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

Mich. 39 & 40 Eliz. In the Kings-Bench;

Bedel and Sherman's Case.

Mich. 39 & 40 Eliz. Which is entred, Mich. 40 Eliz in the Common-Pleas, Rot. 699. Cantabr. the Case was this: Robert Bedel Gent. and Sarah his Wife, Farmers of the Rectory of Litlington, in the County of Cambridge, brought an Action of Debt against John Sherman, in custo∣dia mariscalli, &c. and demanded 550 l. and declared, that the Master and Fellows of Clare-Hall in Cambridge, were ieized of the said Rectory in Fee, in right of the said Colledge; and the 10 Jun. 29 Eliz. by Indenture

Page 194

dnised to Christopher Phesnt the said Rectory for 21 years, rendring 17 l. 15 s. 5 d. and reserving Rent-corn, according to the Statute, &c. which Rent was the antient Rent; who entred, and was possessed, and assigned all his Interest to one Matthew Bats, who made his last Wll, and made Sarah his Wife Executrix, and dyed. Sarah proved the Will and entred, and was thereof possessed as Execu∣trix, and took to Husband the said Robert Beel; by force whereof, hey in right of the said Sarah entred, and were possessed; and the Defendant was thn Tenant, and seized for his life of 300 Acres of Arable Lands, in Litlington aforesaid, which ought to pay Tythes to the Rector of Litlington, and in 38 Eliz. the Defendant Sminavit grano, 200 Acres pac. . &c. the Tythes whereof amount∣ed to 150 l. And the Defendant did not set forth the same from the Nine Parts, but carryed them away, con∣trary to the Statute 2 E 6 &c. The Defendant pleaded, Nihil debet. And the Jury ound, that the Defendant did owe 55 l. and to th rest they found Nihil debet: And in Arrest of Judgment, divers Matters were moved:

1. That Grano Seminata is too general, and it ought to be expressed, with what kind of Grain the same was sow∣ed.

2. It was moved, If the Parson ought to have the treble value, the Forfeiture being xoresly limited to none by the Act. or that the same beong to the Queen.

3. If the same belong to the Parson, if he ought to sue for it in the Ecclesiastical Court, or in the King's Tempo∣ral Court.

4. If the Husband and Wife should joyn in the Acti∣on, or the Husband alone; and upon solemn Argu∣ment at the Barre and Bench, Judgment was affir∣med.

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