The touchstone of precedents, relating to judicial proceedings at common law by G.F. of Grayes-Inn, Esquire.

About this Item

Title
The touchstone of precedents, relating to judicial proceedings at common law by G.F. of Grayes-Inn, Esquire.
Author
G. F., of Gray's-Inn.
Publication
London :: Printed for Awnsham Churchill ...,
1682.
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Subject terms
Common law -- England.
Judicial process -- England.
Link to this Item
http://name.umdl.umich.edu/A40473.0001.001
Cite this Item
"The touchstone of precedents, relating to judicial proceedings at common law by G.F. of Grayes-Inn, Esquire." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A40473.0001.001. University of Michigan Library Digital Collections. Accessed June 17, 2024.

Pages

Where in Avowry the Defendant shall answer to the seisin, and where he shall traverse.

IN Avowry the Lord alledgeth seisin of the services, the Tenant cannot traverse the Tenure in part but he shall answer to the seisin; For in Avowry the Tenant shall not avoid encroachment of Services; but in a Writ of Rescous or in Assife he may avoid the encrochment, and not answer to the Tenure.

If the Lord encroch an other thing which was not part of the Tenure before the en∣crochment, it is void, and the party shall avoid it and Travers it notwithstanding sei∣sin alledged; as where the Tenant holds by Homage and Ten shillings, the Lord encro∣ches a Horse; this encrochment is void be∣cause it is an other thing, and other then the Tenure was before. Also where the Lord avowes for Homage and Ten shillings Rent, the Tenant may say that he holds of him by Homage Ancestrel, without that, that he holds

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of him by Homage and ten shillings; in this case he shall not answer to the seisin, because that he may traverse the entire Tenure of the same thing, quod nota.

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