CCCXL. Brokesby and Wickham's Case. Hill. 32 Eliz. In the Common Pleas.
* 1.1A Quare Impedit was brought by Bartholomew Brokesby, against the Bishop of Lincoln and Wickham, Pasch. 30 Eliz. Rot. 1815. The Case was, That Robert Brokesby was seised of the Mannor of Sholby in Fee, to which the Advowson was appendant; and, the Church being full, granted to Humphrey Brokesby and the Plaintiff his two Sons, the next Avoidance of the said Church; Afterwards the Church became void; Humphrey by Deed released all his right, estate, and interest which then he had of and in the Advowson of the Church aforesaid for the said Avoidance. Bartholomew sole presented, and the Defendants did disturb him. The Bishop pleaded, That he claimed nothing but as Ordinary. Wickham pleaded a Lease made of the Mannor with the appurtenances, by the said Bartholomew, to one Starkey for years, before the Grant made, ut supra, to Humphrey and Bartholomew; which Starkey presented him: Vpon which they were at Issue, and found for the Plaintiff, That the Grant was before the Lease. It was holden by the Court, That this Release was meerly void, for here was not any Interest to be released; but a power to present, and an Authority annexed to the person. And afterwards by the A∣ward of the Court, the Writ was abated. See 11 Eliz. Dyer 253.