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The Count ought to name all things certain,* 1.1 and the value, 1 Rich. 3.20. A. 3 Hen. 6. viz. time and place.
The Count was,* 1.2 that such a year day and place A bailed to B bona & catalla, &c. scilicet, one Cup of Silver, &c. ad valentiam, &c. salvo custodiend. & eidem querenti cum inde requisitus fuisset re∣deliber and. &c. Lib. Intr. 212. B.
A counts de bailment of Spoons,* 1.3 &c. ad valen∣tiam, &c. Lib. Intr. 211. D. sect. 2. naming the number.
The Count was,* 1.4 quod cum ipse, the year, day and place, deliberasset W. in vita sua, catalla, &c. posteaque praedictus W. obiit, &c. & post ejus mor∣tem praedictam, &c. devenerunt such a day, year and place, to the hands of the aforesaid Execu∣tors, praedictus W. nec praedicti Executores, &c. Lib. Intra. 212. C. Sect. 4. This against an Exe∣cutor.
* 1.5Count per Executor, Com. 275. A. Foxes case. vid. the Count there.
Count upon bailment to B,* 1.6 which loses it, and that the Defendant found it, and yet detinet lies, Lib. Intra. 212. B. sect. 3. for neither by the bail∣ment, nor by the losing and finding it, is the property altered or divested out of the Bailor.
Count of a Horse found, No. Lib. Intr. 169. D. Sect. 2.
A counts upon a bargain for Corn to be deli∣vered at a day to come,* 1.7 that such a day, year and place he bargained for eight quarters of Corn, ad valentiam, to be delivered, &c. No. Lib. Intra. 169. B. sect. 1. Vid. antea, by the contract the pro∣perty was divested out of A.
For two Obligations,* 1.8 Lib. Intra. 220. A. Sect. 1.
* 1.9The Husband and Wife count, that they were possessed of a Box sealed with Deeds concerning Lands of the Wife, &c. and lost them, and they came to the hands of the Defendant such a year, day and place, per Trover, &c. Lib. Intra. 209. B. Sect. 3.
Count of a box with Deeds, Lib. Intra. 202. B. Sect. 7. Though unsealed, yet it lies. Q. whether he must not shew what deeds particularly.
* 1.10Counts that his Brother, whose Heir he is, was seized of Land in Fee, and of a box sealed with Writings touching the Land, and he lost the box, and it came to the hands of the wife dum sola f••it, and that his brother dies without issue and the Lands descended to him, and that the woman takes a Husband per quod, &c. Lib. Intra. 209. D. sect. 4. the Action lay against them; for the mar∣riage gains no property where the wife had none before.
Heir against Executors,* 1.11 Lib. Intra. 210. A. sect. 5. of the Ancestor for things touching the Lands he inherits.
The heir in a Detinue for a box with deeds ought to count that it was sealed, for otherwise it belongs to the Executors, 36 Hen. 6.27. pl. 26. 39 Edw. 3.7, 8. 41 Edw. 3.2. 11 Hen. 49. A. Paston. Q. how the sealing should make a diffe∣rence.
And yet the sealing is not traversable, 41 Edw. 3.2.
The heir ought to count of the certainty of the Land, and also how it was conveyed to him, 3 Hen. 6.19. pl. 31. 19 Hen. 11. pl. 29. or els it cannot appear the deeds belong unto him.
He ought to count as heir, if he claims as heir, 7 Hen. 6.31. pl. 25. for every one ought to make his case as it is.
But if he counts upon Bailment to rebail to him and his heirs, he need not to set forth the Title to the Land, 19 Hen. 6.41. pl. 84. for
there the Action is meerly founded upon the bail∣ment and detainer.
If a Feoffee with warranty make a Feoffment with warranty, his Heir shall have a Detinue, and count specially, Coke 1. part. 2. A. Buckbursts case, as his case is.
The heir counts that his Father was seised in fee, and demands the deed of the estate tail, and good; for his Father may discontinue and take it again in Fee, 38 Hen. 6.24. pl. 11. and therefore his count shall be presumed to be good.
Count per Feoffee,* 1.12 Lib. Intra. 210. sect. 6.
Note,* 1.13 if the Writ be of bona & catalla the Count cannot be of Charters, 22 Edw. 4.12. pl. 32. for bona & catalla are not proper words generally to express Charters by, because they belong to the real, and not personal estate, and Goods and Chattels are usually intended personal things.
And needs not say in the Count how the Defen∣dant came to them, 9 Hen. 5.14. pl. 22. 4 Edw. 4.9. pl. 11. Lib. Intra. 213. A. sect. 2.
If the Writ be of a box with Deeds, the Count shall be accordingly, and not of a deed certain, 41 Edw. 3.2. pl. 5. 14 Hen. 6.4. A. Pleading ought to be plain and certain.
The Plaintiff in a Detinue for Deeds for Land ought to make title to the Land in the Count, 33 Hen. 6.26. pl. 12. Prisot; for otherwise he ought to make request for the deeds, and then an Action upon the Case lies, if they be detained from him.
Count.
Bailment.
Spoons.
Devenerunt Ag. Exe∣cutors.
Per Exe∣cutor.
Trover.
Contract.
Obligation
Husband and Wife for box with deeds
Heir a∣gainst hus∣band and wife.
Heir.
Feoffee.
Note.