Trin. 44 Eliz. In the Kings-Bench;
Sprat and Heale's Case.
John Sprat Libelled in the Spiritual Court against Wal∣ter Heal, for Substraction of Tythes; the Defendant in
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.
About this Item
- 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.
- Rights/Permissions
-
To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.
- 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 7, 2024.
Pages
Page 166
the Spiritual Court, that he had divided the Tythes from the Nine Parts. And then the Plaintiff made Addition to the Libel (in nature of a Replication) viz. That the Defendant divided the Tythes from the Nine Parts, quod praed. the Plaintiff non fatetur sed prorsus diffitetur: yet presently after this pretended division, in fraudem legis, he took and carryed away the same Tythes, and converted them to his own use: and thereupon the Plaintiff ob∣tained Sentence in the Spiritual Court, and to recover thetreble value, according to the Statute 2 Ed. 6. cap. 13. And thereupon Heale made a Surmise, that he had divi∣ded his Tythes, and that the Plaintiff ought to sue in the Spiritual Court for the double value, and at the Common-Law for the treble value.
But it was Resolved by the whole Court, That the said Division mentioned in the Libel, was nnt any Di∣vision within the said Stat. 2 Ed. 6. cap. 13. for that Act provides, That all the King's Subjects henceforth, shall truly and justly without Fraud, divide, set out, yield and pay all manner of other Predial Tythes in their pro∣per Land: So as when he divides them to carry them a∣way, he divides them not justly withont Fraud; and therefore the same is out of the Statute: And where the words of the Statute are, divide, set out, &c. their Predial Tythes, &c. And if any person carry away his Corn and Hay, and other Predial Tythes, &c. And to make an evasion out of these words, this Invention was devised; The Owner of the Corn, by Covin sold his Corn, before severance, to another, who as Servant to the Vendee reaped it, and carryed it away without any Seve∣rance, pretending that neither the Vendo, because he did not carry them away; nor the Vendee, because he had no property in them, should be within that Statute: But it was Resolved, That the Vendor should be charged in that Case with the Penalty of the Statute, for he carry∣eth them away, and hi•• Fraud and Covin shall not help him. See 8 Ed. 3. 290. 9 H. 6. 41. 33 H. 6. 5. But it
Page 177
was Resolved, That the Plaintiff could not sue in the Spiritual Court for the treble value, but for the double value he might.