Sir John Karne against Pryther
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 320
IN THE KING'S BENCH.
[375] michaelmas term. 13 Jac. 1. In the King's Bench. Sir Edward Coke, Knt., Chief Justice. Sir John Croke, Knt., Sir John Doderidge, Knt., Sir Robert Houghton, Knt., Justices. Sir Francis Bacon, Knt., Attorney General. Sir Henry Yelverton, Knt., Solicitor General. case 1. sib john karne against phyther. In debt on a bond, conditioned to convey copyhold land, the obligor is estopped from saying that the lands are not copyhold. 1 Roll. Abr. 872. Cro. Eliz. 362. Owen, 110. Poph. 114. Moor, 405. Brownl. 117. Yelv. 226. 2 Bulst. 19. Latch. 125. 1 Show. 59. 1 Term Rep. 86. 701. 2 Term Rep. 171. Issue upon non concessit of a thing that passed by deed shall be made when the grant is alledged; but upon "non feofavit," or "non dimisit," when livery is to be made, the trial shall be where the land lies. Error of a judgment in the Common Pleas in debt upon an obligation of three hundred pounds conditioned : whereas one Thomas Fryman held such copyhold land,-parcel of the manor of D. in the county of Glamorgan, whereof Sir John Karne is lord ; if he within six months after the death of the said Thomas Fryman granted that land by copy to the said plaintiff and two others, whom the plaintiff should name, for three lives, according to the custom of the manor, that then the obligation should be void. The defendant pleaded, that the plaintiff had not nominated to him for whose lives he should grant. The plaintiff replies, that the custom is, that the copyhold tenements there are grantable for three lives there successive; and that Thomaa Fryman died there such a day : and that within six months after, viz. such a day, Sir John Karne granted it at Bristow to J. S. and to two others for their lives, who are yet alive. The defendant pleaded non concessit; and found against him, and judgment for the plaintiff; and a writ of error was thereof brought. (a) See 12 Car. 2. CRO.JAC.378. MICHAELMAS TERM, 13 JAC. 1. IN B. K. 321 The first error assigned was, because the plaintiff in his replication shews not that the lands were copyhold, and then there is not any breach.-Sed non allocatur; for the condition...
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