Jurisdictions, Part 75 – Part 76
The Pannell.
THe recognition of an Aſſiſe of novell Diſſeiſin, betwixt J. D. Plaintiffe, and J. S. Deforceant, of a Freehold in D. and then the names of the Recognitors follow; and afterward,
The ſum of the Jurors aforeſaid, and every of them,
John Hart.
Richard Smart.
Manucaptors, ſummoners of the aforeſaid Jurors, and every of them,
John Doo.
Chriſtopher Croo.
John Den.
Richard Fen.
This by Plowden, Com. fol. 37. Aſs. 12.
What is a good Title in Aſſiſe for the Plaintiffe, and what not.
TEnant plead in Barr, it is no title for the Plaintif to ſay, that he was ſeiſed tell by the Tenant diſſeiſed and traverſe the Barr, without conveying unto him poſſeſion by title before his poſſeſion as by feoffment or otherwiſe, 27 H. 6. fol. 2.
Tenant pleads a feoffment made by J. S. to him and gives colour, Plaintif ſaith, that J. D. levied a fine upon releaſe to him, and it is not good, but to ſay that he was ſeiſed, and levied a fine, otherwiſe the title is good, ſo if he be intitled by feoffment, or recover of a ſtranger, he ſhall ſay for title that the ſtranger was ſeiſed, and infeoffed him, 10 H. 6. fol. 22.
Where the Barr is materiall, as diffent, feoffment of Anceſtor the Plaintif with Warranty, Recovery, Fine, &c. Plaintif ſhall not make title at large, but ought in his title anſwer the Barr, as confeſſe and avoid or traverſe it, but where it is a Barr at large, he may make title at large, without anſwering the Barr, 34 H. 6. fol. 46. 35 H. 6.67. and the book of Entries 120. 5 H. 7. fol. 29.
Where the Barr is not ſufficient, the Plaintif may demur and need not to make title, and where the tenant in his Barr gives ſufficient title to the Plaintif, Plaintif need not make title, as if the tenant ſaith that his Father had him eldeſt and the Plaintif youngeſt, Plaintif may ſay that the tenant is a Baſtard without making title, and is good, 20 H. 6. f. 38. and 39.
Where the Plaintif makes title at large, the tenant may ſay, come the Asſiſe upon the title, and is good, 15 H. 7. f. 13.
The tenant pleads that he recovered againſt J. S. and the Eſtate of the Plaintif mean by abatement upon J. S. hanging the Writ, Plaintif ſaith, that long time before the Writ that he himſelf was ſeiſed, and good, without ſhewing how he came to it, for the Defendant hath given to him poſſesſion, ſeek 9 book of Aſſ. 10.
The tenant pleads feoffment of the Grand-Father of the Plaintif with Warranty, Plaintif ſaith that his Grand-Father was ſeiſed, and he as Coſen and Heire to him entered, and is good without ſhewing how his Grand-Father came to it, ſee, 10 Aſſ. 23. 9 Aſſ. 11.
The tenant pleads one Barr, the Plaintif intitles himſelf by releaſe with collaterall Warranty, and it is good, 17 Asſiſe 18.
38 H. 8. Tit. 3.26. Br. Tit. Traverſe, P. 26. if the tenant plead that his Father was ſeiſed in Fee, and by proteſtation died ſeiſed, it is ſaid that the Plaintif may make title by a Stranger, without that, that the Father of the tenant was ſeiſed in Fee.
5 H. 7. fol. 29. Where the Barr is materiall, the Plaintif ſhall not make his title at large without anſwering to the Barr, but in Asſiſe, 34. H. 6. fol. 24.
11 H. 7. fo. 28. If the Barr be ill, the Plaintif may pray the Asſiſe without title.
6 Aſſ. Tenant pleads Fine of an Anceſtor of the Plaintif, to which the Plaintif ſaith, the ſame Anceſtor had but for life, the reverſion in him, and that he entred by forfeiture, and good, without ſhewing how he hath the reverſion.
Nat. Bre. 109. If the tenant pleads Plea in Barr, and the Plaintif makes him title and traverſeth the Barr, although the title of the Plaintif be falſe yet the tenant ſhall not have advantage, to take the Asſiſe upon the title, but he ſhall be driven to maintain his Barr, otherwiſe it is where the Plaintif makes him title and doth not anſwer the Barr.
Abridgment of book of Aſſ. fol. 81. VVhere the title is found for the Plaintiffe, and there is no Diſſeiſſor, the VVrit ſhall abate.
The tenant ſaith that J. S. held the Land of him and died without Heire, by which he entred, as in his Eſcheate and gives colour, &c. the Plaintif faith, one H. enfeoffed him, and it is no title, for he ought to anſwer to the Barr as well as where the tenant makes title by diſcent, 27 Asſiſe 71.
Asſiſe of Rent, it is no title to ſhew that J. S. granted to him the Rent by Deed or by Fine, but he ought to ſhew how the Rent began, that is to ſay, If it be a Rent charge, or a Rent ſervice, or a Rent Seck, 31 Aſſ. 16.
Asſiſe, the tenant pleads in Barr feoffment of the Father of the Plaintif with warranty, and the Plaintif ſaith, that his Anceſtor died ſeifed, and this diſcended to him, and allowed by Scroope without ſhewing how he came to that afterwards, 10 book Aſſ. 23.
VVhere the tenant praies the Asſiſe upon the title, and upon that the Asſiſe is awarded, the Asſiſe cannot finde other title for the Plaintiff, but he may finde matter, which may ſtand with the ſame title to inforce it, but if the title be traverſed, he cannot finde another title, but only the point put in the Asſiſe, 28 book of Aſſiſes 17.
An Act of Parliament, Fine or Recovery are of ſuch a force, that if one be bound by them, the Plaintif cannot make title to this Land, unleſſe by reaſon of a title to him grown of later times. As if one recovers againſt me or my Anceſtor, and hath execution, and after Lenten, and dye ſeiſed, my Heire ſhall not make him title by his diſcent, againſt the Recovery, without ſhewing he hath title after the recovery, the ſame Law of a Fine, ſee 10 H. 7. fol. 5.32. H. 6.5. and 33 book of Asſiſes fol. 19.
Pleas in Barr and in Abatement.
IT ſeems a feoffment of the Plaintif is no Plea in Barr, for that amounts to no wrong, nor Deſſeiſin 2 H. 4. fol. 20. the ſame 15 Ed. 4. fol. 11.
18 Ed. 4. fol. 11. A Leaſe for yeares or for life, the reverſion to the Plaintif or a feoffment of the Plaintif with warranty, and rely upon the warranty, is a good Bar….
Abridgment of Aſſ. fol. 31. The tenant may plead, that partition was made between the Plaintif and J. S. whoſe Eſtate he hath, and it is a good Barr.
30 H. 6. fol. 1. Asſiſe, the tenant ſaith that the Lands put in view, and in plaint are in another Town, and if it be found, no tenant of the Free-hold named in the VVrit, &c. By the Court he ſhall not have the ſecond Plea, for none may ſay that the Land is in another town but the tenant, and ſo hath accepted the tenancy by his Plea.
30 H. 6. fol. 7. Asſiſe, the tenant ſaith that T. B. was ſeiſed and diſſeiſed by W. W. to whom T. B. made releaſe, and againſt his own Deed diſſeiſed W.W. and infeoffed five perſons, which infeoffed the Plaintif, upon which W. W. re-entred, whoſe Eſtate the tenant ſeiſed hath, it is good, ſee Pleas in Barr Tit. Abridg. Aſſ. fol. 30.
Abridgement Aſſiſe, fol. 41. If the Plaintiffe chooſe one to be his tenant of all, where he is not, the Writ ſhall abate.
Abridgement of Aſſiſe, fol. 42. A man cannot plead in Aſſiſe that there is another hanging, to which he hath appeared, unleſs that he take the tenancy upon him, and for that it is no Plea for the Diſſeiſor.
Bridgement Aſs. 44. Death of one of the tenants ſhall not abate the Aſſiſe, but for the portion, if he be a Diſſe… ſor, and tenant of another parcell, 27 Aſs. 45.40 Aſs. 15.
Abridgement Aſs. fol. 43. Asſiſe of tenements in D. and S. the tenant ſayes that all is in S. if that be ſo, the Writ ſhall abate, for he cannot abridge a whole Towne, but ſee now by the Statute of 21 H. 8. chap. 3. where he may abridge.
Abridgement of Aſs. fol. 45. Asſiſe of Lands in D. is no Plea if there be two Dales, for that the Plaintiff ſhall recover, by the view of the Jury, 29 Aſs. 59.
Abridgement of Aſs. 106. Asſiſe, tenant pleads in Barr, and after the Jury hath the view, he leaves his Barr, and pleads to the Asſiſe.