Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	error_n	plaintiff_n	reverse_v	3,212	5	12.7699	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A55177	Plowden's quaeries, or, A moot-book of choice cases useful for the young students of the common law / englished, methodized, and enlarged by H.B.	Plowden, Edmund, 1518-1585.; H. B., Esquire of Lincolns-Inne.	1662 (1662)	Wing P2611; ESTC R25587	130,716	321

themselves and Tenants in common with the last two and so è converso they are Jointenants of a Moity and Tenants in common of the whole and two Praecipes shall be sued against the four and by the four but for the two joint Praecipes for and against them Jointenants TWo Jointenants in Fee one a Minor makes a Lease for life he of full age dies the other recovers a Moity in a Dum fuit infra c. Tenant for life dies the Heir of the other Jointenant enters the Infant outs him he brings an Assize some think it is maintainable For when he brought a Dum fuit infra c. and recovered a Moity now he defeats the Lease for his moity and makes it as if the other had made the Lease for life only which makes a severance of the Jointure Two Jointenants by twelve pence one grants all that belongs to him upon Condition the Lord grants the Seignory of one with Atturnment the Feoffor Enters for breach of the Condition he shall hold by twelve pence and the other by twelve pence also for there is no Apporcionment Though one Jointenant cannot infeoffe his Companion yet his Companion and another he may and the Livery made to the other shall vest the Estate in both If a Reversion be granted to Tenant for life and a stranger the Jointure of the Fee is severed for Tenant for life hath a Fee in the moity Executed If the Reversion be granted to Tenant in tail and a Stranger the Fee remaines in Jointure And if the Husband be Tenant for life and the Reversion is granted to him and his Wife the Jointure remains for there is no Moities between them If a Lease be made to two Habendum one Moity to one the other to the other for life and after a Confirmation is made to them and their Heirs the Joynture of the Fee is severed for the Confirmation inures according to the Nature of the Estate But if the Reversion had been granted to them in Fee they had been Joyntenants for the particular Estate had been drowned If there be two Tenants in Common for life and the Reversion is granted to two Jointly and one Purchaseth the Estate of one Tenant for life and the other of the other The Joynture is severed For the Purchase being at severall times presently upon each purchase the fee was executed If a Seignory be granted in fee to two one takes an Estate of the Tenancy pur auter vye cesty que vye dies The Jointure remains because they were Jointenants at the beginning Two Jointenants for life and one is bound in a Statute and then grants his Estate yet it is liable to execution during his life but 't is otherwise of an Estate for years for in the one the Land is bound by the Statute in the other not If a Recovery be had against one Jointenant his Companion shall not avoid it for the Right was bound but it is otherwise of Charges for the possession is only chargeable If one Jointenant in Fee takes a Lease by Indenture of his Moity from a stranger the Survivor shall avoid it Land is given to two and the Heirs of their bodies the remainder to their right Heirs they are not Jointenants of the Fee If one Jointenant makes a Lease for five years on Condition that the Lessee doth such an Act by a day he shall have for twenty years and he dies before the day the Condition is void as to the Survivor If there be two Jointenants for life one makes a Lease for years and dies the Survivor shall not avoid it for the same Estate which he had continues now and there is no difference if they had a Feesimple some think the contrary for the Survivor hath not the Freehold of his Companion as he hath the Fee where they are Jointenants in Feesimple for his Estate determins by his death But all agree that if A. and B. be Jointenants for the life of C. and A. makes a Lease for life and dies B. shall not avoid it for the Estate which he had continues Two Jointenants in Fee are disseised by the Father of one who dies and the son enters he is remitted to all the land his Companion shall enter with him And it is not like the case where two are disseised and a Dissent cast during the Nonage of one and he enters and is remitted for a Moity his Companion shall not enter because that this priviledge is given him in respect of his person more than in respect of the Land Neither is it like the case where Tenant in tail enfeoffs one Daughter and she dies she being within age she is remitted and yet her Companion shall not have Advantage of it because the Right was not in them before If a Fem Jointenant for years takes Husband and she dies the Survivor shall have all Two Jointenants of two Acres the Land is confirmed to them in Fee of one Acre to the use of one and of the other to the use of the other they are severall Tenants of the Freehold of the Acres for the Freehold is drownd to the Confirmation to the use Tenant for life makes a Lease for life the remainder to his Lessor and a Stranger they are not Jointenants but the Stranger shall take all for he could not give a Fee to him that had it before As if Tenant in tail infeosfs the Donor or if one Jointenant his Companion and a Stranger the Stranger takes all If two Jointenants makes a Lease for life and one grants his part of the Reversion during the life of the Lessee some think this is a severance of the Jointure If one Jointenant makes a Lease for years the Remainder to the right Heirs of A. if the Lessor dies in the life of A. the Survivor shall have the Reversion for the Lease for yeares was no severance of the Jointure neither could it support the contingent remainder Judgement IN Debt upon a Recovery in trespass the plaintiff recovers there where the action was brought a Writ of Error depending in B. R. upon trespass and after the Judgement given in debt the Judgement in trespass is reversed Quaere what remedy he shall have for the debt recovered for it is a Recovery in the C. B. which he cannot reverse in another Court and though he might yet the Execution of the debt being past he cannot be restored to that by the Reversall in the first Writ of Error in the trespass Lease IF a Lease be made for years and after the Lessor makes another Lease for life to commence after the end of the term the second Lease is void although there be Atturnment for a Freehold cannot passe out of any person that hath a greater Estate reserving an Estate until the Freehold commences but if the Lease had been but for years it had been otherwise and in the mean time the Lessee shall have the Rent reserved upon the

PLOVVDENS Quaeries OR A Moot-Book Of Choice Cases useful For the Young Students OF THE Common Law Englished Methodized and Enlarged By H. B. Esquire of Lincolns-Inne LONDON Printed for Ch. Adams J. Starkey and Tho. Basset at their shops in Fleet street 1662. To the Reader THIS Piece which now entertains your Eie was originally if I may so term it a Rhapsody of Cases wherein the Author did not so much consult his Method as the choice of his Matter for as they proceeded from his hand they had no Coherence amongst themselves except such as were voucht to warrant the Reasons of others and most of them too more naturally referring to their own proper Heads and Divisions under which it was necessary to reduce them according to that form I had propounded to my self So that it was not difficult to presage how great a Trouble must be encountred in the Attempt to contrive so great a Confusion into any considerable Order But imagining the effects of my labour might reward my pains I was easily prompted to undertake it for my own private accomodation and not out of any vain glorious design to obtrude it upon the world for it is very well known I opposed a three years importunity to render it publick yet in fine considering that my own Reputation stood responsible no further than for giving it this shape into which you now see it form'd I thought I might with the greater freedom comply with the desires of those who so long and so earnestly had invited it to the Press For the work it self it hath gained a very fair reputation For I know no book that depends meerly upon the strength of its own reason as this doth that ever was entertained with so great an esteem as this hath been by all persons that pretend to the knowledge of the Law But the most signal mark of its worth was set upon it by that person who in the Fabrick of those everlasting Monuments of his Fame his Reports and Institutes hath vouchsafed to honour this Treatise so far as to make himself indebted to it for many of his Materials as will be obvious and visible to any mans observation that hath the least acquaintance with them You will find upon a serious perusall that few of the Cases herein contained are any where else to be found unlesse they were borrowed from hence That the Author was a person of a most refined Theory And that the work it self is a Systeme of the sublimest speculations in the Law wherein there is nothing Vulgar Trite or usuall and yet every thing usefull You will perceive that in the Cases that are controverted as some of them be the Arguments on both sides are derived from such apt and natural Topicks and the Contest managed with so even and equall a strength of Reason that it is often left a measuring cast Besides the Generall Benefit this Piece will oblige the Students of the Law with a more particular Advantage for out of it they may furnish themselves not onely with Quaeres and Moot Points for their Exercises in their respective Societies the want whoreof is so generally lamented but they will also find many of these Problemes debated upon either side So that they are not onely accommodated with Subjects for their quarrels but are also arm'd with weapons both offensive and defensive It would too much resemble flattery for any man to assert the infallibility of his Treatise in every particular It is a prerogative to which few books in the Law I had almost said none ever arrived For Littleton who no doubt as he writ in the quality of a Father was most accurate in his Composition lest the Judgement of his Son might derive a blot from his own pen. And notwithstanding the work is considered as the most accomplished piece of that nature that was ever yet extant and his honourable Interpreter makes his name and the Law Equivocall Yet he himself shuts up that Discourse with so modest an Epiphonema that it plainly implies his own esteem of it was very different from that which the World hath since bestowed upon it And the same Learned Commentator although he was sufficiently positive and peremptory in vindicating the Authority of his Author yet when he comes to reflect upon his own Labours he is found to make use of the same Epilogue for those Truths which depend meerly upon Fancie and Opinion without the assistance of any known Principle to support them as many Cases in the Law do have a certain fatal period beyond which they seldom survive and from hence it is that what was reason an Age since ceaseth to be so now And some Decisions have a shorter Date for the Judgements that are given in one Court and that too upon the most solemn Debates are often times Reverst in another before the breath is cold that pronounced them For when the Determination of a case must be fetcht out of its self there is nothing so uncertain and mutable as the Conclusions that are made thereupon And thus it fares with many of these cases being govern'd by some particular circumstance which leads them out of the common Road and distinguisheth them from others So that when I consider the Niceties that are contained in it and how critically they are decided I cannot but admire so many of them are reputed for Law I confesse you will meet with some passages that are not agreeable to the received opinions of this Age but most that are which puts me in mind of a Character that was given it by an ingenuous and intelligent person in the Law That there are in it multa falsa plura vera plurima ingeniosa To conclude although my particular Interest in this piece be so inconsiderable that I cannot rationally affect any reputation by it Yet if there be any thing that relates to my own endeavours that may accidentally purchase a generous reception from any ingenuous spirit it shall be an ample compensation for the labour and pains that have been bestowed upon it Farewell Errata Pag. 2. l. 23. after life add the remainder for life p. 25. I. 12. r. parol l. 32. add for p. 70. l. 14. dele not p. 75. l. 10. r. pur auter vye l. 16. r. pur p. 77. l. 26. for confirmation r. freehold p. 85. l. 12. r. did p. 99. l. 5. r. his p. 122. l. 21. r. estovers 141. l. 6. r. acre p. 160. l. 12. r. by p. 171. l. 9. r. some think p. 185. 23. dele If. l. 24. for heard r. hard p. 23. l. 7. for deluge r. delayd p. 230. l. 18. for suing r. saving p. 232. l. 7. r. vested p. 89. for Disablement r. Disability An Alphabeticall Table of all the Principal Heads contained in this Book A   Pag. ABsence 1 Acceptance ib. Administrator 4 Advantage 5 Agreement 6 Aid 7 Alien ibid. Annuity 9 Appendant 10 Apporcionment 11 Arrerages 16 Assent ibid. Assetts 17 Assignee 18 Attainder 19

but if he dye and his Heir in by Descent he cannot enter After a Discent the Disseisee abates the wife of the Disseisor recovers dower by confession if the disseisee may enter A Lease for life is made rendring a Rent with a Re-entry for default of payment the Lessor hath cause of Entry the Lessee is disseised and a discent cast the Lessee dies the Lessor may enter for the Land was alwayes recontinuable by Entry If Lessee for years upon Condition be outed after the term and a dissent cast the Lessor shall enter for breach of the Condition Escheat IF Lessee for yeares makes a Feoffment and the Lessor dies without Heir the Lord shall not enter for the Escheat for it is a good Feoffment against him A. infeoffs B. so long as Paul's Steeple shall stand B. dies without Heir if the Land shall Escheat Vide Attainder Bastard Estate IF a Lease be made so long as A. and B. shall be Justices if one of them be removed the Estate is determined for the time was in the Copulative and a Collaterall determination But if it had been during their lives and one of them had died the Estate had continued A. hath Issue a Son and a daughter Land is given to the daughter and to her Heirs Females of the body of the Father begotten she hath not Estate tail but for life only Inst If a lease be made to a Dean and Chapter for their lives they shall have a Fee for they never die If a Rent of twenty shillings a year be granted until the Grantee shall receive twenty pound the Grantee hath an Estate but for twenty years for it is certain So if it had been granted untill A. shall arive at his full age he takes but for years If Land of twenty shillings a year value be granted until he shall receive twenty pounds out of the Issue and profits and Livery be made he takes an Estate for life by reason of the uncertainty of the profits If A. makes a Lease for life reserving a Rent and if it be behind that he shall enter and retain til he hath received the Rent out of the profits of the Land all the Estate of the Lessee is defeated 30 E. 3. 7. If A. hath two Daughters and the Eldest gives Land to the youngest and to the Heirs of the body of the Father begotten there passeth but an Estate for life for the donor is one of the Heirs and it cannot be an estate tail in her self of her own making and it cannot inure to the other for she is not Heir But if it had been given to the youngest the eldest being born out of the Realm it shall go to him Estopple IF a Praecipe be brought against the Father of the Sons Land and he loseth and the Son after the decease of the Father brings a Writ of error to reverse the Recovery and Judgement is affirmed the Recoveror may enter upon the Son for by bringing his writ of Error he is Estopped to say that his Father was not seised If an Infant delivers a deed Which bears date two years after and at the end of the two years he is of full age he shall not be Estopped to shew the delivery before the date neither shall a Fem Covert Husband and Wife seised and to the Heirs of the Husband the Husband makes a gift in tail the Wife recovers against the donee in a Cui in vita supposing that she hath a Fee and dies and the donee dies and the Issue of the Husband and Wife brings a Forme●on in Reverter and though he was Heir to the Wife he shall be Estopped to say that he had a lesser estate than in Fee yet the Issue who claims by the Husband shall not be Estopped Vide Dower Estover A. seised of an house on the part of his Mother and Estovers are granted to him in Fee and he dies without Issue the Estovers are extinct If there be two disseisors of a house and they have Estovers granted to them to be imploied in the same house and the disseisee releaseth to one the Estovers remain for part If one hath Estovers in certain in ten Acres of wood and five of them descend to him he shall not take the whole out of the residue Exchange IF A. exchanges twenty Acres with B. for ten of equall value B. is impleaded and loseth ten Acres vouching A. and recovering in value she shall have all the ten Acres again which he gave to A. and retain the ten Acres Residue without Warranty for the folly of A. IF A. exchangeth Land with B. in Fee who infeoffe a stranger one enters into the Land of A. by Title Paramount he cannot enter upon the Feoffee of B for the privity of the Exchange is determined by the Feofment If A. and B. exchange Land and A. makes a Lease for life B. is impleaded and recovers in a Warrantia Chartae and hath execution of other Land the Tenant for life dies A. enters upon whom a stranger enters by Title Paramount he hath no remedy for the Land rendred in Value for that doth not go in privity as the Exchange doth If A. and B. exchange Land and A. dies in a Praecipe against B. he vouches the Heir of A. who enters into Warranty and cannot bar the Demandant by which he recovers and B. over in value the Demandant enters if B. may enter upon the Heir or is chased to his Habere facias ad valentiam Some think he may enter for a descent is not material against a Condition as this is for if there had been an express Condition he might have entred and so he may now But if part of the Land exchanged had been recovered against B. he could not have entred for he shall not be his own Judge of the portion But where all is recovered the whole Exchange is avoided and therefore he may enter If one Exchangee makes a Feofment of his part the other shall not enter upon the Feoffee for the Condition is determined and dissolved But Quaere if after the Feofment the other may vouch If two Acres are exchanged for a Mannor and a stranger enters by title Paramount into one Acre he shall enter into all the Mannor for it is an entire thing And Quaere if he shall retain the other Acre Execution IF Tenant in tail with a Remainder over with VVarranty recovers in value and dies before Execution he in Remainder shall sue Execution because he is privy If Tenant in tail dies without Issue If a man Recovers in value Land in Burrough English Quaere if the youngest Son shall sue Execution But if the Issue in tail recovers in a Formedon and dies without issue before Execution the Donor cannot enter or have Execution If tenant in tail discontinues and dies leaving a daughter his Wife Privement Enseint with a Son the daughter recovers in a Formedon and dies the son born cannot enter or have Execution But