The Law of ejectments, or, A treatise shewing the nature of ejectione firme the difference between it and trespass, and how to be brought or removed where the lands lie in franchises ... as also who are good witnesses or not in the trial of ejectment ... together with the learning of special verdicts at large ... very necessary for all lawyers, attornies, and other persons, especially at the assizes &c.
About this Item
- Title
- The Law of ejectments, or, A treatise shewing the nature of ejectione firme the difference between it and trespass, and how to be brought or removed where the lands lie in franchises ... as also who are good witnesses or not in the trial of ejectment ... together with the learning of special verdicts at large ... very necessary for all lawyers, attornies, and other persons, especially at the assizes &c.
- Publication
- London :: Printed for John Deebe ...,
- 1700.
- Rights/Permissions
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- Subject terms
- Ejectment -- England.
- Link to this Item
-
http://name.umdl.umich.edu/A49745.0001.001
- Cite this Item
-
"The Law of ejectments, or, A treatise shewing the nature of ejectione firme the difference between it and trespass, and how to be brought or removed where the lands lie in franchises ... as also who are good witnesses or not in the trial of ejectment ... together with the learning of special verdicts at large ... very necessary for all lawyers, attornies, and other persons, especially at the assizes &c." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A49745.0001.001. University of Michigan Library Digital Collections. Accessed June 2, 2024.
Pages
Page [unnumbered]
THE PREFACE TO THE READER.
UPon the first View of the Title of this Treatise, I doubt not but many Persons will slight it, being upon a Topick well known and understood (as they imagine) by even every Pretender to the Law: There's not the least Sollicitor or Attorney in any Nook of Cornwall, or Corner of Cumberland, but thinks he is privy to the whole Learn∣ing of Ejectments. And yet if they would take the Pains to peruse
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the ensuing Sheets, they doubtless may be of another Opinion, and will find very useful and proper Matter relating to an Action which concerns the greatest Titles in the Kingdom, and has made so great a Noise at the Barr, and in the Circuits for Sixty Years last past.
Besides, if there happen any ma∣terial Mistake in this Action, the Remedy is very chargeable. I re∣member Mr. Levett's Case of the Inner-Temple (the Argument whereof made by a very Ingenious Professor of the Law, I have herein inserted.) The Record was an Issue of Trinity Term 1696. and the Demise is laid the 10th of April 1697. Habendum from the 25th day of March then last past; where∣as the Demise should have been laid the 10th of April 1696. And tho' Mr. LeveTt had a Verdict; yet he could not have Judgment, but was
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forced to a new Trial at Bar. And many more such Instances might be given.
I shall not dare to deliver my Opinion concerning the Change of Real Actions into Ejectione Firme, but I know many Grave Lawyers have grumbled at the Inconvenien∣cies of a Man's being too obnoxi∣ous to be trickt out of Possession.
However, this we must all al∣low, That since the said Alteration, the Common Law hath lost a great Part of the Beauty and Nicety of its Pleading.
I have been large under two of the ensuing Titles; I mean that of Evidence, and the other of Special Verdicts; Who shall be allowed as good Witnesses, or not; and what shall be lookt upon as sufficient Evidence both as to Matter of Record, or Mat∣ter en Fait, in this Action, is of great Ʋse to be understood; and the
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Cases that lay disperst in our Books for that purpose, I have reduced to some Method.
And as for the right and exact drawing of Special Verdicts, we all own it to be an undeniable Argument of a good Ʋnderstanding in the Law, and of very great Consequence, espe∣cially those which concern Title of Lands and Estates.
As for the Errata's of the Printer, the Judicious Reader will find that they will not much interrupt the Sense; and as for my own I humbly beg Pardon.