Jurisdictions, Part 150
Aſſiſe and Treſpaſs.
Diverſity between pleadings in Aſſiſe and Treſpaſs, for in Treſpaſs need not make Title under Poſſeſſion, otherwiſe in Aſsiſe.
TReſpaſſe, the Defendant ought to convey to him an Eſtate immediate, and for that, to ſay, that J. S. was ſeiſed, till by J. D. diſſeiſed, which infeoffed the Plaintiff, upon whom J. S. entered, whoſe Eſtate he hath, it is not good, but if the Defendant ſaith, that he was ſeiſed till by the Plaintiff diſſeiſed, upon whom he entered, it is good, but not in Aſſiſe; 5 H. 7. f. 11.
Treſpaſſe, the Defendant ſaith, that he was ſeiſed till by the Plaintiff diſſeiſed, and he entered, and it is good; and he need not to convey to him a Title; and the Plaintiff ſaith, that he was ſeiſed, till by the Defendant diſſeiſed, without that, that he diſſeiſed the Defendant, for if the Defendant had firſt Poſſeſſion, it is good in Treſpaſſe; 26 H. 8. f. 6.
Trepaſſe, the Defendant may plead Fine with Proclamation, Judgement if Action, but not relie upon Eſtoppell; 17 H. 8. f. 27.
Treſpaſſe, the Defendant pleads his Free-hold; the Plaintiff ſaith, that he was ſeiſed in Fee, till diſſeiſed by the Defendant, and he re-entered, and the Treſpaſſe in the mean time, the Defendant maintains his Barr, without that, that he diſſeiſed the Plaintiff, 1 Ed. 4. f. 3.
Treſpaſſe, the Defendant pleads, Gift in Tail to his Anceſtor, and conveys to him by divers Diſcents, the Plaintiff ſaith, that he was ſeiſed in Fee, and traverſed the Gift, and it is good, and need not make Title beyond his Poſſeſſion, otherwiſe of Aſſiſe; 3 Ed. 4. f. 19.
Treſpaſſe, to plead a Feoffment of the Plaintiff, it ſeems to be good; or he may ſay, that he himſelf was ſeiſed; but in Aſſiſe, Feoffment of the Plaintiff is no Plea, for that amounts to no wrong, no Diſſeiſin; 15 Ed. 4. f. 31. & 29. Book of Aſſ. 24.
Treſpaſſe, if the Defendant plead that he was infeoffed, the Plaintiff may traverſe the Feoffment without making to him Title, otherwiſe it is in an Aſſiſe; 18 Ed. 4. f. 10.10 Ed. 4. f. 3.27 H. 6. f. 1. & 40 Ed. 3. f. 5.
Treſpaſſe, the Defendant ſaith, that H. his Tenant at will infeoffed the Plaintiff, and he entered; the Plaintiff ſaith, that J. S. infeoffed H. and he died ſeiſed, and his Iſſue infeoffed me; the Defendant cannot traverſe the Feoffment but the Diſcent, otherwiſe it is in Aſſiſe, 10 H. 4. f. 1.
Aſſiſe, by Littleton, the Tenant may plead, let to him for years, or for life, the Reverſion to the Plaintiff, and it is good; and ſo is it of a Feoffment with Warranty, of the Plaintiff, and relie upon Warranty; 18 Ed. 4. fol. 10. 8 Ed. 2. Tit. Aſſ. 391. & 18 Ed. 3 f. 13. the ſame.
Aſſiſe, the Tenant pleads that the Plaintiff let to him for life, and is good, but a Feoffment of the Plaintiff is not good in Aſſiſe, but in Treſpaſſe it is good, 6 H. 7. f. 14.27. Book of Aſs. 31. the ſame. & 29. Book of Aſſ. 24.
Treſpaſſe at Compton over C. and neither C. it is no Plea in Treſpaſſe, but it is good in Aſſiſe; 8 H. 6. f. 18.
Treſpaſſe at D. there are two Dd. within the County, and none without addition, it is no Plea, for the Viſne ſhall be of the Body of the County; 3 Ed. 4. f. 26. and 9 H. 6. Tit. 5. the ſame.
Aſſiſe of Lands in Oſgodby, the Tenant ſaith, there are two Oſgodbyes within the County, none without addition, and it is no Plea, for the Plaintiff ſhall recover by view of the Jurors, 5 Book of Aſsiſes 9 and 27 Ed. 3. f. 2
Treſpaſſe in Otterton and H. which H. is a Hamlet of Otterton, it is a good Plea in Precipe, and not in Treſpaſſe, where Damages onelyonly are recovered; 7 E. 4. f. 18 & 4 E. 4 Tit: Breif 155 & 179.
Treſpaſſe may be in a Hamlet, but not in a place onelyonly known; 11 H. 7 fol. 24 2 R. 3. fol. 1 & 43 E. 3. fol. 30 the ſame.
Precipe, in D. is a good Plea in Abatement, that D. is a Hamlet and not a Town, but otherwiſe it is in Aſſiſe; 8 E. 4. f. 6