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A49745 The Law of ejectments, or, A treatise shewing the nature of ejectione firme the difference between it and trespass, and how to be brought or removed where the lands lie in franchises ... as also who are good witnesses or not in the trial of ejectment ... together with the learning of special verdicts at large ... very necessary for all lawyers, attornies, and other persons, especially at the assizes &c. 1700 (1700) Wing L635; ESTC R31688 163,445 314

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Writ of Error for the Judgment is only voidable 1 Rolls Abr. 742. Hide and Markham But in 1 Rolls Abr. 768. If a Man brings Ejectione Firme in B. R. and there he hath a Verdict on Tryal at the Bar and after and before Judgment he dies The Plaintiff dies after Trial Judgment may be given and after Judgment is given against him the same Term. This is not Error because the Judgment relates to the Verdict Hide and Mark 's Case Lessor of the Plaintiff in Ejectment Lessor of the Plaintiffmay may have 〈◊〉 Writ of Error may have a Writ of Error upon a Judgment in Ejectione Firme Siderf 317. Cole's Case Release of Error vid. supra The Issue was that H. who was casual Ejector and gave Release of Errors was not the same Person Being tried The Court would not suffer the Defendant to Assign Error but conceived he was barred now 1 Keb. 755. Keyes and Bredon The Defendant obtains a Release of his casual Ejector Issue that he that made the Release was not the same person and pleads it to a Writ of Error of a Judgment by defalt of Ejectment in Ireland altho' the Issue was that he that made the Release was not the same Person as was casual Ejector Yet per Cur. It ought to be set aside and the Error Assigned 1 Keb. 705. vid. 7. Release by Casual Ejector is a fraud The Court conceived a Release of Errors Release by Casual Ejector a fraud obtained of the Casual Ejector by the Lessor being but Fictitious is void And the Court made a Rule That no such Release be accepted without Leave of the Court 1 Keb. 740. Keys and Bredon The Case was As it is Reported in Raymond 93 Keyes and Bredon The Plaintiff obtains a Judgment against his own Ejector in a Case where an Infant was in Possession and the Party concerned in the Lands Release by Casual Ejector a fraud brings a Writ of Error in the name of the feigned Defendant The Plaintiff in the Writ Pleads the Release of the Defendant Per Cur. Such Release shall not be allowed And the Court will not permit the Party to proceed to try the Issue if the Release be good or not because it is to Bar the Right of a third person On Ejectment after Judgment against Casual Ejector for not confessing Lease Entry and Ouster the Defendant in the Ejector's name brought a Writ of Error Ejector disavows the Suit and now the Ejector was brought to the Clerk of the Errors and disavowed the Suit and thereupon it was prayed by Council that a non Pros may be entred as is the usual Course in such Case 2 Keb. 579. M. 21. Car. 2. VVats and Loyd In the Lord Byron and Sir VVilliam Juxon's Case Council prayed leave to discontinue a Writ of Error brought in the Ejector's name of Judgment in the County Palatine of Lancaster against him by default shewing a Release of Errors by the Casual Ejector But the Court denied it but left them to Non suit the Plaintiff in Error 2 Keb. 853. A Release of Error by the Causual Ejector no Discontinuance in Error 2 Keb. 853. Ejectment was brought against eight Defendants in B. C. Error was brought grounded upon the Judgment and the Writ was ad grave damnum ipsorum and the Judgment was only against three and other five were acquitted The Error was assigned in the Non-age of the three Per Cur. The Writ of Error was good tho' it might be also ad damnum of those convicted But being only in the nature of a Commission whereby the King Commands the Errors to be examined this matter is not material Hob. 70. Yelv. 209. By Twisden The constant practice is for all to joyn and per tot Cur. Judgment ought to be reversed against all Error of a Judgment in Ejectione Firme and in the Record a space was left to insert the Costs which had not been taxed if such an imperfect Record be certified yet it might be amended by Rule of Court there and then if it be removed by Error the Court there must amend it For it is the constant practice That if a Record be removed into the King's Bench out of the Court of Common Pleas by Writ of Error and afterwards amended by Rule of Court in the Common Pleas The Court of King's Bench must amend it accordingly vid. Hard. p. 905. 1 Ventr 165. Bell and Richards Ejectment was brought in C. B. in Ireland and declares against Commyn de Castrovilla Terris de Kilborough in such a County The Plaintiff had Verdict and Judgment Commyn brought a Writ of Error in B. R. in Ireland Error in Irel. and Assigns for Error the want of an Oiginal The Plaintiff rejoyns that such a Day an Original Writ was delivered to such a one and concludes to the Country And the Judgment was reversed there for want of an Original on which the Plaintiff brought a Writ of Error for reversal in B. R. in England And the Judgment given in B. R. in Ireland was reversed here for the matter was discontinued Because the Defendant in Ireland concludes al pais where in truth the matter of his Plea should be tried by the Record and the Plaintiff in Error doth not Reply or Demurr upon the Plea of the Defendant and so all is discontinued Also there was another apparent Error in the Declaration viz. the Action brought de castro villa terris in Kilborough without expressing the number and certainty of Acres and upon such general demand no Habere fac ' Possessionem can be awarded and executed Yelv. 117. St. John vers Commyn THE TABLE A. WHat shall be a good Plea in Abatement 110 After Imparlance no Pleading in Abatement and why 111 Where a Man Pleads in Abatement he ought to give the Plaintiff a better Writ ibid. Where the Plaintiff by his Demand confesseth the Writ abateable 112 Actions real changed in Ejectments and why 2 Acres according to the Statute Measure Accord and Satisfaction a good Plea in Ejectment 122 Declaration in Ejectment by Administrators 78 79 Amendment of Original Writs in Ejectment 27 Where and in what Cases Special Verdicts shall be amended Record of Nisi prius variant from the Roll not amendable 217 Affidavit in Ejectment to move for Judgment against the Casual Ejector Where an Answer in Chancery shall be good Evidence at a Tryal 161 Judgment against the Casual Ejector for want of Appearance 29 Appropriation Evidence 168 How Ejectment lies in Ancient Demesne 10 Ancient Demesne pleaded in Ejectment 116 Whether it may be pleaded after Imparlance 116 117 118 Plea of Ancient Demesne allowed the same Term and how 118 Aid Prier where it shall be granted in this Action and where not 122 B. The Bail Lets Lands to B. Judgment is against the Principal and extent on the Lands Leased B. brings Ejectment 21 Common Bail entered after the Attorney was dead 31 When Common Bail to