Trallops Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1611 |
| Date | 01 January 1611 |
| Court | Exchequer |
English Reports Citation: 145 E.R. 291
IN THE COURT OF EXCHEQUER
trallops case. A acire facias issued against Trallop the father, and Trallop the son to shew cause, wherefore they did not pay to the King 10001. for the mean profits of certain lands, halden by them from His Majesty ; for which land judgement was given for hhn in this court, and the mean rates was found by inquisition, which returned, that the said mean profits came to 10001. upon which inquisition this scire facias issued, whereupon the sheriff returned Trallop the father dead ; and Trallop the son now appeared, and pleaded that he took profits, but as a servant to his father, and by his command-iKent, and rendred an accompt to his father, for the said profits, and also the judgement for the said land was given against his father and him, for default of sufficient pleading, and not for the truth of the fact; and he shewed the statute of the 33 H. 8, cap. 39, which as he pretended aided him for his equitie, whereupon the King demurred. Hitchcock for Trallop, seemed that the statute did aid him by equity, and he moved two things, the one, that if here be such ,a debt, that the statutes intends to aid it; the other, if the defendant-- hath shewed sufficient matter of eqmtie within the intent of the act, and he though'., that it is such a debt as the statute will aid, for although that here be an uncertainty of the time of the judgement given for the King, that being reduced to a certainty by the inquisition after, it shall be within the intent of the statute, for id certum est quod certum reddi potest, and the words òof the statute are, if any judgement be given for any debt or duty, &c. and here although that there was no certainty, unto how much these mean rates extended, at the time of the judgement given, yet it is clear, that it was a duty at the time of the judgement, and then it is within the statute: also he said, that the words in the...
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