADAMS 289 amongst other things, to one William Piniiock and Elizabeth his wife, to have and to hold to them, tbeir heirs and assigns for ever. By reason of which said letters-patent the same William Piniiock and Elizabeth were seized of the reversion of the tenements aforesaid, with the appurtenances as of fee and right. And being so seized thereof, and the aforesaid Roger Wilcox being possessed in form aforesaid of the tenements aforesaid, with the appurtenances, the same Roger Wilcox, afterwards, at Brosley aforesaid, made his last will arid testament, and therein devised his term, estate, arid interest of and in the aforesaid tenements, with the appurtenances, to Elizabeth his wife, and constituted the same Elizabeth executrix of his last will and testament aforesaid, arid there died, by reason whereof, after the death of the same Roger Wilcox, the aforesaid Elizabeth entered into the tenements aforesaid...
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