The Lady Russell's Case
| 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. 15
IN THE KING'S BENCH.
case 2. the lady russell's case. Forcible entry. In an indictment, if a collateral fact be expressly alledged, and the jury find it to have happened in a different county, it is void. - Post. 55. Co. Litt. 257. b. 8 Co. 56, 57. 1 Hawk. P. C. 28-2. 2 Hawk. P. C. 314. A grant to a woman to have the custody of a castle is good. Callis, 201. 2 lust. 382. 4 lust. 311. Cro. Car. 556. Stra. 1114. 3 Bac. Abr. 725. 736. 2 Term Rep. 395. 401. Averment in pleading. 1 Co. 42. b. A person cannot be guilty of forcible entry into his own house. Cro. Eliz. 201. Moor, 786. 2 Keb. 495. If a person who has an office of the custody of a house under the Crown, and denies entrance to him who has the inheritance, it is a forfeiture of the office. Co. Lit. 233. b. Cro. Car. 60. Moor, 787. 3 Bac. Abr. 743. Lady Russell prosecuted an indictment against divers servants of the Lord Admiral, upon the statute of 8 Hen. 6. c. 9. for that the late Queen by her letters patents under the Great Seal reciting, whereas she had by her letters patents, in the twenty-third year of her reign, granted to one Richard Beak the office of the custody of the castle of Dunnington, with all profits thereto appertaining, and an annual fee for the exercising thereof, habend,um for his life, and had granted to her the reversion of that office for her life post mortem, surrender, or forfeiture, &e. ; that Richard Beak died such a day at H. in the county of Buckingham ; and that she afterwards exercised that office ; and the defendant with force expelled her, and disseised her of that office, &c. Divers exceptions were taken to this indictment, [18] First, because the jury find the death of Beak in another county, which they ought not to do ; for they ought not to find things done in another county ; but it is void therein ; and then the death of Beak is not found, and so she hath not any title : and although they might have found his death without expressing any place, this finding, as it is now, is void. - And to this opinion the justices seemed to incline; but they gave not any resolution therein. Secondly, for that a woman cannot have this office of the custody of a castle, because it appertains to the war, and is to be executed by men only. - Sed non allecatur : because it is granted to her to be exercised per se ml deputatum suum ; and it doth not appear to be a castle of war, but may be a...
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