Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	action_n	case_n	plaintiff_n	2,023	5	10.6900	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86253	The law of conveyances, shewing the natures, kinds, and effects, of all manner of assurances, with the manner of their several executions and operations. Also directions to sue out and prosecute all manner of writs, of extent, elegit, and judiciall writs upon statutes, recognizances, judgments, &c. A warrant to summon a court of survey: and the articles to be given in charge, and inquired of in that court. With an exposition of divers obscure words and termes of law, used in ancient records, &c. And also plaine decimall tables, whereby may be found the true values of lands, leases, and estates, in possession, or reversion. With a concordance of years, &c. / By John Herne Gent.	Herne, John, fl. 1660.	1655 (1655)	Wing H1570; Thomason E1597_2	165,473	258

because that by a Release of Demands all the meanes and remedies and the causes of them which any hath to Lands Tenements Goods Chattels c. are extinct and by consequence the right and interest to the thing it self But note although that a Release of all Demands be of so great extent yet that extendeth not to such Writs by which nothing is demanded neither in fact nor in Law by doing onely to releive the Plaintiff by way of discharge and not by way of demand A Release of all Demands is not a bar in a Writ of Error to reverse an Outlawry By a release of all demands Rent-seck all Actions mixt Warranty which is a Covenant reall and all other Covenants reall and personall Estovers all manner of Commons Profits apprender Conditions before they be broken or performed or afterwards Annuities Recognizances Statutes Obligations and Contracts c. are released and discharged If a man by Dead covenant to make a house or to make an Estate and before the Covenant broken the Covenantee release to him all Actions Suits and Quarrels that is no discharge of the Covenant because that at the time of the Release nothing was due nor was it any debt or duty or any cause of Action in esse but in this case of all Covenants is a good discharge of the Covenant before it be broken A Release of all duties extendeth to all things due which is certaine and therefore dischargeth Judgments in personall Actions and Executions also If the Plaintiff after Judgments release all Demands the execution is discharged By a Release of all Quarrels all Causes of Actions are released although no Action be then depending Coke 10. pars fol. 51. 38 H. 8 Release 6 H. 7. 15. 19 H 6. 3. 4. 40 E. 3. 22. 5 Eliz. Dyer 217. By a Release of all Suites the execution is released If a man be in Execution If a man make a Lease for ten years the remainder for twenty years he in remainder releaseth all his right to the Lessee he shall have an estate for thirty years for one Chattell cannot drown in another and yeares cannot be consumed in years Cokes Littleton 260. b. Co. 6. pars fo 47. a Release of all Debts or Duties he is to be discharged of the Execution because the Debt or Duty is discharged If Judgment be given in an Action of Debt and the body of the Defendant is taken in execution by Capias ad satisfaciendum and afterwards the Plaintiff releaseth the Judgment by that the body shall be discharged of the execution In an Action of Debt brought by Hoe in the Kings Bench If a rent be behind for twenty years and the Lord do make an Acquittance for the last that is due all the rest are presumed to be paid And the Law will admit no proof against this presumption Cokes Littleton fol. 373. Phelix Marshall was baile for the Defendant and afterwards before any Judgment given the Plaintiff released to Pehlix all Actions Duties and Demands and after Judgment was given against the Defendant and upon a default of the Defendant Scire facias went out against Phelix Marshall who pleaded the said generall Release upon which plea the Plaintiff demurred And it was adjudged that this Release shall not bar the Plaintiff for the words of the baile are conditionall viz. Si contigeret predictum defendentem debit dam. ill prefat quer minime solvere aut se prisonae Mareshalss ea occasione non reddere c. So that it may not be by the said Baile any certaine duty untill Judgment be given for before that none may know to what summ the Debt and Damages will amount to he which is baile for the Defendant is not bound in any certaine summ at the first but his Recognizance being generall shall be reduced to a certainty by the Judgment and not before The effect of a speciall bail given in the Kings Bench. The Condition c. That where the above named H. C. and one R. H. in their proper persons have undertaken so the above bounden C F. by a Recognizance or Mainprise taken and knowledged before the Justices of the Kings Bench at Westminster that if it happen the said C. F. to be condemned in any Action at the suit of T. B. Esquire that then the said R. H. and H. D. did grant all Costs and Damages and Executions which should be judged to the said T. B. in that behalf should be levied to the use of the said T. B. of the Lands and Chattels of the said R. H. and H. C. if so it be that the said C. F. do not pay the same Damages himself to the said T. B. or restore and yeild himself againe by meanes thereof to the Prison of the Marshall of the Marshalsey if the said C. F. his Heires c. and every of them at all times hereafter from time to time do well and truly acquit discharge or save harmlesse the said H. C. and R. H. their Heires c. and every of them against the said T. B. his c of and for the breach and forfeiture of the said Recognizance and Mainprise and of and for the execution of the said Action whereupon the same Recognizance and Mainprise was so taken and knowledged and also of for and upon all other Bonds Obligations and Recognizances wherein the said H. C. standeth bound to any other person or persons for and in the behalf of the said C. F. that then c. Cases in Law of divers and sundry manners and matters I. A. by Indenture bearing date the third of May Livery and seisin void but if in this case Livery be made by the Lessor himself at the day that this Lease in futuro is to commence then the Lease is good but if by Attorney then void vide plus de hoc fol. 50. fol. 51. leaseth a Messuage to B. to have to the said B. from the Feast of the Annunciation of our Lady then next coming for the terme of his life and Livery is executed the tenth of March following the Livery in this case is void because every Livery ought to vest the Freehold in him to whome the Livery is made at the time of the Livery and this Grant did not commence untill the Annunciation following so that the livery could not bring a possession before the terme was to begin and where there is no Estate present whereunto the livery may be annexed nor whereunto it may unite in the mean time then such livery is void Plowden fol. 156. An estate of Frank-tenement at the Common Law may not commence in futuro A Frank-tenement be it in possession reversion or remainder may not be limited to commence at a day to come but ought to take effect forthwith in possession reversion or remainder as if a man make a lease for life to begin at Mich. next that is void so if a man make a lease for life to have from the date

made to A. for life the Remainder to B. for life the Remainder to C. in Fee in this case where it is said in the Register and in Fitz. R. B. that an Action of waste doth lye it is to be understood after the death or surrender of B. in the mean Remainder for during his life no action of waste doth lye But if a Lease for life be made the Remainder for years the remainder in fee an action doth lie presently during the term in Remainder for the mean terme for years is no impediment If waste be done Sparsim here and there in Woods the whole Woods shall be recovered or so much wherin the waste Sparsim is done And so in houses so many roomes shall be recovered wherein there is waste done But if waste be done Sparsim throughout all shall be recovered it hath been said that if the Hall be wasted the whole house shall be recovered because the whole house is denominated of the Hall but latter authority is to the contrary In many cases a Tenant for life or years may fell down timber to make reparations albeit he be not compellable thereunto and shall not be punished for the same in any action of waste As if a house be ruinous at the time of the Lease made if the Lessee suffer the house to fall down he is not punishable for he is not bound by the Law to repaire the house in that case and yet if he cut down Timber upon the ground so letten and repaire it he may well justifie it the reason is for that the Law doth favour the supportation and maintenance of houses of habitation for mankind If the Lessor by his Covenant undertake to repaire the houses yet the Lessee if the Lessor doth it not may with the timber growing upon the ground repaire it though he be not compellable thereunto A man hath Land wherein there is a Myne of Coals or the like and maketh a Lease of the Land without mentioning any Mynes for life or years the Lessee for such Mines as were open at the time of the Lease made may dig and take the profit thereof but he cannot dig any new Myne that was not open at the time of the Lease made for that should be adjudged waste And if there be open Mynes and the Owner make a Lease of the land with the Mines therein this shall extend to the open Mynes only and not to any hidden Myne but if there be not open Mynes and the Lease is made of the land together with all the Mynes therein there the Lessee may dig for Mynes and enjoy the benefit thereof otherwise these words should be void A. enfeoffeth B. to the use of A. himself for life Vses and remainders of Uses vide plus fo 18. Touching revocations see 6 pars fol. 32. 28. 63. 10. pars fo 78. 143. 1. pars fol. 111. 173. 175. 3. pars fol. 5. 82. 83. Plowden Com. fol. 102. 5. pars fol. 90. and then to the use of B. in taile and then to the use of C. in fee with Proviso and liberty to revoke the uses and to limit new Uses if A. survive B. and after A. makes a Feoffment and B. dieth whether A. may limit new Uses against his owne Feoffment is the question He cannot because a livery is of such force that it giveth and excludeth the Feoffor not only of all present Rights but of all future Rights and Titles Admit the Proviso had been onely that if A. survived B. that then he might revoke the first uses in this case it were very cleare that after the said Feoffment he might not revoke for then he should have the land againe against his owne Feoffment which were against reason In this case the Proviso goeth further viz. And that he may alter change c. admit then that he should have power to revoke the ancient uses and power to limit new Uses to a stranger how should this stranger have this new use why surely by force of the first First Feoffment made by A for out of that all the present and future uses do grow And the stranger should have this use in manner by the said A. against his last Feoffment and own livery which may not be So if a man covenant to do a collaterall act in this case before the breach thereof a release of all Actions Suits and Quarrels doth not availe for before the breach thereof there is not any duty or cause of Action but the breach ought to precede and so it was adjudged but in the same case a release of all Covenants shall be a bar to the Covenant But if the power of Revocation had been present as the usuall Provisoes of Revocations are then it may be extinct by a Release made by him which hath such power to any that hath estate of Frank-tenement in the land in possession remainder or reversion and therefore the estates which before were defeisible by the Proviso are by such release made absolute Albaines case 1. pars fol. 3. There is a diversity betweene a Condition that is compulsary and a power of revocation which is voluntary for a man that hath power of revocation may by his own act extinguish his power of revocation in part as by levying a Fine of a part or making of a Feoffment of a part and yet the power shall remain for the residue because it is in nature of a Limitation and nor of a Condition and so it was resolved in the Earle of Shrewsburies case in the Court of Wards Pasch 39 Eliz. Mich. 40. and 41 Eliz. but destroy a Condition in part and it is destroyed in the whole for a Condition cannot be apportioned He that hath power by Proviso to alter uses in land may revoke and alter part at one time and part at another and so to the residue till he hath revoked all But he may revoke but one self part at one time unless he hath new power of Revocation to the Uses newly limited Where a Revocation is to be made by Deed indented to be enrolled that is as much to say as by Deed indented and inrolled for no Revocation shall be in that case untill the Deed of Revocation be inrolled And therefore a Fine levied by him that hath such power of revocation before the Deed of Revocation be inrolled doth extinguish the power of Revocation But if a Feoffment be made by A. to divers uses with Proviso that if B. shall revoke that the Uses shall cease then B. may not release this power and a Fine levied and a Feoffment by him shall not extinguish it for the power of B. is meerly collaterall See many good causes more to this purpose fo 51. and the land doth move from him nor the party shall not be by him nor under him But a Fine Feoffment or Release by A. if the power had been reserved to him shall extinguish it 1. pars Diggs case fol. 173. Where

deliver his goods in pledge after shal be condemned in personall actions there such Sheep or goods shall not be taken and put in execution untill the lease be determined or the money paid for the pledge Br. distresse 75. So it seemeth of Goods which are distrained for just cause as for rent amercement damage feasant such like and are impounded they are now in custodialegis as long as they are so they may not be taken in execution Br. pledges 28. If the Connusor enfeoffe the King that land is discharged from execution Fitz. 266. so all other lands of the King are exempted from distresses and executions Plowden 242. b. If many men be severally seised of lands and they all severally joyne in one recognizance Satute Merchant or Statute staple in this case the connusee may not extend the land of any of the Connusors onely but all the Connusors ought equally to be charged the one of them alone shall not beare all the burthen because they are all in equall degree and in executions which concerne the realty and charge of the land the Sheriff may not doe execution of the Land of the one alone Co. 3. 13. a 14. When the Connusor hath aliened part of his land yet the Connusor himselfe at the Will of the Connusee may be solely charged because he himselfe is the person which was the debtor and which was bound and therefore he and his lands may be solely charged Co. 3. 14. Br. suite 10 12. And as to a purchasor of lands although their said Lands after the judgement recognisance or Statute be subject to the execution yet such purchasors have greater priviledges given to them by the law then the Connusor himselfe or his heires have So that if land of a purchasor be onely extended for the entire debt such purchasor shall have contribution against all the others of the purchasors and against the connusor or his heir but note that by this word contribution it is not to be understood that the others shall give or allow to him any thing by way of contribution but ought to be intended that the purchasor or party which hath his lands onely extended for all may by Audita querela or scire facias as the case requireth defeate the execution and therby shall be restored to all the meane profits and drive the Connusee to sue execution of all the land so that in this manner every one shall be contributory that is the land of every ter-tenant shall be equally extended co 3. 14. But if the Connusor enfeoffee the connuse of parcell of the land and a stranger of another parcell and reserve parcell in his hands now the connusee shall not have execution against the stranger or any other Feoffee for all shall be extinct against the Feoffees but yet against the connusor the connusee shall have execution of parcell which remaineth in his hands If connusor of Statute Merchant or statute Staple be taken and die in Execution yet the connusee shall have execution of his lands and goods co 5. 86. 87. Fitz. 246. b. If the connusor upon a Statute c. be taken in execution and escape yet his goods and lands upon the same statute may be extended for the escape and the action which the Plantiff had against the Sheriff for the escape is not satisfaction for the debts co 5. 86. By the statute of 3. Jacobi cap. 8. no execution shall be stayed or delayed by Writ of Error or superseded for reversing of any judgement in any action of Debt except the party which sued such Writ of error with two sufficient sureties be first bound to the party for whom such judgement is given to prosecute the said Writ of error with effect and to pay all the debt damages and costs c. if the judgement be affirmed and also costs and damages for such delay And therefore if a man be condemned in any court and his body put in execution and after he procures a Writ of corpus cum causa or certiorari to be directed to the Sheriff to remove his body there the Sheriff upon the said Writ ought to return the truth scil that his prisoner is condemned by judgement given against him upon which the Prisoner shall be forthwith remanded to prison there to remaine untill he hath satisfied the Plantiff 2 H. 5. cap. 2. Fitz. 151. e. If a statute be acknowledged to 2. and the one of them after purchase lands of the connusor then it seemeth that the said statute hath lost his force against both see the Register 147. If execution be sued of the body and of the land and after the connusor enfeoffeth the connusee of the Land or surrender parcell descended to him in all these cases the body shall be discharged for by discharge of part of the thing in Execution all is discharged Plow 72. b When the extent upon a Statute is satisfied and ran out by efluxion of time the Connusor may enter againe Co. 4. 67. But when the extent is satisfied by casuall profit the Connusor must have a Scire facias ibid. Defeasance to a Statue made after execution is good and defeateth aswell the Statute as the execution thereupon Co. 6. 13. But note where the Statute of Actor Burnell is that if the Prisors of the goods of the Connusor prize them too high in favour of the Debitor and to the dammage of the Creditor the things so prized shall be delivered to the Prisors by the same price and they to yield the Credtior his debt these Statutes are penall and extend not to any other Writs of execution but upon the Statute Merchant or Staple or recognizance and therefore upon a Writ of Elegit or other Writ of execution upon judgement if the extenders or prisors praise the lands or goods too high the Plantiff scil the Creditor hath no remedy Benl 4. P. and M. Note that when the lands or goods are delivered to the extenders they forthwith shall answer to the Creditor his debt by the words of the Statute and yet they shall not pay the money untill the daies assessed and limited in the extent Plow 205. b. If the Debitor complaine that his goods or lands were sold or delivered to the Connusee at too low a rate yet he hath no remedy Stat of Actor Bur. for in such cases the Debitor may pay the money and recover his lands and good 15 H. 7. 15. The creditor may well refuse to accept because the Sheriff will not deliver but parcell of the lands of the Connusor for if he accept it he shall be concluded to demand all afterward Fitz h. execution 84. 88. Execution upon a Recognizance REcognizance is an obligation of record acknowledged in any Court of Record or before any Judge or other Officer having authority to take it as before the Judges of the Kings Bench or of commons Pleas the Barons of the exchequer the masters of Chancery the Justices of Peace