LXXV. Riches Case. Mich. 15 Eliz. In the Common Pleas.
ELizabeth Rich brought a Writ of Dower against J.S. who pleaded, and Iudgment given for the Defendant, and after∣wards the Iudgment was reversed. And she brought a new Writ of Dower, and the Tenant pleaded, That he always was ready, and yet is, &c. Against which the Demandant pleaded the first Re∣cord to estop the Tenant. To which the Tenant pleaded, Nul tiel Record. It was the Opinion of the Court, That here the Deman∣dant cannot conclude the Tenant by that Replication, to plead, Nul tiel Record; For the Iudgment is reversed, and so no Record, and it cannot be certified a Record. But if the Tenant had taken Issue upon the plea of the Tenant abs{que} hoc, that he was ready; the same might well have been given in Evidence against the Tenant.
Note: That the Case was, That the Demandant after the death of her Husband entred into the Land in Demand, and con∣tinued the possession of it 5 years; and afterwards the Heir en∣tred; upon which she brought Dower. It was agreed in that Case, That the Tenant needed not to plead, Tout temps prist. after his re-entry; for the time the Demandant had occupied the same, is a sufficient recompence for the Damages.