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L. Mich. 15 Eliz. In the Common Pleas. Tottenham and Bedingfields Case.
* 1.1IN an Accompt by Tottenham against Bedingfield, who pleaded, That he never was his Bailiff to render accompt, the Case was, That the Plaintiff was possessed of a Parsonage for Term of years, and the Defendant not having any Interest, nor claiming any Title in them, took the Tythes being set forth, and severed from the 9 parts, and carried them away, and sold them. Vpon which, the Plaintiff brought an Action of Accompt: And by Man∣wood, Iustice, the Action doth not lie, for here is not any privity; for wrongs are always done without privity: And yet I do agree, That if one doth receive my Rents, I may implead him in a Writ of Accompt, and then by the bringing of my Action there is pri∣vity: and although he hath received my Rent, yet he hath not done any wrong to me; for that it is not my Mony until it be paid unto me, or unto another for my use, and by my Commandment: and therefore notwithstanding such his Receipt, I may resort to the Tenant of the Land, who ought to pay unto me the said Rent, and compel him to pay it to me again; and so in such case, where no wrong is done unto me,* 1.2 I may make a privity by my consent to have a Writ of Accompt: But if one disseiseth me of my Land, and taketh the profits thereof, upon that no Action of Accompt lieth; for it is meerly a wrong. And in the principal case, so soon as the Tythes were severed by the Parishioners, there they were pre∣sently in the Plaintiff, and therefore the Defendant by the taking of them, was a wrong doer, and no Action of Accompt for the same lieth against him. And upon the like reason was the Case of Monox of London lately adjudged; which was, That one devised Land to another,* 1.3 and died; and the Devisee entred, and held the Land devised for the space of 20 years; and afterwards for a certain cause, the Devise was adjudged void, and for that he to whom the Land descended, brought an Action of Accompt against the Devisee: And it was adjudged, That the Action did not lie. Harper, con∣trary; For here the Plaintiff may charge the Defendant as his Proctor, and it shall be no Plea for the Defendant to say, That he was not his Proctor, no more than in an Accompt against one who holdeth as Gardian in Socage, it is no plea for him to say, that he is not Prochein Amy to the Plaintiff. Dyer, The Action doth not lie; If an Accompt be brought against one as Receiver, he ought to be charged with the Receipt of the Mony: and an Accompt doth not lie, where the party pretends to be Owner, as against an Aba∣ter or Disseisor; but if one claimeth as Bailiff, he shall be charged, and so it is of Gardian in Socage.* 1.4 And it was agreed, That if a Disseisor assign another to receive the Rents, that the Disseisee cannot have an Accompt against such a Receivor.