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The King v Sir Francis Clarke and the Bishop of Rochester

Maclean & Robinson's Appeal Cases English Reports Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1826
Date01 January 1826
CourtHigh Court

English Reports Citation: 89 E.R. 127

THE COURTS OF KING'S BENCH AND COMMON PLEAS

The King
and
Sir Francis Clarke and the Bishop of Rochester

[178] case 190. the king v. sir francis clarke and the BISHOP OF EOCHESTER. S. C. ante, p. 172. A grant by the King of the advowson of the church of L. " lately belonging to the Archbishop of Canterbury," is good, although it never in fact belonged to the archbishop. The case was no more but that the King grants the advowson of the church of Laborne Archispiscopo Cant' nuper spedanf (a); whereas the archbishop never had it. The question was, whether or no this church, being particularly named, though the description was false, would not pass ? And it was argued by Maynard that it would (a) The opinions of the Judges are erroneously reported in 2 Lev. 104. (} The grant was made " adeopleneò as the said archbishop bad it, or as it was in our hands, by any ways or means howsoever; " words which strengthen the case of the grantee, and which were particularly adverted to by the Judges. See 2 Mod. 1, and the other reports of S. C. ante, p. 172. 128 DE TERM. S. MICH. 1674 1PBBBBUN, 179. not; for it it possible there may be more advowsons of the church of Laborne than one; and this description, which should ascertain it, being false, the grant is void. Fitz. Grant, 58. 21 Ed. 3, 7, and adeo plene (1), &c. as the abbot had it, will not help it; for these words pass nothing that was not passed before, but go to the manner of having it. 8 H. 4, 2. And besides this is a falsity relating to the title, which makes it the worse. Turner pro def argued, that the thing being particularly named, a falsity in description shall not avoid the grant; as Bac. Eleni. Prcesentia (2) nominis tollit errorem demanstrationis. 1 Leon. 120. 29 Ed. 3, 7, 8. 1 And. 148. Plow. 192. 2 Co. 34. 10 Co. 113. 10 H. 4, 2. Cro. Car. 548. Dy. 87. Hob. Needler's case. Bro. Annuity, 10. 2 Cro. 48. Here the intent of the King is to pass it, and construction ought to be made as near the intent as may be ; 6 Co. 7 ; and Sir J...

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