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

Trin. 7 Jac. Regis. In the Court of Wards;

Wills Case.

Henry Wills seized of the 4th Part of the Mannor of Wryland, in the County of Dvon, holden of Q. Eliz. i So∣cage Tenure in capite, of the said 4h part, enfeoffed Za∣thary Irish, and others, and their Heirs, to the use of the said Henry for his Life; and after his Decase to Thomas Wills his second Son in Tail, and after to the use of Rich∣ard Wills, his youngest Son in Tail; and after the said Henry so seized as aforesaid, dyed. All this Matter is found by Office. And the Question was, If the King ought to have primer seizin in this Case, that Livery and Ouster le mayne should be sued by the Statutes of the 32 and 34 H. 8. And it was Resolved by the two Chief Justices, and the Chief Baron, that not; if in this Case by the Com∣mon-Law no Livery or Ouster le main shall be sued, and that was agreed by them all, by the experience and couse of the course. See 21 Eliz. Dyer 362. and 4 Eliz. Dyer 213.

And two Presidents were shwed, which were Decreed in the same Court, by the Advice of the Justices, Assist∣ants to the Court.

One in Trin. 16 Eliz. Thomas Stavely enfeoffed, William Strelley and Thomas Law, of the Mannor of Ryndly in Not∣tingh shire, on condition, that they re-enfeoffe the Feof∣for and his Wife for their Lives; the remainder to Thomas Stavely, Sn and Heir apparent of the Feoffer in Fee: Which Mannor was holden of Q. Elizabeth, in Socage

Page 199

Tenure in capite; And it was Resolved, That no Livery or Ouster le maine, shall be sued in such Case, because of the saving of the Stat. 32 H. 8. The words whereof are, Saving &c. to the King &c. all his Right &c. of primer seizin, and relief &c. for Tenure in Socage, or of the na∣ture of Tenure in Socage in chief, as heretofore hath bin used: But there was no Custom before the Act for the King to have primer seizin, &c.

Another President was in Pasch. 37 Eliz. in the Book of Orders, fol. 444. where the Case was, That William Allet was seized of certain Lands in Pitsey, called Lund∣sey, holden of the Queen in Socage Tenure in chief; and by Deed covenanted to stand seized to the use of his wife for life, and afterwards to the use of Richard his youn∣ger Son in Fee, and dyed, and all was found by Office; and it was Resolved ut supra. But the Doubt o the Case at Bar was, because Henry the Feoffor had a Reversion in Fee, which descended to the said William his eldest Son.

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