Tonkin v Croker
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1790 |
| Date | 01 January 1790 |
| Court | High Court |
English Reports Citation: 92 E.R. 74
COURTS OF KING'S BENCH AND COMMON PLEAS
[860] tonkin vers. ceokek. Intr. Mich. 12 Will. 3, B. E. Rot. 269. S. C. Lutw. 1215. Holt 452. Salk. 604. Pleadings and verdict Lutw. 1211. Post, vol. 3, p. 224. A court baron must be held from three weeks to three weeks, sed vide Co, Cop. 50. A court which is stated 2LD. RAYM.SB1. EASTER TERM, 2 ANN.E BEGINS 75 to be held otherwise shall be intended to be a customary court, tho' it is called in the statement "the court of the manor." Such court may by custom be held before the steward. The lord may avow distraining for suit to it without shewing a prescription for the court or a custom to distrain for the suit. A manor cannot exist without two free suitors. Error C. B. Tonkin brought replevin of a brass pan taken by the defendant in a place called The Kitchen, apud parochiam St. Agnes in Cornwal. The defendants as bailiffs of William Mohun Esquire make conusance of the taking, &c. for that that they say, that before the time, &c. one Hugh Tonkin Esquire was seised of one messuage, &c. whereof the place, &c. is, and the same time when &c. was parcel, in fee; and that he held the said messuage, &c. of the said William Mohun ut de manerio suo de M. by fealty, rent of 4s. per annum, necnon per servitium faciendi sectam ad curiam manerii praedieti bis per annum apud manerium illud tenendam, &c. whereof the said William Mohun was seised, &c. and for 4s. for the rent aforesaid for one year ended Michaelmas 5 Will. & Mar. arrear, and for that that the suit of court at the court of the said William Mohun manerii sui praedieti within the manor aforesaid the twenty-fourth of October, 5 Will. & Mar. for the manor aforesaid held fuit insecta, they make conusance, of the taking, &c. The plaintiff in bar of the conusance protestando that William Mohun was not seised of the said services, &c. for plea saith, that the said Hugh Tonkin held the said messuage &c. of the said William Mohun ut de manerio sui de M. praedicto per redditum quatuar solidorum, &c. absque hoc that he held by the rent of 4s. necnon per servitium faciendi sectam ad curiam manerii praedicti bis per annum apud manerium praedictum, prout it is alledged in the conusance, &c. And to this bar the defendants replied, and maintained their conusance, and offered an issue. And the plaintiff joined issue, and at the trial at Nisi Prius the jury find a special verdict that long time before the time, &c. the manor of M. within mentioned was an ancient manor, whereof the said William Mohun is, and at the time in which, &c. was seised in fee; and that time whereof, &c. there was an ancient court held before the steward of the manor bis per annum, et babuit separates liberos tenentes, Anglice freehold tenants, et separates sectatores, Anglice suitors, who did suit at the court aforesaid of the said manor; and that the said Hugh Tonkin and all his ancestors were freehold tenants of the said manor, and held the said messuage, &c. of the said William Mohun and his predecessors, lords of the said manor of M. by fealty, and 4s. rent every year at the Feast of St. Michael the Archangel solvendum, necnon per servitium faciendi sectam ad curiam manerii praedicti bia per annum apud manerium illud tenendam prout in advocatione infra-scripta infcerius mentionatur: and the jurors farther find, that within [861] the said manor of M. there is, and for twenty years last past there hath been, unus solummodo liber tenens, viz. the said Hugh Tonkin ; but that infrascripto tempore quo, &c. necnon time whereof, &c. there were and now are several customary tenants, &c. of the said manor: then they find, that for rent and services in arrear the defendants as...
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Legal and Reputed
...was considered sufficient. 30 [1982] 1 Ch 14, [1981] 2 All ER 620. See also Scriven op cit 3 and cases there cited; Tonkin v Croker (1703) 2 Ld Raym 860, 92 ER 74 for two tenants. 31 See Chetwode v Crew (1746) Willes 614, 125 ER 1348; Scriven op cit 3; Bradshaw v Lawson (1791) 4 Term Rep 44......
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Table of Cases
...[1993] 2 All ER 350 20.6 Tonbridge School Chapel (No 2), Re [1993] Fam 281, [1993] 3 WLR 207, [1993] 2 All ER 338 20.6 Tonkin v Croker (1703) 2 Ld Raym 860, 92 ER 74 8.4, 13.2 Town Investments Ltd v Department of the Environment [1978] AC 359, [1977] 2 WLR 450, [1977] 1 All ER 813, HL 7.9 T......
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Courts
...in a nearby market town. However, it still seems to be the law that if a court is held it must be within the manor. 8 Tonkin v Croker (1703) 2 Ld Raym 860, 92 ER 74. 9 Kingshill: Watkins op cit 2.14. 10 Ibid 2.11. 11 Coke, Sir Edward, Complete Copyholder (E Flesher et al, 1630) s 31. 12 Wat......