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.

CVII. Hinde and Lyons Case. Hill. 20 Eliz. In the Common Pleas.

* 1.1DEbt by Hinde, against one as Son and Heir of Sir John Lyon, who pleaded, Nothing by descent, but the third part of the Mannor of D. The Plaintiff replyed, Assets; And shewed for Assets, That the Defendant had the entire Mannor of B. by de∣scent; Vpon which they were at Issue; And it was given in Evi∣dence to the Iury, That the Mannor was holden by Knights-Ser∣vice, and that the said Sir John the Ancestor of the Defendant by his Will in writing devised the whole Mannor to his Wife, un∣til the Defendant his Son and Heir should come to the age of 24 years; And that at the age of the Son of 24 years, his Wife should hold the third part of the said Mannor for the Term of her life, and his Son should have the residue: And if his Son do die before he come to the age of 24 years without Heir of his body, that the Land should remain over to J.S. the Remainder over to another. The Devisor died, the Son came to the age of 24 years: Dyer and Mounson, Iustices, conceived, That here was not any Estate tail, and then for two parts he is not in by descent; For no Estate tail shall rise unless that the Son dieth before his said age, and there∣fore the Tayl never took effect, and the Feesimple descends and re∣mains in the Son, if not that he dieth before the age of 24 years, and then the whole vests with the Remainder over; but now ha∣ving attained the said age, he hath a Fee, and that by descent of the whole Mannor; and then his Plea is false, that but the third part descended. And a general Iudgment shall be given against him as of his own debt; And an Elegit shall issue forth of the moy∣ety of all his Lands, as well those which he hath by descent from the same Ancestor, as of his other Lands; And a Capias lieth

also against him. But Manwood, Iustice, conceived, That if a general Iudgment be given against the Heir by default, in such case a Capias doth not lie, although in case of a false Plea it lieth: But Dyer held the contrary. And the Writ against the Heir is in the debet & detinet; which proves, That in Law it is his own Debt. And he said, That he could shew a President where such an Action was maintainable against the Executor of the Heir.

Notes

• * 1.1

  2 Len. 11. Dyer. 124. Ante 64.