A General Abridgement of Law and Equity Volume 20; Alphabetically Digested Under Proper Titles; With Notes and References to the Whole (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1793 Excerpt: ...good without setting forth a title, for the action is transitory and cannot be made local but by a clausum fregit. Indeed, in an avowry a title must be shewn; but that is not like this cafe. Per Holt Ch. J. Powis and Gould of the fame opinion. 11 Mod. 220. in cafe of Harrington v. Bush. (F) Pleadings thereof, how. And the Difference thereof in the Writ or Counts or in Bar. I. IN scire facias a man pleaded, that his father was seised of the manor, and died seised, and it descended to him as son and heir; and per Cur. he ought to shew of what estate his father was seised; quod nota. Br. Pleadings, pi. 33. cites 24 E. 3. 75. 2. Error: a rent was granted of all his lands and tenements in B. and the title was, that he was seised of certain lands and tenements in B. and yet judgment affirmed; ot it was said, that it is apparent; but Brooke fays, quod mirum, for uncertain. Br. Pleading, pi. 17. cites 8 H. 4. 19. 3. In ajstfe, the tenant said that A. heldfor life, the reversion to y. S. who granted it to his father. The tenant attorned and died; the father entered and died, and he entered as heir, and gave colour and there it was held, that he ought to shew of whose lease the tenant for life was seised; and therefore he shewed of whose lease..But Brooke says, it seems that in pleading he ought to shew, that A. was seised in fee, and leased, &c. But in writ or declaration he may fay, that A. gave or demised, &c. without alleging that A. was seised, and gave or demised. Br. Pleadings, pi. 18. cites 9 H. 4. 5. Ifertbtbtir 4. Avowry by tenant in dower, after endowment pleaded, aftteed not3-""g11 t0 her, she need not allege what day her dower was ajjigned. Br. Pleadings, pi. 19. cites 11 H. 4. 63. day the an eijiur died. Br. Pleadings, pi. 19. cites It...