Throckmerton v Tracy, &
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1816 |
| Date | 01 January 1816 |
| Court | High Court |
English Reports Citation: 75 E.R. 222
IN THE COMMON BENCH
See Hanbury v. Jenkins [1901], 2 Ch. 413.
[145] A Report of a Case argued in the Common Bench, before the Justices of the same Bench, i" Michaelmas Term, in the second and third Years of the Reign of King Philip and Queen Mary, upon a Writ of second Deliverance brought by john throckmerton, Esquire, one of the Masters of the Court of Requests, Plaintiff, against richard tracy, Esquire, and wilt jam nicholson, Defendants. And it was debated in several Terms afterwards, as is hereafter shewn. And the Record was as follows : [See Hanbury v. Jenkins [1901], 2 Ch. 413.] Mich. Term. 2 & 3 P. & M. Rot 436. Gloucester. Declaration. Same precedent East. Entr. 572. a. pi. 6.-Richard Tracy, Esq. and William Nicholson, were attached by writ of the lady the Queen of second delivarance, to answer John Throckmerton of a plea, wherefore they took the cattle of the said John, and them unjustly detained against gages and pledges, &c. And whereupon the same John, by William Underbill his attorney, complains that the aforesaid Richard and William, the 26th clay of March, in the 7th year of the reign of Lord Edward late King of England, the sixth from the Conquest, at Beckford, in a certain place called Didcote, took the cattle, viz. 400 sheep of the said John, and them unjustly detained against gages and pledges, until, &c. wherefore he says that he is damnified, and has damage to the value of £40. And thereupon he produces the suit, &c. Avowry.-And the aforesaid Richard and William, by Richard Lone their attorney, come and defend the force and injury when, &c. And the same Richard in his own proper right well avows, and the same William, as bailiff of the same Richard, well acknowledges the taking of the cattle aforesaid, in the aforesaid place where, &c. and justly, &c. because they say that the same place, where the taking of the cattle aforesaid is supposed to be done contains, and at the time aforesaid when the taking of the said cattle is supposed to be done, did contain in itself 100 acres of land, with the appurtenances, in Beckford aforesaid, whereof long before the time aforesaid when, &c. and at the same time when, &e. the same Richard was seized in his demesne as of fee. And because the cattle aforesaid at the same time when, &c. were in the aforesaid place where, &c. eating up the grass then growing there, and doing damage there, the same Richard in his own proper right well avows, and the aforesaid William as bailiff of the same Richard, well acknowledges the taking of the cattle aforesaid, in the place aforesaid, where, &c. and justly, &c. for the damage so done there, &c. Bar.-And the aforesaid John says, that neither the aforesaid Richard for the reason before alledged, ought to avow, nor the aforesaid William for the same reason, as bailiff of the same Richard, ought to acknowledge as just the taking of the cattle aforesaid in the aforesaid place where, &c. because he says, that long before the -aforesaid Richard had any thing in the aforesaid 100 acres of land, one Henry, late 1PLOWDEN.146, THE PLEADINGS : THROCKMERTON V. TRACY, &C. 223 Abbot of the late Monastery of the blessed Virgin Mary, of Tewksbury, in the aforesaid county of Gloucester, was seized of one messuage and of the 100 acres of land, with the appurtenances, amongst other things in Beckford aforesaid, in his demesne as of fee, in right of his late monastery aforesaid. And being so seized thereof, the same late abbot, by the unanimous assent and consent of the same late monastery and convent, before the aforesaid time of the taking the cattle aforesaid, by his deed (sealed with the common seal of the said late abbot and convent) demised the tenements aforesaid, with the appurtenances, amongst other things, to one John George, Dorothy his wife, and Joan the daughter of the same John and Dorothy, to have to them for term of their lives, and of the longest liver of them. By virtue of which demise the same John George, Dorothy, and Joan were thereof seized in their demesne as of freehold, the reversion of the same belonging to the aforesaid late abbot and his successors; and the said John George, Dorothy, and Joan being so seized of the tenements aforesaid, with the appurtenances, amongst other things, and the same late abbot of the reversion thereof, as of fee and right in form aforesaid, the same late abbot, by the name of Henry, Abbot of the Monastery of the blessed Virgin Mary, of Tewksbury, and the convent of the same place, by the unanimous assent and consent of the same late monastery and the then convent, afterwards and before the aforesaid time when, &c. viz. the 20th day of September, in the 17th year of the reign of Lord Henry the Eighth, late King of England, at Tewksbury aforesaid, by his certain writing, indented, (one part whereof sealed with the common seal of the said late abbot and convent, the same John Throckmerton brings here into Court, the date whereof is the same day and year,) delivered, granted, and to farm-let to one John Smith, citizen and clothier, of London, and Margaret his wife, the tenements aforesaid, with the appurtenances, amongst other things, by the name of the reversion of all and singular the messuages, lands, tenements, meadows, and pastures of the said abbot and convent, in Didcote, in the county of Gloucester, with all and singular their appurtenances, together with the chapel there being, (all which John George, Dorothy hia wife, and Joan their daughter, then held for term of their lives, and of the longest liver of them) to have and to hold the aforesaid messuages, lands, tenements, meadows, and pastures, together with the chapel, with their appurtenances, to the same John Smith and Margaret, and their assigns, from the Feast of St Michael the Archangel next coming, after the death, surrender, or forfeiture of the aforesaid John George, Dorothy his wife, and Joan their daughter, or whensoever by any other means the reversion aforesaid should fall, until the end of the term of 21 years from thence next following, and fully to be compleat. By force whereof the same John Smith and Margaret were possessed of such interest and term aforesaid of and in the tenements aforesaid, with the appurtenances, and the said John Smith and Margaret being so thereof possessed, the aforesaid Dorothy and John died, and the aforesaid John George survived them, and held himself in the tenements aforesaid, and waa thereof sole seized in his demesne as of freehold by right of survivorship. And after-[146]-wards the aforesaid John Smith and Margaret, being so possessed of the interest and term aforesaid of and in the tenements aforesaid, with the appurtenances aforesaid, amongst other things, the same John Smith, before the aforesaid time when, &c. viz. the 10th day of October, in the 29th year of the reign of the aforesaid Lord Henry the Eighth, late King of England, at Tewksbury aforesaid, granted, amongst other things, his whole estate, term, and interest, which he jthen had to come of and iu the tenements aforesaid, with the appurtenances to one William Cartwright the younger, and to Henry Cartwright. By force whereof the same William and Henry were of the said interest and term of and in the tenements aforesaid, with the appurtenances, possessed, and being so thereof possessed, and the said John George being seized of the tenements aforesaid with the appurtenances, amongst other things for term of his life, the reversion in fee-simple thereof belonging to the aforesaid late abbot and his successors, the same late abbot and the then convent of the same place, by their unanimous assent and consent, afterwards, and before the aforesaid time when, &e. viz. the 9th day of January, in the 31st year of the reign of the aforesaid Lord Henry the Eighth, late King of England, by their writing sealed with their common seal, and inrolled of record in the Court of Chancery of the same late King Henry the Eighth, gave, granted, and freely surrendered the aforesaid reversion of the tenements 224 THE PLEADINGS : THEOCKMERTON V. TRACY, &C. 1PLOWDEN. 148. aforesaid, with the appurtenances, amongst other things to the aforesaid late King Henry the Eighth, to have and to hold to the same late King Henry the Eighth, his heirs and successors for ever. By reason of which said gift, grant, and surrender, the same late King Henry the Eighth was of the aforesaid reversion in fee-simple of the tenements aforesaid, with the appurtenances, amongst other things, seized as of fee and right. And afterwards, and before the aforesaid time when, &c. viz. the 6th day of June, in the 34th year of the reign of the aforesaid Lord Henry the Eighth, late King of England, the aforesaid John George, at Tewksbury aforesaid, in the county aforesaid died; after whose death, viz. on the morrow of St. Michael the Archangel then next following, that is, the last day of September, in the abovesaid 34th year of the reign of the said Lord Henry the Eighth, the same William Cartwright and Henry, into the tenements aforesaid, with the appurtenances, entered, and were thereof possessed for term of the aforesaid 21 years, to the aforesaid John and Margaret, in form aforesaid granted, the reversion thereof in form aforesaid, belonging to the aforesaid late King Henry the Eighth and his heirs. And afterwards the same late King Henry the Eighth, being seized in form aforesaid, of the reversion of the tenements aforesaid, with the appurtenances, by his letters-patent, the date whereof is at Westminster, the 14th day of October, in the 36th year of his reign, gave and granted the aforesaid reversion of the tenements aforesaid, with the appurtenances, to the aforesaid Richard Tracy, to have to him and his heirs for ever. By reason of which said letters-patent the same Richard was seized in his demesne as of fee of the aforesaid reversion of the tenements aforesaid, with the appurtenances...
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