Serjeant Buckby's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1728 |
| Date | 01 January 1728 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 12
IN THE COURT OF KING'S BENCH
23. serjeant buckby's case. In C. B. Memorandum : That Mr. Osborne by his will devised his lands in Norrell, alias Northill, in Com. Bedford, to Elizabeth Osborne in fee, she being then an infant, and married to one Hutchenson, a broker without Temple-Bar; and Serjeant Buckby fearing that she might levy a fine during her infancy; in Michaelmas term 1680, he entered a caveat in the King's Silver-Office, and the officer was every term paid for the continuance of it; Serjeant Buckby being heir at law, and Elizabeth having then no children; yet in Trinity term 168f, she levied a fine; and Serjeant Buckby moved the Court by Mr. Serjeant Walcot, and Serjeant Bigland, to vacate the fine ; and a rule was granted to bring in the chirographer, the clerk of the King's Silver, the commissioners, and the man and his wife ; it appeared in the prtecipe and dedimus, that the fine was only Norrell, and a blank, which was presumed was a rasure for the alias Northill ; the fine was taken before one Sir William Gardiner and John Doe, in the term-time in London ; and there was an attachment granted against them ; and the Court in-[24]-spected the wife, and she was not seventeen years of age ; and there were likewise witnesses produced to prove her age; and upon the motion to have the fine vacated, these precedents were produced; Hill. 3 Jac. Rot. 65. Inter Thomam Cheek Quer & Georgium Eeynell & Etheldredam Uxor' ejus Doforc. de Tenement, in Com. Northamp. and it was wrote in the margent of the King's Silver, that Intratio-hujus Finis vacua est per regulam Curiae, quia probatum fuit per Sacrameutum diversarum personarum in Curia hie examinat. quod Etheldred. ux. Geo. Eeynell Mil. in fine nominat' est infra setat. vigint. & unius annor. & quod non perveniet ad plenam astatem suam, usq. vicesimum quintum diem Aug. An Dora. 1606. Hill. 4 Jac. Rot. 70. Inter Quer. & Robert' Pierpont & Gertrude Ux. ejus Deforc. de terris in Com. Derby, &c. Hie finis vacatur per regulam Curioe, quia Gertrude Ux. Rob. Pierpont in Fine nominat. est infra setat. vigint. & unius Annor. ideo per regulam Curia} vacatur; Prima Proelamatio fuit facta 12 die Febr. Proclamat. cesser. per Mandatum & Ordinem Curiaa, ut patet in Rot. Gurise. Pasch. 9 Jac. Rot. 99. Inter Will. Shepherd Quer. & Will. Wilkinson & Ann. ux. ejus. deforc. de terris in Com. Kent. Finis vacat. per Curiam quia constabat Curias quod Anna...
To continue reading
Request your trial
-
Duncomb against Walter
...could not be a bankrupt on an illegal arrest, even if he had laid in prison instead of giving bail. S. C. 3 Lev. 58. But it appears by S. C. Skin. 23, 88, that to constitute this species of bankruptcy, the arrest must be legal; and this opinion seems confirmed by this case. Ex parts Hyllian......
-
Duncomb and Sir John Walter
...to the arrest when he found bail, which was the 6th day of November, was the question. Maynard pro quer. 12 TERM. MICH. 33 CAR. 2. C. B. SKINNER, 23. First, to what time the bankruptcy shall have relation ; and he held to the time of the arrest. For the second, the arrest was not void, thou......
-
CHAPTER 27
...Eating dinner alone as a couple was considered equivalent to consent by 11 percent of responders; wearing clothes that show a lot of skin, 23 percent; getting into a car together, 25 percent; drinking alone as a couple, 27 percent; and an alarming 35 percent of men considered getting drunk ......
-
American exceptionalism, the war on terror, and the rule of law in the Islamic world.
...connected to the 9/11 attacks. Only one man has been convicted through this extralegal system: David Hicks, an Australian kangaroo skinner. (23) He was not even charged with actively engaging in terrorism. (24) To the contrary, his defense attorney, Major Michael Mori, described Mr. Hicks a......
-
The Jungian Quest for the Aborigine Within: A Close Reading of David Tacey's Edge of the Sacred: Transformation in Australia(1).
...1967, p. 188, see also pp. 23-4. (45) F Fanon, The Wretched of the Earth, Middlesex, Penguin Books, 1971, p. 176. See also Fanon, Black Skin, p. 23. (46) Tacey, Edge, p. (47)Ibid., p. 132. (48) Ibid., p. 136. (49) Ricketts in P Brady, Whitefella Dreaming: The Authorised Biography of William......
-
Local Government Supplemental (No.5) Act 1868
...Gulley. Lavinia Sarah Gulley. George Rogers. William Bevan. 22 House, Shop, Workshop, and Yard. George Edwards Charles Skinner Charles Skinner. 23 Occupation Yard George Edwards James Paddon. - Charles Skinner. Henry Walters. 24 " Black Horse" Inn, Stables, Yard, and Coach-house. James Padd......