Warrens Case

JurisdictionEngland & Wales
Judgment Date01 January 1650
Date01 January 1650
CourtCourt of the King's Bench

English Reports Citation: 74 E.R. 877

King's Bench Division

Warrens Case

OWEN, 90. COS ENS CASE 877 that now the plaintiff could not iinpleacl I. N. in posterum, for which judgment was eared for the plaintiff. 29 Euz. COSENS CASE. Cosen the father had issue three sons, John, George, and Thomas. joint the eldest died in the life-time of his father, his wife enseint with a daughter, the father makes a devise in these words : That if it shall please God to take to His mercy my son Richard, before he shall have issue of his body, so that my lands shall descend to my son George before he shall be of the age of one and twenty years, then my overseers shall haue my land until" George come to the age of one and twenty years. [30] If Richard who is yet living had an estate in taile by these words, was the question. And all the justices agreed that it was a plain implication to make an estate-taile in Richard the second son, 13 H. 7. 17. 29 ELIZ. IN C. B. WARRENS CASE, William Warren brought an action of debt for forty pounds, and in his declaration confessed satisfaction of twenty pounds, and hereupon a writ of error was brought in the Kings Bench, and the judgment reversed : for by his declaration he had abated his owne writ, and he ought to have judgment according to his writ, and not to his count. And error was brought upon the outlawry; for if the first record was reversed, the outlawry thereupon is reversed. 4 AND 5 PHIL. MAR. Benlowes Serjeant moved this case, a man seised of lands and tenements in London, devises them by these words. I will and bequeath unto my wife Alice my livelyhood in London for terrne of her life. By this will the lands in London passe to the wife by this word, livelyhood. Nota, for Brook Justice said, that it was in ancient time used in divers places of this realm, and bad been taken for an inheritance : to which Dyer agreed. CASE OF SLANDER. Brook said, that if a man speak many slanderous words of another, he who is slandred may have an action on the case for any one of these words, and may omit the others : but if a man write many slanderous things of another in a letter to a friend, an action upon the case will not lye, for it shall not be intended that it is clone to the intent to have it published. MICH. 1 AND 2 ELIZ. N. Arch-bishop of York, and I. B. executors of the last will and testament of Thomas Duke of Norfolk, did bring a writ of ravishment de guard, and then he was deprived by his own consent : the question is, if the...

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