Page 204
CCLVIII. Rush and Heighgate's Case. 30 Eliz. In the Exchequer.
* 1.1PRocess was awarded out of the Exchequer, against Rush, for the levying of the sum of 200 l. which he owed to the Queen; Vpon which, It was found by Office, That Rush, 22 Junii, 22 Eliz. was possessed of Lands for the Term of divers years then and yet to come; And the Debt of the Queen began 12 Feb. 17 Eliz. And upon the Retorn of this Office, came one Heigh∣gate, and shewed, That the said Rush, 16 Eliz. was possessed of the said Lease, and the same year assigned the same to the said Heighgate, and traversed the Office.
Exception was taken to the Inquisition, Because that the Lease is not certainly set forth; scil. the number of the years in certainty.
Cook, The Office is sufficient enough, notwithstanding this Exception, for the Queen is a stranger to the Lease, and there∣fore she shall not be driven to set forth the certainty. See 7 E. 6. Plowden, 85. Partridge's Case, upon the Statute of 32 H. 8. con∣cerning pretended Titles, &c. there the Informer declared, That ihe Defendant had Leased Lands for years against the said Sta∣tute, &c. without shewing the number of the years; and the In∣formation was holden good enough: for it is impossible, that a stranger have notice of every certainty, &c. and it is dangerous to meddle with such a particular certainty of the Lease, and to miss it: And in this Case, for as much as Heighgate comes to this Lease not by voluntary Contract, but by compulsory means; scil. by Execution upon the Statute, he cannot by common Intend∣ment have notice of every particular Circumstance and Article of the Lease, as he may in case of a voluntary Contract. And also, although in pleading, the number of the years ought to be expres∣sed, yet in an Inquisition such precise pleading is not requisite. See 15 H. 7. 7. An estate tail, and dying seised of it, was found by Of∣fice, without shewing of whose gift it was; and good enough.