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A59975 The Case in law and equity of Tristram Wodward, Esq. for the mannors of Tuddington, Harlington, and Tyngrith, and other lands in the county of Bedford / reported to the Commissioners of Obstructions by Mr. St. Nichlas the councell for the Common-wealth. St. Nichlas, Thomas. 1652 (1652) Wing S346; ESTC R37140 13,482 26

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and not to her heir by such a Deed as is pretended to be made by the Lady Cheyne 29 Eliz. to Pooley and Glemham I do not conceive that any of the Fines levied by Earl of any part of the Land can barre the Plaintiff of his right of Entry within five years after the expiration of the Lease for 30 years by the Statute of 4 Hen. 7. And I think that no Fines at any time can barre the Plaintiffs right in equity nor his Statute of Forty thousand Pound at the Common Law THO. WIDRINGTON Julij 28. 1645. I am of the same opinion for the Reasons aforesaid HEN. ROLL Aug. 5. 1645. I am of the same opinion JOHN GODBOULD The Question is VVHether the Office of 12 Jac. in Mr St Nichlas Report mentioned that findes the Lady Cheyne to die seized of the Fee-simple of her husbands Lands without finding any Deeds to intitle her or the Dismission in Chancery of the Bill of Tristram Wodward Esq against the Earl of Cleveland 4 Carol. before an Answer come in or the Affidavit of Sir John Thorowgood in his own Case in the Report mentioned or the Depositions of John Cook and Richard Wallop Esquires who depose in Chancery they did see those Deeds dated 29 Eliz. alledged to be made by the Lady Cheyne to Pooley and Glemham and the Regrant alledged to be made by Pooley and Glemham to the Lady Cheyne shewed forth by Serjeant Taylor the Earls Councell to Justice Reeve and Justice Foster upon a Reference from Parliament 1641. be sufficient proof to prove the Deeds true Deeds and not antidated without producing or proving the Execution to be sealed and delivered 29 Eliz. the year they bear date upon pretence to the Commissioners at the hearing of the Cause that now the Deeds are lost See Sir George Caryes book in point of his Reports in Chancery folio 31. Justice Monsons Case primo Jacob where a Release was pretended to be lost and it was deposed it had been seen but this was not allowed for proof unlesse he would swear he had seen it sealed and delivered for it is not sufficient to say he saw it after it was a Deed for no Deed is to be allowed unlesse it be produced or the execution thereof proved those are the words in Sir George Caryes book of Reports That the Act of Oblivion doth except from pardon all Persons that shall give in evidence any forged antidated Deed and therefore it is the safest way to say such Deeds are lost then to give them in evidence for true Deeds That the said M. Wodward before the hearing of the Cause did Petition the Committee of Obstructions to hear and determin the Cause according as to their wisdomes shall seem to stand with equity and good conscience for that the Petitioner is without all means to go to Law any further being in years and he and his Children utterly undone by the Earl which Petition was delivered to every one of the Commissioners of Obstructions that heard the Cause and after dismissed it without any cause shewed in the Dismission as by the Orders aforesaid appeareth whereby the Petitioner and his Children are left in a distressed estate without any means to subsist and his debts unpaid to divers Persons of quality of whom he found great love for his integrity and just dealing And it is humbly submitted to judgement whether in Conscience the debts of M. Cheyne that married Eliz. Cheyne the heir and Executrix of Richard Ruffin ought to be paid out of these Mannors and Lands before the debts of the Earl of Cleveland that is a stranger to M. Cheyne nor paid any thing for the Reversion after the 30 years being declared by learned Councell to be the Vineyard or Lands of M. Cheyne and Conveyed and Covenanted to be Conveyed to M. Wodward for marriage and for a recompence for the Lands of Elizabeth Cheyne and her sisters Portions that bought part of the Lands called Swinford Lease FINIS