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.
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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
LXXIX. Mich. 15 Eliz. In the Common Pleas.
* 1.1THe Case was; A Man was seised of a Pasture, in which was two great Groves, and a Wood, known by the name of a Wood; And also in the same Pasture were certain Hedge-Rowes and Trees there growing Sparsim, Leased the same by Indenture for years. And by the same Indenture bargained and sold to the Lessee, all Woods and Vnderwoods in and upon the Premisses: And further, That it should and might be lawful to the Lessee to cut down and carry away the same at all times during the Term. Harper, Iustice, The Hedge-Rowes did not pass by these words, Hedge-Rowes sparsim. Dyer, The Hedge-Rowes shall pass, for
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the Grant is general, All Woods. Mounson, contrary; For the words of the Grant may be supplyed by other words. It was moved further, If by these words, the Lessee may cut them oftner than once? And by Harper, Manwood, and Mounson, He can cut them but once. Dyer, contrary; And so it should be, if the words had been, Growing upon the Premisses. And this word (Growing,) although it sounds in the present Tense, yet it shall be also taken in the future Tense, if the word (tunc) had not been alledged; for it is a word of restraint. The Case which was argued in the Chan∣cery, 27 H. 8. where I was present, was such, The Prior of St. John of Jerusalem Leased a Commandry; Provided, That if the said Prior, or any of his Brethren there being Commanders, will dwell thereupon, then the said Lease to be void. It was doubted, If that did extend to the Successors, for the word (Being) is in the present Tense. And yet it was holden by Fitzherbert, That it should be taken in the future Tense, and so extend to the Suc∣cessors: Otherwise, if the words had been (Nunc) Being.