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 15, 2024.

Pages

CLXXXVI. Lucas and Picroft's Case. Pasch. 28 Eliz. In the Common Pleas.

THe Case was, That an Assise of Novel Disseisin was brought in the County of Northampton, of two Acres of Lands;* 1.1 and as to one Acre, the Tenant pleaded a plea tryable in a Forreign County. Vpon which the Assise was adjourned into the Common Pleas, and from thence into the forreign County; Where, by Nisi prius, It was found for the Plaintiff; and now in the Common Pleas, Snag, Serjeant, prayed Iudgment for the Plaintiff; and cited the Book, 16 H. 7. 12. Where an Assise is adjourned into the Common Pleas for difficulty of the Verdict, they there may give Iudgment. But all the Court held the contrary; For here is another Acre of which the Title is yet to be tryed before the Iusti∣ces of Assise; before the tryal of which, no Iudgment shall be given for the Acre of which the Title is found. And the Assise is properly depending before the Iustices of Assise, before whom the Plaintiff may discontinue his Assise. And it is not like to the Ca∣ses of 6 E. 4. and 8 Ass. 15. Where in an Assise, a Release was pleaded, dated in a forreign County; which was denyed: Where∣fore the Assise was adjourned into the Common Pleas, and there found by Enquest, not the Deed of the Plaintiff's. Now if the Plaintiff will release his Damages, he shall have Iudgment of the Freehold presently. But in our Case, parcel of the Land put in View, remains not tryed; which the Plaintiff cannot re∣lease, as he may his Damages,* 1.2 and therefore the Court remanded the Verdict, to the Iustices of Assise.

Notes

* 1.1

2 Len. 41.

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* 1.2

2 Len. 199.

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