Spicer and Spice's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1653 |
| Date | 01 January 1653 |
| Court | Court of the King's Bench |
English Reports Citation: 78 E.R. 164
IN THE KING'S BENCH.
pasch. 17 jacobi. in the king's bench. 398. spicer and spice's case. Upon a special verdict the case was this : a man seised of gavilkind land, devised the same to his wife for life, paying out of it 31. per annum to his eldest son, and also devised the land to his second sou paying 31. per annum to his third son, and 20s. to such a one his daughter: and whether the second son had the land for his life or in fee, was the question. And it was adjudged that ho had a fee-simple in it by reason of the payment of the collateral sums of 31. and 20s. to his brother and sister: which charge to the brother might continue [281] after the death of the devisee; and if he should have but an estate for life, his charge should continue longer than his own estate : and so it was adjudged. mich. 17 jacobi. in the king's bench. 399. In a habeas corpora, which was to remove two men who were imprisoned in Norwich, the case was this, that within Norwich there was a custom that two men of the said place should be chosen yearly to make a feast for the bailiffs ; and upon refusal for to do it, thafc they should be fined and imprisoned which two men brought to the ban1 by the habeas corpora were imprisoned for the same cause; it was urged and much stood upon, that the custom was no good custom for the causes and reasons which are delivered in Bagg's case in C. 11. part. But yet at the last the Court did remand them, and held that the custom might be good. mich. 17 jacobi. in the king's bench. 400. In an evidence, in an ejectione firme for land in the countie of Hartford the case was this, a man was married unto a...
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