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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.

About this Item

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.
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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 15, 2024.

Pages

Page 121

CLXXIII. Trin. 27 Eliz. In the Kings Bench.

ERror was brought upon a Iudgment in a Quid juris clamat: It was assigned for Error, That the Tenant appeared by Attorny; which Act he ought not to do in his own proper person, if it be not in case of necessity; where in such case an Attorny may be received by the King's Writ, and plead matter in bar of the Attornment. As if he claim Fee, &c. or other peremptory mat∣ter, after which Plea pleaded, he may make an Attorny, 48 E. 3. 24. 7 H. 4. 69. 21 E. 3. 48. 1 H. 7. 27.

Another Error was assigned, Because it is not shewed in the Quid juris clamat, what estate the Tenant hath. Another matter was, If the Grantee of the estate of Tenant in tail after possibility of Issue extinct, should be driven to Attorn? And conceived, He should not, Because the priviledge passeth with the Grant. See 43 E. 3. 1. Tenant in tail after possibility of Issue extinct,* 1.1 shall not be driven to Attorn, 46 E. 3. 13. 27. therefore neither his Grantee. Williams, contrary, As to the appearance of the Tenant by At∣torny, because the same is admitted by the Court, and the Plain∣tiff, the same is not Error. Which see, 1 H. 7. 27. by Brian and Conisby, 32 H. 6. 22. acc. And he conceived, That the Grantee should be driven to Attorn; For no other person can have the estate of the Tenant in tail after possibility of Issue extinct, but the party himself, therefore not the priviledge: And although he himself be dispunishable of Waste; yet his Grantee shall not have such priviledge; As if Tenant in Dower, or by the Curtesie, grant over their estates, the Heirs shall have an Action of Waste against the Grantees for Waste done by the Grantees. But if the Heir granteth over the Reversion, then Waste shall be brought against the Grantees. See Fitzh. Na. Br. 57. And if two Coparceners be, and one taketh Husband, and dieth, the Husband being Tenant by the Courtesie, A Writ of Partitione facienda lieth against him; but if he granteth over his estate, no Writ of Partition ly∣eth against the Grantee. 27 H. 6. Statham, Aid; Tenant in tail after possibility, &c. shall not have Aid, but his Grantee shall. Clark conceived, That the Grantee should not be driven to At∣torn: If the Tenant in tail grant all his estate, the Grantee is dis∣punishable of Waste: So if the Grantee grant it over, his Grantee is also dispunishable. It was Adjourned.

Notes

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