Jurisdictions, Part 110 – Part 111
Formedon.
In ſo much, that plaints are ſued in nature of Formedon, for Copy-holds, ſomething ſhall be ſaid touching Formedon, and firſt let us ſee where a Formedon lies, and where not, and for that, that there are three manner of Formedons, that is, Formed on in Diſcender, Remainder, and Reverter, in Fitzh. Nat. Brevium, and there declared how everyone lieth, much ſhall not be ſaid, but what is in Fitzher. Natura brevium, touching the lying of a Formedon.
FOrmedon in Diſcender lieth where the Donee in taile or free Marriage, aliens that Land ſo given in taile, or is diſſeiſed and dies, his Heire ſhall have a Formedon in Diſcender to recover theſe Lands ſo given in taile, Fitzh. f. 211. A.
Where Tenant in taile aliens or is diſſeiſed, or if recovery be againſt him by default, after default, and hee dies, his heire ſhall have a Formedon, for the heire ſhall not have other recovery of the poſſeſſion of his Anceſtor then by Formedon, but if he be outed of his own poſſeſſion, as if he be ſeiſed, and be put out he ſhall have Aſſiſe, Natura brevium fol. 145.
Formedon lies by the heire of a gift made before the Statute of Weſtm. 2. Where the Donee after the Statute aliens and dies, and yet the Statute is, (to gifts before made it ſhall not be extended) 12 H. 4. f. 9.
Where there is a Tenant in Dower, or by the curteſie, the reverſion to another in taile, if one intrude after the death of the Tenant in Dower or by the curteſie, he in reverſion ſhall not have Intruſion but Formedon, Fitzh. 204. D.
Woman Tenant in taile takes a Husband, which aliens, and after they are divorced, and after the Wife dies, the heire of the Wife ſhall not have (A cui in vita) but a Formedon, Fitzh. f. 204. K.
If Tenant in taile lets for life, and the Tenant for life aliens in fee, the Tenant in taile ſhall have a (conſimili caſu) or a Formedon at his pleaſure, Fitz. f. 207. D.
Where land is given to one for life, the remainder to the Father in tayl, if it were executed in the Father, and he Alien, the Iſſue may have a Formedon in Diſcender generally, or may have ſpecial Writ making mention, how it was given for life, the remainder to his Father in tayl, and one or other is good, 44 Ed. 3. fol. 6.
In conveyance of Degrees, ye need not name him Heir, but Son of him which was not ſeiſed, but it is a ſurer way to name him Son and Heire to every one, if hee were ſeiſed or not, but he cannot omit any in his VVrit which was ſeiſed.
If the Demandant omit in Formedon, one which held the Eſtate, that is to ſay, who was ſeiſed, the VVrit ſhall abate; otherwiſe it is in Scire facias, 4 Ed. 2. tit. 48. Formedon in Diſcender ſhal abate, for that he omitted one in the VVrit which held an Eſtate, 44 Edw: 3. fol. 40.
The Demandant in Formedon ought to make his diſcent, by all which held the Eſtate otherwiſe, the VVrit ſhall abate, 46 Ed. 3. fol. 9.
Though the Demandant be made heire to him which dyed in the life of his Father which was not ſeiſed, yet the Writ ſhall not abate, but is good, 48 Ed. 3. fol. 7.
Where the Demandant in Formedon in Diſcender makes mention of any, and not of all, the VVrit ſhall abate, 49 Ed. 3. fol. 20.
Formedon, and the Regiſter was ſhewed, by which it was held that he ought to make him Son to every one, and Sonne and Heire to him which laſt held the Eſtate, but if he makes him Son and Heire to every one, that is more, and good notwithwanding that every one did not hold the Eſtate, 11 H. 6. fol. 25.
The Writ is not the worſe, though in the ſame it be mentioned that he is the heir of one, or that he ſhould have ſcarce been heir to him if he had lived, if he be heir to him that laſt was ſeiſed, 11 H. 4. f. 70.
The Demandant in Formedon ought to name him Son and Heir to him that was ſeiſed; But if one ſurvive his father, and were not ſeiſed, he need not name himſelf heir, but ſon onelyonly; but it is a ſure way to name him ſon and heire, or cozen and heire to every one, Fitzh. fol. 212. F.
Formedon abate, for that he made himſelf cozen and heir to the Donee, where his father was ſeiſed after the death of the Donee, and no mention was made of him, 10 Edw. 3. tit. 41.
Eſplees ſhall be alleadged in Formedon in reverter, in the Donor, and in the Donee, and in formedon in deſcender and remainder, in the Donee onelyonly.
Formedon in reverter, It behoveth to lay the Eſplees in his Count in the Donor and Donee, but in formedon in deſcender and remainder in the Donee onelyonly, 50 Ed. 3. fol. 1. Fitzh. fol. 220.
Formedon in remainder, he alleadgeth Eſplees in the Tenant for life, and not in the Donor, and in formedon in reverter, in the Donor and Donee, 9 H. 6. fol. 53. 11 Ed. 3. tit. 31. the ſame, and 18 Ed. 2. tit. 20.
Formedon in remainder, he counts upon the matter without laying the Eſplees in the Donor, and it is good, 27 Ed. 3. tit. 36.
Of what things Formedon lyeth, and of what not.
Formedon lyeth of Gorſe, but not of an Advowſon, Fitzh. fol. 217. B. It lies of paſture for 10 beaſts, and not of common, but a Writ called quod permittat, Fitzh. 212. B.
Formedon lyeth of Common in groſs. Inquire of 15. Ed. 3. Statham fol. 95. It lyes of a Corody; that is to ſay, of Rent, and certain breads, by the opinion of the Court, 18 Ed. 3. Statham, 10 book of Aſſiſe, fol. 11. Nuper obiit, was maintained of a Corody.