Whitneys Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 80 E.R. 624
COURT OF WARDS, AND OTHER COURTS AT WESTMINSTER
[53] TmN. 13 jacobi eegis. whitneys case. It is found by office taken at Guildhall in London, 5 Septembris, 9 Jaoobi by mandams, that Thomas Whitney was seised in his demesne as of fee, of, and in five messuages and tenements, with the appurtenances, in the parish of Saint Katherines Creedchurch, next Algate, London ; and being so seised, 24 Januarii 1600, did make his last will and testament in writing, and thereby gave to his son, Thomas Whitney, and the heirs of his body, the said messuages and premisses, the remainder in tail to ^Nicholas Whitney his son, and so being seised, died thereof so seised, primo Maii, 1602 the said Thomas Whitney the son, and his heir, being then of the age of 15 years, and the tenure of the said lands is thereby found to be soccage in capite, Thomas Whitney the son and heir of the said Thomas Whitney is now of the full age of 21 years. Question. First, whether, if any livery ought to be sued, then of how much 1 whereupon the Lords, the Judges assistants, did resolve, that if the said lands were cleviaable by the custome of the City of London ; that then all passing by the demesne, no livery ought to be sued of any part, no more than if all had been conveyed by act executed within the statute of 32 H. 8, it ought to have been, which point, touching conveyance of land held in capite by soccage by act executed, had been sundry times resolved in this Court, upon consideration had of the saving in the said stat. 32 H. 8. of Liveries, touching land held by soccage in capite ; that no livery of any part ought to be sued in such case, whereupon it was prayed that the Court would be pleased to take into consideration, the custome of the said city touching that point, whether all lands in London holden by soccage in capite, be wholly devisable by custome or not, whereupon, 12 Februarii last, it was ordered that a bill should be exhibited, to the intent a certificate might be had of the said custome, to the intent a decree might be had according to the resolution...
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Churches Case
...and so taken in former times, and appearing by former records? whereupon and upon perusal of many records, and 624 WHITNEYS CASE LEY, 53. the red roll of the Exchequer, it appeared manifestly, that the said honor of Penerel was and always had been a principal honor annexed to the Crown, cal......