Wright v Paul Pindar
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1681 |
| Date | 01 January 1681 |
| Court | Court of the King's Bench |
English Reports Citation: 82 E.R. 892
King's Bench Division
wkight versus paul pindar. paso. 22 car. eot. 440. Trover. In a trover and conversion brought by an administrator; upon not guilty pleaded, the defendant upon the evidence confesses, that he did convert them to his own use; but further saith, that the intestate was indebted to the King, and that 18 May, 14 Car. it was found by inquisition, that he died possessed of the goods in question; which being returned, a venditioni exponas was awarded to the sheriff, who by virtue thereof sold them to the defendant. And to prove this the defendant shewed the warrant of the Treasurer, and the office-book in the Exchequer, and the entry of the inquisition, and the venditioni exponas in the clerk's book; to which the plaintiff saith, that the matter alledged is not sufficient to prove the defendant not guilty; and that there was no such writ of venditioni exponas. And the defendant saith, that the matter is sufficient, and that there was such a writ. And it was resolved, that he that demurs upon the evidence ought to confess the whole matter of fact to be true, and not refer that to the judgment of the Court. And if the matter of fact be uncertainly alledged, or that it be doubtfull whether it be true or no, because offered to be proved only by presumptions and probabilities...
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