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Smith & Ux. v Angel

Nominate Series Cited authorities 4 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1795
Date01 January 1795
CourtCourt of the King's Bench

English Reports Citation: 91 E.R. 310

COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.

Smith & Ux
and
Angel

Trin. 1 Ann. B. R. Intr. Pasch. 13 Will. 3, Rot. 325. 2 Ld. Raym. 783, S. C.

310 heir 1 salkeld, 355. heir. 1. smith & Ux. versus angel. [Trin. 1 Ann. B. E. Intr. Pasch. 13 Will. 3, Eofc. 325. 2 Ld. Eaym. 783, S. C.] Far. 40, S. C. Heir cannot plead a term for years raised by his ancestor in delay of execution, but should confess assets. 2 Mod. 50. 3 Salk. 157, 178, &c. Plowd. 440. Debt against an heir upon the obligation of his ancestor; the defendant, not denying the action or obligation, pleads, that his ancestor was seised in fee of three fourth parts of such and such tenements, and that in 1697 he demised the same for five hundred years to A., who entered, and that the said reversion descended, & riens ultra; and that at the time of the action brought he had no tenements in fee-aimple by discent prceterquam the said reversion; and that afterwards there was a bill in Chancery exhibited against him by the ancestor's wife for [355] dower, and a decree obtained against him for the third part of those three fourths for the wife's life. Et hoc, &c. untie petit judicium si ipse de debito pradict. prceterquam in the reversion after the lease, and the estate in dower when they respectively happen, virtute scripti obligatori prcedicf onerari debeat, &c. To this there was an idle replication, a rejoinder, and a demurrer. It was not questioned but judgment ought to be given for the plaintiff; the doubt was, whether general or special ? Et per Cur. A general judgment ought to be given: and, 1st, Holb, C.J. said, it had been a doubt whether the heir could plead a term for years in delay of present execution; and though there were some precedents to that purpose, yet he was of opinion the...

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