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.
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 16, 2024.

Pages

CCXLII. Mich. 29 Eliz. In the Common Pleas.

IN Trespass, for breaking his Close; The Defendant pleaded That heretofore he himself brought an Ejectione Firmae against the now Plaintiff of the same Land in which the Trespass is supposed to be done, and had Iudgment to recover, &c. and demand∣ed Iudgment, if against, &c. It was moved, That the Bar was not good,* 1.1 because that the Defendant had not averred his title, And the Recovery in one Action of Trespass, is no Bar in ano∣ther, &c. Quod Curia concessit. But as to the matter, the Court was clear, That the Bar was good. And by Periam, Who ever pleaded it, it was well pleaded: For as by Recovery in an Assise, the Freehold is bound; so by Recovery in an Ejectione firmae, the possession is bound. And by Anderson, A Recovery in one Ejectione Firmae, is a Bar in another. Especially (as Periam said) if the party relyeth upon the Estoppel. And afterwards, Iudgment was given, That the Plaintiff should be barred.

Notes

* 1.1

1 Len. 313.

Back to content