The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.

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Title
The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.
Author
Blount, Thomas, 1618-1679.
Publication
London :: Printed for T. Twyford, and are to be sold by Hen. Twyford ...,
1670.
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Subject terms
Bankruptcy -- Great Britain.
Fraudulent conveyances -- Great Britain.
Link to this Item
http://name.umdl.umich.edu/A28470.0001.001
Cite this Item
"The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A28470.0001.001. University of Michigan Library Digital Collections. Accessed June 15, 2024.

Pages

Hayes Case, in Cur-Wardorum.

By Inquisition in the County of Middlesex, Anno 6 Jac. by vertue of a diem clausit extremum, after the death of Humphry Willward, it was found, that the said Humphry died seized of a Messuage, and 26 Acres of Land in Stepney, and that John Willward was his Heir, being 14 years, and 9 days old; and that the Land was held of the King, in capite, by Knights Service. John Willward died within age, and by Inquisition in Middlesex, 8 Jun. Anno Jac. by ver∣tue of a Writ of Deveneront, after the said John's death, it was found, that John dyed seized in Ward to the King; and that the said Messuage and Lands, at the time

Page 107

of the said John's death; were holden of the Dean of Pauls, as of his Mannor of Shadwel.

All the mean Rates incurred in John's life-time, are paid to the King.

1. The Questions are: 1. Whether by John's death, and finding of the mean Tenure in the Deveneront, the fist Office granted to Points be determined.

2. Whether the Tenure found by the first Office may be traversed.

And as to these Questions it was Resolved, by the two Chief Justices, and chief Baron, That where the said John dyed, the Office found by force of the Diem clausit extre∣mum, after Humphries death, whereby the King was enti∣tuled to the Guardianship of John, hath taken its effect, and is executed, and does remain as Evidence for the King after Johns death, but yet is not traversable; for it is traversable during the time it remains in force onely, and the Jurors upon the Deveneront, after the death of the said John, are at liberty to find the certainty of the Tenure, and they are not concluded by the first Inquisi∣tion: and with this agrees, 1 H. 4. 68. And this appears by the diversity between the Writ of Diem clausit extre∣mum, and the Deveneront, which is but in one Point; to wit, the Diem clausit extremum is general, And the Devene∣ront is not general, but does restrain onely the Lands and Tenements, quod deveneront, &c. And thus it was Resol∣ved nono Jacobi, in the Court of Wards, in the Case of Dune Lewis

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