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justice_n error_n judgement_n writ_n 2,999 5 10.1124 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A29655 The reading of that famous lawyer, Sr. Robert Brook, Kt. upon the statute of limitations, 32.H.8. Cap. 2 Brooke, Robert, Sir, d. 1558. 1647 (1647) Wing B4897; ESTC R24091 61,813 188

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to have another Action within another sixe yeeres Because the issue was true but now the issue in tayle may confesse and avoid this iudgement 12. E. 4. He which was imprisoned at the time of the Statute had cause of Attaint upon the antient limitation and brings that within the 6. yeeres and after is non-suited at the first day and dieth this is no determination against the heir but that he may have an attaint within another 6. yeeres Because the non-suit is not peremptory but where it is taken after 32. E. 3. A Quere in P. the Plaintife declares the defendant makes his bar the Plaintife is nonsuit this is a good determination against the Plaintife so that he shallnot have another Quere in P. Because the non-suit after appearance is peremptory 19. E. 4. A man that was beyond sea at the time of the Statute brings a writ of right close after Ascention c. and within the sixe yeeres upon the antient limitation in Auntient Demeane where the Lord had confirmed the state of the tenant before by Deed indented to hold by lesser services the tenant pleads a plea which is found for him the demandant is barred by iudgement and dieth within the sixe yeeres this is a good determination of the Action for ever so that the heir shall not have an Action within other sixe yeeres Because a Confirmation doth not make a Frank Fee because no alteration of possession contrary of a Fine or feoffment Two Parteners one releaseth to the other One brought a Precipe against both hee who released made default the other appears and prayes the view and will not take the intire tenancy the Demandant records the moietie of him which did not appeare by default and afteris non-suit and had execution of the moiety hee which lost is imprisoned at the time of the Statute and brings an Assise after Ascention c. and within the 6. yeares against him which recorded upon the antient limitation and dies within the sixe yeeres this iudgement aforesaid is not a determination against the heir to bring a writ of Entry in the quibus or another Action within other 6. yeeres 22. E. 6. Because a Recovery against him who had nothing is of no validity c. nor shall not binde him A man which was an infant at the time of the Statute makes a plaint of Mordauncestor without an original before the Iustices of Assise upon the antient limitation after Ascention c. and within the 6. yeers the tenant pleads in bar which is found for him and had iudgement against the Plaintife the Plaintife dies within the 6. yeeres this iudgement is no determination against the heir to oust him of an Action within 6. other yeares For it is void and coram non judice otherwise if the triall had been in banco A man which was imprisoned at the time of the Statute brings a Cui in vita in banco upon the antient limitation after Ascention c. and within the 6. yeeres the tenant appears and pleads and barres the Demandant by demurre by which iudgement is given this iudgement shall be a determination against the heir to bring another action Because it is not voide but error because this court had authoritie contrary of Iustices of Assise without a writ and patent of Assise for the others have a generall commission A man which was beyond sea at the time of the Statute brings an Ass after Ascention 1546. upon the antient limitation and within the 6. yeeres which remained c. one of the Justices dieth and the Plaintife is associated to the other Iustice and iudgement is given against the Plaintife at the next Sessions upon issue tried and he dies within the 6. yeeres this is a determination against the heir for ever so that he shall never have action within the 6. yeers nor otherwise Because now it is not error by reason of the Statute of Ieofayles and it may be that there were two persons notwithstanding the wards of the Record He which was an Infant tempore statuti brings a formedon after Ascention and within the 6. yeeres after upon the antient limitation against tenant for life who disclaimeth the demandant hath iudgement and enters and the tenant for life dieth he in the reversion enters upon the demandant and the demandant dies within the 6. yeers this Iudgem and execution thereupon is not a determination against the heir in tayle but that he may have another action against him in the reversion within the other sixe yeeres Because upon the disclaymer the iudgment is no other but that the writ shall aba●e and the demandant to enter in at his perill which doth not binde him in the reversion contrary of a Recovery against tenant for life note the difference 36. H. 6. f. 30. A man leaseth land for another manslife and grants the reversion over the tenant Aff. and aliens in fee hee in the reversion is beyond sea tempore statuti c. and there dies his heire shall not have a writ of Entrie ad terminum qui preteriit within the 6. yeeres Because it doth not lie but for the first lessor and his heirs A Parson of a parish was imprisoned tempore statuti and brings a Imcis utrum after Ascention c. upon the antient limitation within the 6. yeeres which was adiudged against him upon a demurrer upon a plea pleaded to the writ and he dies within the 6. yeers this is no determination against the successor but that he may have another action within the 6. yeeres notwithstanding that the statute speaks of heirs only Because he is within the equitie of the Statute A Commission of Eyre issueth in the County of D. one which was an infant tempore statuti brings an Assise before them after Ascention c. upon the antient limitation within the 6. yeeres and depending that the Court of Kings bench commeth into the same County andproclaimes the peace and after the Tenant barres the Plaintife by demur upon the title the Plaintife dieth within the 6. yeers this is no good iudgement against the heir to bring an Action within another 6. yeeres Because the iudgement is voide by the comming of the Kings Bench and making of Proclamation or error at the least A Stativo habendo brought by a man which was beyond sea at the time of the Statute and after Ascention c. and upon the antient limitation within the sixe yeares the Plaintife declares and is non-suited and iudgement is given upon that and the Plaintife dieth within the sixe yeeres this is a determination against the heir so that he shall have no other action within other sixe yeeres Because the non-suit is peremptory in favorem libertatis He which was an infant tempore statuti brought a Cessavit upon the antient limitation after Ascention c. and within the sixe yeeres the Tenant pleads false Latine to the writ by which the writ abates by iudgement upon demurrer