The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

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Title: The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.
Author: Leonard, William.
Publication: London :: Printed by the assigns of Richard and Edward Atkins ... for Henry Twyford, Thomas Basset, William Rawlins and John Place,; 1686.
Rights/Permissions: This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
Subject terms: Law reports, digests, etc. -- England.; Law -- England -- Cases.
Link to this Item: http://name.umdl.umich.edu/A47718.0001.001
Cite this Item: "The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A47718.0001.001. University of Michigan Library Digital Collections. Accessed June 1, 2024.

Pages

CLXVIII. Branthwait's Case. Mich. 27 Eliz. In the Kings Bench.

DEbt brought by J. D. against Branthwait upon an obliga∣tion; the Condition of which was, That whereas J. F. claimed to have a Lease for years of the Mannor of D. made and granted to him by one W. D. If the said Branthwait keep with∣out damage the Plaintiff, from all claim and Interest to be chal∣lenged by the said J. F. de tempore in tempus during the years, &c. and also deliver the said Lease to the Plantiff, that then, &c. The Defendant pleaded, That the said J. F. had not any such Lease, and that after the making of the said Obligation, untill the Action brought, the Plaintiff was not damnified ratione dimissionis prae∣dictae. Exception was taken to the same, because, where the words of the Condition are, Keep without damage the Plaintiff from all Claim and Interest: And he hath pleaded, That the Plain∣tiff was not damnified ratione dimissionis, &c. But the Exception was disallowed by the Court; For if he were not damnified ratione dimissionis, then he was not damnified by reason of any Claim or Interest. Another Exception was taken, Because he could not now say, there was no such Lease: For it is recited in the Obliga∣tion, That J. F. claimed to have a Lease: and therefore by this recital he is estopped, &c. And see where a Recital is an Estoppel, 8 R. 2. Fitz.* 1.1 tit. Estoppel, 283. 39 E. 3. 3. Fitz. Estoppel, 112. 46 E. 3. 12. It was holden by the Court, That it was a good Estoppel. And afterwards, Iudgment was given for the Plaintiff.

Notes

* 1.1

2 Len. 11.

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