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Wilkinson against Rocklas

Nominate Series English Reports Cited authorities 4 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1796
Date01 January 1796
CourtHigh Court

English Reports Citation: 86 E.R. 756

IN THE COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.

Wilkinson against Rocklas

case 58. wilkinson against rooklas. The goods of an outlaw may be recovered by information in the nature of trover.- Hardres, 22. 10 Mod. 188, 357, 380, 409. 11 Mod. 173. 12 Mod. 175, 438. Fitzg. 265. Comyns, 51. 1 Peer. Wms. 445, 684, 690. 2 Peer. Wms. 269. 1 Ld. Ray. 305. Tidd's Practice, 67, 68. Hale. It is the course of the Exchequer in case of an outlawry to prefer an (a) It is said, S. C. 2 Keb. 876, that the prohibition was denied, because it appeared to be not a free chapel, but a private chapel, and the minister a stipendiary curate set up by the impropriator. See Degge Pars. c. 12. Lindw. 233. Gibson, 212. See also a constitution by Archbishop Stratford, 1 Burn's ec. Law, 273, and the Preface to Tanner's Notit. Monast. page 28. Co. Lit. 344. Yelv. 61. 1 Sid. 432. Ld. Ray. 1205. 3 Wils. 355, and 2d vol. Burn's ec. Law, title " Donative." And in the case of Powell v. Melburn, 3 Wils. 361, it is said by De Grey, Chief Justice, that no such licence for preaching is necessary to be had by the minister of a donative with cure of souls, but that it is only necessary in the case of lecturers. See also Campbel v. Aldrich, 2 Wils. 79. Rex v. Bishop of Chester, 1 Term Rep. 404. 1MOD.91. HILARY TERM, 23 AND 24 CAR. 2. IN B. R. 757 information, in the nature of trover and conversion, against him that hath the goods of the party outlawed.

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