Reports of Some Cases Adjudged in the Courts of the Lord Chancellor, Master of the Rolls, and Vice-Chancellor, in the Years 1837-1838; With Notes and an Appendix (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. 1841. Excerpt: ... wherefore, &c. Cavendish said, that he delivered the deeds simply without condition: ready, &c. Et alii e contra.--Year Book, 44 Ed. 3, 1. In action of detinue for a box sealed up with charters Charters pledgtherein brought by an abbot: he counted that the de-ioan. fendant found the said box. Brigges. Action you ought not to have: for we say that such an one, your predecessor, delivered to us the said box and charters in pledge for 100 shillings, which we lent to him: which 100 shillings came to the use of the house: and if you will pay to us the 100 shillings we are ready to deliver the box: and that was held good plea, if the 100 shillings came to the use of the house. But Brigges said that that was not a good plea without traversing the finding, which was the matter alleged on the writ of detinue: ad quod non fuit responsum.--Year Book, 21 Ed. 4, 19. In the King's Bench one Thomas Russel and Alice his Proceedings in wife brought a writ of trespass of the goods of the said Bench'nupon in Alice carried off dum sola fuit: and the defendant comes J J"c, ion out, of Chancery, stay and pleads not guilty: and was found guilty with damages jng execution of 20/. by inquest at Nisi Prius: and before the day in banc irespass. an injunction was issued out of the Chancery against the plaintiffs, that they should not proceed to judgment under pain of 100/.: wherefore the judgment was stayed for a long time. And then Hussey, the Chief Justice K. B., demanded of Spilman and Fincheden, who were with the plaintiffs, if they were willing to pray judgment according to the verdict. Fincheden. Yes: unless it was for doubt of this pain comprised in the injunction, or for doubt of imprisonment of our client for nonobedience to the Chancellor, otherwise we are willing to pray ju...