Shaw v Taylor
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1682 |
| Date | 01 January 1682 |
| Court | Court of Common Pleas |
English Reports Citation: 123 E.R. 1059
THE COMMON PLEAS
mich. 14 jac. eot. 3297. shaw versus taylor. Wigorn. Hob. 176. Replevin. Where the lord shall lose his heriot when the tenant hath not any beasts. Bridget Shaw brought a replevin against Georg Taylor, for the taking of an horse at Northfield, in a place called Little Falling; the defendant makes cognizance as bayliff to Sir Thomas Gervas, because that one Richard Shaw was seised of an house and divers lands, (of which the place where, &c. was parcell) in his demesn as of fee, and them held of the said Sir Thomas Gervas, as of his maniior of Northfield, by fealty and rent of twenty pounds, and reiidring and paying after the death of every tenant (dying thereof seised) one heriot, and alledged seisin, and that he died seised : and that for one heriot so due, and not delivered, he distrained in the place in which, &o. aa within the fee. The plaintiff plead in bar to the avowry, and takes the whole tenure by protestation, and for plea saies, that the said Bichard Shaw at the time of his death had no beasts, whereof a heriot might or could be rendred, upon which the defendant detnurrs. And upon the matter it seemed to the Court, that if he had not any beaats, then the lord must lose ifc: for it is a casuall thing if he have it, unlesse the custom or tenure be to have the best beast, or such a sumra : and if he had conveyed it away, 1060 NORRIS V. STAPES BUTTON. 5. and ao prevented him by any fraud, then the Statute of 13 Eliz...
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