Richards against Williams
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1611 |
| Date | 01 January 1611 |
| Court | Exchequer |
English Reports Citation: 145 E.R. 263
IN THE COURT OF EXCHEQUER
[18] richards against williamh. In an action of trover and conversion, betwixt Ivichards and Williams for two loads of barley, the defendant saith, that the dean, archdeacon, president, and chapter of Landaffe was seised of a personage in fee, and by the said name had leased unto the defendant, to which the plantiff replied, that the archdeacon and chapter of Landaffe were seised in fee, and leased unto him without that, that there was any corporation aa dean, archdeacon, president, and chapter, whereupon the defendant demurred: George Crook argued, that the replication is good, and he made two points. First, that here is a good inducement to a traverse. Secondly, that there ought to be a traverse in the case : to the first he said, that if the defendant intitle himself by one name, and the plantiff by another name, here is a good inducement for a traverse, and he cited Croft and ttmvek case in Plowden, where the cooks were incorporated : by E. 4, by the name of master and governors; and they made a lease of lands by the name of master and wardens, and this was holden a void lease, and he vouched to this purpose also 21 E. 4, fol. 56, where a corporation was of dean and viocars, and a lease 264 AN INFORMATION AGAINST PAGE LANE, 19. was made by them by the name of dean and priests, and 30 Eliz. in the Kings Bench, and (I'iruigate Hal's case, and Eaten Colledge case, in 3 & 4 Ma. Dyer, 150, 2, that in thia case ;the plautifi' ought to take a traverse, and he cited 44 Assise, pi. 9, & 44 E. 3, fo. 2(5, where one pleaded, that the prior of the hospital of St., &c., and the other said that the prior of the house, &c., and an averment was made, that it was known by the one tiame and by the other, or otherwise the plea had not been good without a traverse : also he cited the case of fiaunce, and The Dean and Chapter of Chichester'n casa iri the King's Bench, where liauiice took such an averment, or otherwise he ought to haveitaken a traverse, and he cited The Lord Barley's case in Plowden, and 5 H. 7, and he said, that the plaiitiff by his replication alledged other matter in fact then, the defendant did, and therefore there ought to be a traverse 12 E. 4, also if a man brings an action by the name of garflian, and the other saith he is prior, this is not good without a traverse that he is not gardian, 4 E. 4, fo. G. 32 II. G, fo. 4. 38 E. 3, fo. 34, an accompt supposing...
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