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truth_n farm_n manor_n orchard_n 63 3 16.3701 5 false
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A47718 The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.; Reports and cases of law argued and adjudged in the courts at Westminster. Part 3 Leonard, William. 1686 (1686) Wing L1106; ESTC R19612 343,556 345

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they had not any Lands in the said Town but the said Mannor And the Ejectione firmae was brought of that Mannor in Kent and from thence the Visne came and all the special matter aforesaid was found by Verdict And Exception was taken to the Verdict because they have found generally That the Master and Scholars had not any thing in the said Town of Laberhurst but the said Mannor Whereas they ought to have said That they had not any thing in the said Town in the County of Kent For they could not take notice what Lands the Master and Scholars had in that part of the Town which was in the County of Sussex And of that Opinion the whole Court seemed to be But Quaere of it for it was adjourned XCVI Hinde and Lyons Case Mich. 19 Eliz. In the Common Pleas. Post 70. Dyer 124. 2 Len. 11. IN Debt by Hinde against one as Son and Heir of Sir John Lyon who pleaded Nothing by descent but the third part of the Mannor of D. the Plaintiff replyed Assets and shewed for Assets That the Defendant had the whole Mannor of D. by descent Vpon which they were at Issue And it was given in Evidence to the Iury That the said Mannor was holden by Knights-Service And that the said Sir John the Ancestor of c. by his Will in writing Devised the whole Mannor to his Wife until the Defendant his Son and Heir should come to the age of 24 years And that at the age of his Son of 24 years his Wife should have the third part of the said Mannor for her life and his Son should have the residue And if that his said Son do die before he come to his said age of 24 years without Heir of his body that the Land should remain to J.S. the remainder over The Devisor died The Son came to the age of 24 years The Question was If the Son had an Estate in tail for then for two parts he was not in by descent And it seemed to Dyer and Manwood That here was not any Estate in tail for no tail shall rise if not that the Son die before his said age and therefore the tail shall never take effect and the Fee-simple doth descend and remain in the Son unless that he dieth before the age of 24 years and then the Estate vests with the remainder over but now having attained to the said age he hath the Fee and that by descent of the entier Mannor and then his Plea is false That but the third part descended And a general Iudgment shall be given against him as of his own Debt And an Elegit shall issue forth of the moyety of all his Lands as well those which he hath by descent from his Ancestor as his other Lands And a Capias also lieth against him But Manwood Iustice conceived That if a general Iudgment be given against the Heir by default in such cause a Capias doth not lie although it lieth in case of a false Plea. Dyer contrary And the Writ against the Heir is in the debet detinet which proves That in Law it is his own Debt And he said That he could shew a President where such an Action was maintainable against the Executors of the Heir XCVII Mich. 19 Eliz. In the Common Pleas. THe Case was A. seised of Lands in Fee 2 Len. 154. Hob. 285. Dyer 329. by his Will in writing granted a Rent-Charge of 5 l. per annum out of the same to his younger Son towards his education and bringing up in Learning The Question was If in pleading the Devisee ought to aver That he was brought up in Learning And it was holden by Dyer Manwood and Mounson Iustices That there needs no such Averment for the Devise is not Conditional and therefore although he be not brought up in Learning yet he shall have the Rent And the words of the Devise are Towards his bringing up And the Devisor well knew that 5 l. per annum would not and could not reach to maintain a Scholar in Learning Diet Apparel and Books And this Rent although it be not sufficient to such intent yet the Son shall have it And by Dyer Three years past such Case was in this Court scil Two were bounden to stand to the Award of certain persons Who awarded That the one of them should pay unto the other 20 s. per annum during the Term of 6 years towards the education and bringing up of such an Enfant and within two years of the said Term the Enfant died so as now there needed not any supply towards his Education Yet it was holden That the said yearly sum ought to be paid for the whole Term after For the words Towards his Education are but to shew the intent and consideration of the payment of that sum and are not the words of a Condition XCVIII Mich. 19 Eliz. In the Common Pleas. IN a Quare Impedit The Plaintiff declared That the Defendant was seised in Fee of the Mannor of Orchard alias lydcots-Lydcots-Farm to which the Advowson is appendant and presented such a one c. And afterwards leased to the Plaintiff the said Mannor per nomen of the Mannor of Orchard alias lydcots-Lydcots-Farm with the appurtenances for 21 years and the Church became void c. And the truth of the Case was That there is the Mannor of Orchard and within the said Mannor the said Farm called Lydcots Farm parcel of the said Mannor and the Lease was of the said Farm and not of the said Mannor and so the Advowson remained to the Lessor as appendant to the Mannor In this Case It was moved What thing the Defendant should traverse Dyer He shall say That the Advowson is appendant to the Mannor of Orchard absque hoc that it is appendant to the Farm of Lydcots But it seemed to Manwood That the Defendant shall say That the Advowson is appendant to the Mannor of Orchard and that the Farm of Lydcots is parcel of the said Mannor and that he Leased to the Plaintiff the said Farm with the appurtenances absque hoc that the Mannor of Orchard and the said Farm are all one For if he traverse the Appendancy to the Farm of Lydcots then he confesseth That the Mannor and Farm are all one c. But Dyer doubted of it XCIX Kirlee and Lees Case Mich. 19 20 Eliz. In the Common Pleas. IN Action upon the Case upon Assumpsit the Plaintiff declared That the Defendant in Consideration that the Plaintiff would marry the Daughter of the Defendant did promise to find to the Plaintiff and his said Wife convenient apparel meat and drink for themselves and two servants and Pasture also for two Geldings by the space of 3 years when the Plaintiff would require it And further shewed That Licet the Plaintiff had married the Defendants Daughter and that he had required the Defendant to find ut supra c. the Defendant refused c. The Defendant