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REplevin brought by Walter Hickes against Simon Mounford, and others, the Defendants make Conusance as Bayliffs to Sir John Elliot, Executor of Richard Giddy: And that the place contain twenty acres, and was parcell of the Mannor of Trevelun: And that Thomas Archbishop of York, and Cardinall, and three others were seised of the
Mannor wherof, &c. in Fee, and the third of June 11 H: 8. by Deed inrolled granted to King H. 8. a Rent-charge of fifty Marks per annum out therof in Fee, with clause of Distresse, and convey the Rent by discent to E. 6. Mary, and Elizabeth, who by her Letters Patents gran∣ted it to Richard Giddy for life, who made the said Sir John Elliot his Executor, and died, and for such a summ arrear they Avow, &c.
The Plaintiff pleaded in Bar to this Avowry, and confessed the Seisin of the said Arch-bishop, and the others, and said, that the said Arch-bishop and the others, the fourth of June, 11 H: 8. enfeoffed Peter Edgecombe in Fee of the said Mannor, who conveyed it to Richard Edgecombe Knight, who entred, and licensed the Plaintiff to put in his Beasts, which he did, and that they were there, untill by the De∣fendants distrained, abs{que} hoc, that the said Arch-bishop and the others, the aforesaid 3. June, 11 H: 8. granted the said Rent to the said King and his Heirs, Modo & forma prout the Defendants alledged, Et hoc para∣tus est verificare.
The Defendants say, that the Arch-bishop and the others granted the Rent to the King modo & forma as they had alledged, and Issue therupon, and the Iury found.
That the said Arch-bishop and the others 11 H: 8. recovered this Land against Sir Peter Edgecombe, and it was to the intent of gran∣ting the Rent to the King and his Heirs, and then of the recovery of the Mannor, out of which, &c. to the said Sir Peter Edgecombe in tail, the remainder to the King, and they being seised by their Deed, dated the third of June, 11 H: 8. sealed and delivered, which is found in haec verba, and that it was inrolled afterwards, viz. 7. June, granted the said Rent to H: 8. Et si super totam materiam, the Court adjudged it a Grant by Deed the third of June, 11 H: 8. then for the Defendant, &c.
And upon Argument at Bar, and conference had, we all declared our opinion, and agreed that Iudgment should be given for the Defen∣dants.
The first reason was, that the Issue is joyned upon the Grant modo & forma, and not upon the day, as is offered by the Traverse, but up∣on the Grant modo & forma: And the matter found is generally as is alledged, vide Littleton, Title Release, that modo & forma avoid and prevent the matter of day, and goes solely to that which is materiall: And by any thing which appears by the Verdict, there is no intervening matter after the third day, and before the seventh when the Deed was enrolled, and then it is a good Grant of the third of June, vide H: 7: 31. Then the speciall Conclusion found, which is contrary to Law, shall not conclude the Iudges to give Iudgment according to Law.
And so Iudgment was given for the Defendants.
Replevin.
Traverse of a day.