Wase against Pretty ent
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1657 |
| Date | 01 January 1657 |
| Court | Court of Common Pleas |
English Reports Citation: 124 E.R. 3
COURT OF COMMON PLEAS
wase agaitist pretty ent. Hill. 16 Jac. Rot. 1716. Wase against Pretty ent. Hill. 16 lac. rot. 1716, in an ejectione firme, the case was, that one joynt eoppiholder did release to his companion, and the question was, whether this is good without surrender arid admittance, for it was objected, if this shall be good, then acoppihold shall pass without the assent of the lord, but it was resolved by Hobert, Warberton and Winch (Hutton being absent) that the release is good, and Warberton said, that by Littleton, if 3 joyntenants are, and one of them release to another, he to whom the release is made is in by the releasor, but if there are but two, then he is in by the lord or from the first conveyance ; Winch, if two joyntenants are in capite, and one release, to the other, the King shall not have a fine for this alienation ; but Hobert said, that the practice is otherwise at this day, but he said, that when one joynt tenant releases to another, he is in by the first conveyance, and in the case in question the release shall be good without surrender and admittance, for the first admittance ia of them and of every of them, and the ability to release was from the first...
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Craig Winch
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