Jurisdictions, Part 170
Yet ready.
Where he ſhall ſay Yet ready, and where not.
DEtinue of a Cheſt with Writings againſt Executors, it is no plea for them to ſay, that the Writings came to them ſealed, and that they were readie to deliver them, and yet are readie, unleſſe that they offer them to the Court; or to ſay that the thing is of ſo great weight that they cannot bring them hither. 9 H. 6.65. and 22 Ed. 3. B…ook. Alwayes ready. 6 Ed. 4. fol. 11.
44 Ed. 3. tit. 40. Dower, the Tenant ſaith that he hath been alwayes ready to render Dower, and yet is. The Demandant avers the contrary; upon which the Demandant ſhall recover her Dower. But ſhe ſhall not have a Writ to inquire of her dammages now, for that is the Iſſue, which ſhall be tryed.
14 H. 8. fol: 28. Dower, if the Tenant come in at the firſt day, and will aver that he was alwayes readie, and yet is, if the Demandant will not aver the contrary, that the Demandant ſhall not recover dammages. 5 Ed. 4. Dower 2. Where the Tenant imparles to another Tearm, he ſhall not ſay, yet readie to render Dower.
21 Ed. 3. tit. 24. Dower, the Tenant alledges, that the Demandant deteins a Hamper of Evidences of that Land, and it, &c. the Demandant ſaith, That ſhe is, and alwayes hath been readie to deliver the Hamper, &c. and for that ſhe ſhall have judgement for thwith.
8 H. 6. fol. 15. Treſpas, the Defendant pleads an Arbitrement, which was to pay 10 li. if the day be paſt, he ſhall ſay that he hath been alwayes readie, and yet is, and bring the money into the Court.
22 H. 6. fol: 45. Debt upon an Obligation endorſed upon Condition, to perform an award to pay 20 s. before Chriſtmas laſt paſt, if he tendered before the day, and the other refuſed, he ſhall not ſay yet ready afterwards. Injuire.
Dower, where the Tenant caſts an Eſſoyn, he is not eſtopped to ſay, yet readie to render Dower. 14 H. 6. 4. See in Debt by Hank. 11 H. 4.60. and 7 H. 4. fol: 16.
Debt, where the Defendant comes inupon the diſtreſſe, he may ſay yet readie. 7 H. 4.11. and 8 Ed. 4. fol: 11. the ſame.
Debt after Imparlance, the Defendant cannot plead yet readie. 36 H. 6. 14.
Annuitie where the Defendant comes in at the diſtreſſe, he cannot ſay yet readie. 2 H. 4. fol: 4.
Debt, Proceſſe continued till the diſtreſſe, return Nihil and proceeds to the Capias, pluries, and the Defendant cometh in, and ſaith that he was alwayes ready, and yet is. 11 H. 4. fol: 6.
Debt upon an Obligation, to ſtand to the award, and the award was to pay at ſuch a place; the Defendant may ſay that he was alwayes readie at the place, without ſaying yet readie, and without tendring the money in Court. 11 H. 6.27. See 22 H. 6. fol: 39. the reaſon in this caſe.
Debt upon an Obligation to pay a leſſer ſumme at ſuch a day, for the Defendant to ſay that he was ready at the place, and offered, and the Plaintiffe refuſed, it is no plea; but ſhall ſay, that he hath been alwayes readie, and yet is, and tender the money in Court, for otherwiſe the Plaintiffe ſhall not have remedie. 7 Ed: 4.3. But ſee 7 H. 4.19. and 2 Ed: 4.3. by Choke.
Detinue of Deeds againſt Executors, they ought to ſay, that they were readie, and yet are; for otherwiſe they ſhal pay dammages, 22 Ed: 3. tit. 37. Alwayes ready.
Debt upon an Obligation, condition to pay 10 li. ſuch a day, and place; and the Defendant tenders that at the day and place, and the Plaintiffe receives there part, and reſpits the reſt untill an agreement be made between them, and after the Plaintiffe requires it, and the Defendant refuſeth to pay it; yet he ſhall not forfeit the penalty; for this is ſaved by the firſt tender. But now by the Court, he ought to tender it in Court.
And where one is bound in 10 l. upon condition to pay five pound, at ſuch a day and place, and though that he were ready at the day and place, and none comes to receive it, yet by the Court he ſhall have the money in Court ready, 7 Ed: 4. fol: 3. See 5. H. 4.
Debt upon an obligation, the condition to pay ſo much money as B. ſhall appoint for the taking of the beaſts of the Plaintiffe, and the Defendant ſaith, that B. appointed 10 l. which he tendered, and the Plaintiffe refuſed it judgment if action, and it is a good plea without ſaying yet ready, for the condition is to do a collatterall act, and this 10 l. is collatteral, and for that he ſhal not ſay yet ready. But if one be bound in 20 l. and the condition to pay 10 l. there if he ſay that he offered the 10 l. at the day, and the Plaintiffe refuſed it, yet he ſhall ſay yet ready, for the 10 l. are parcell of 20 l. and for the 10 l. he cannot have action, 19 H. 8. fol: 12. and 22 H 6. fol: 45.
Debt upon an obligation, the condition that J. S. ſhould perform the covenants of an Indenture, the Defendant alledges them performed ſpecially, and one Covenant was, that J: S: ſhould pay to the Plaintiffe 10 l. and he ſaid that he offered it to him, and the Plaintiffe refuſed by Fitzh: and Shelley, he need not ſay yet ready, 27 H. 8. fol. 1.
Debt upon an obligation, The Defendant ſaith that it is endorced upon condition that if the Prior of W. made an obligation to the Plaintiffe before ſuch a day, that then &c. And ſaith that the Prior tendered that to the Plaintiffe, and he refuſed it, and ſhall nor ſay yet ready, for it is a thing out of his power, and to be made by a ſtranger, 10 H 6. fol: 17.
If a man be bound in 20 l. and the condition is to pay 10 l. if the Defendant plead in debt upon the obligation, that he tendred the 10 l. at the day, and the Plaintiffe refuſed it, yet he ſhall ſay yet ready. But if the condition were, that J. S: ſhould pay at the day to the Plaintiffe, and the Plaintiffe refuſe, he ſhall not ſay yet ready, 14 H. 6. fol: 24.
Debt upon an obligation, of 10 l. the Defendant pleads that after by Indenture of defeſance, the Plaintiffe granted that if the Defendant paied unto him 20 s. ſuch a day, that then the obligation ſhould be void, and ſaith that he tendred to him the 20 s. at the day, and he refuſed it, and by Priſot, he ſhall not ſay yet ready, 33 H. 6. fol: 2.
Debt upon an obligation, the condition to pay a leſſe ſum, this leſſe ſum is parcell of the ſum in the obligation, and for that the Defendant ſhall ſay yet ready, but otherwiſe it is, where the condition is to ſtand to the award or other collatteral matter, there the Defendant ſhall not ſay yet ready, 20 Ed: 4. fol: 2.