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.

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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 15, 2024.

Pages

R.

Ravishment de Gard.
  • BY the Plaintiff, as Prochein Amy, A. 111.
Recital.
  • Mis-recital in a Deed that leads the uses of a Fine, C. 135, 136.
  • In Articles of Agreement that the Lessor was possessed by lawful Title, binds to performance, A. 122.
  • Want thereof in the Lease of the King, A. 12. Stat. 6 H. 8. 15. A. 12, 321. C. 5, 6, 242, 243, 244 to 250.
  • A void Lease or one expired needs not be reci∣ted in the Kings Grant, C. 243, 244.
  • Recital in Patents ought to be very strict, C. 246, 247.
  • No recital necessary, where the second Patent de∣termines the first, C. 247.
Recognizance.
  • Cannot be taken by any by prescription, A. 131.
  • Upon Recognizance by Custom in London, Debt lies only in their own Courts, A. 130, 131.
  • If a Capias lies immediately upon a Recogni∣zance in Chancery, B. 84 to 89, 220.
  • If Debt lies upon it before or after Judgment upon the Scire facias, B. 84 to 88, 220.
  • Debt brought upon a Recognizance, but non con∣stat where it was acknowledged, C. 58.

    Page [unnumbered]

    Record.
    • Of an Assise brought into the Common Bench by Error, how to be remanded to the Judges of Assise; for Error lies not in C. B. A. 55.
    • Pleading of a Record in the same Court, A. 63, 65.
    • Where and for whom Averment lieth against a Record, A. 183, 184.
    • Removed by a vicious Writ of Error or before Judgment given, the Record is still in the first Court, B. 1, 2.
    • A Recordatur made per Car. of a Record mistaken, B. 120.
    Recovery.
    • The form thereof where the Vouchee comes in by Attorny, A. 86.
    • Against an Infant per Gardianum, A. 211.
    • A Recovery by one Joynt-Tenant, binds only his own moiety, A. 270.
    • The execution thereof necessary in some cases, B. 48.
    • By Estoppel, B. 57.
    • Recoveror is seised to the use of him who suffers it until other Uses are limited, B. 63, 64, 66.
    • See Stat. 21 H. 8. who may falsify a Recovery; For what reasons Recoveries do dock remainders after an Estate tall, B. 66.
    • Recovery to the intent that the Recoverors shall make Estates, if such Estates be not made in con∣venient time, in whom the Freehold is, B. 216, 217, 218.
    • What issue is bound thereby per Stat. 32 H. 8. B. 224.
    Recouper.
    • If the Lessor covenant to repair the House and do not, Lessee may do it, and recouper out of his Rent, A. 237.
    Recusant.
    • If Copyhold Lands were liable to seisure for Re∣cusancy before the Stat. 35 Eliz. 2. A. 98, 99.
    • Within what time Action upon the Stat. 23 El. 1. must be brought, A. 239.
    • The Indictment needs not name the offender of a Parish, but a Vill, B. 167.
    Redisseisin.
    • Whether the Plaintiff may have it after Entry, the Judgment therein, A. 69.
    Relation.
    • Of a Participle of the present Tense without the word adtunc, A. 61, 172.
    • Of an Attornment, A. 265, 266. B. 222.
    • Of words in an Indictment, B. 5.
    • Of a Deed enrolled to vest Lands in the King, B. 206, 207.
    • Of agreement to a Disseisin, Feoffment, &c. B. 223.
    Release.
    • Where a Covenant in the same Deed shall release other part of the same Deed, A. 117. C. 113.
    • Of a chose en action nihil operatur, A. 167. C. 256.
    • If an Heir release to the Disseisor, and after his Ancestor dies, it does not bind the Heir, B. 47, 56, 57.
    • A promise may be released by Parol, B. 76.
    • See where a release to a Stranger may discharge a Bond, C. 45.
    • Release of Covenants before any broken, dis∣charges the Bond for performance, C. 69.
    • To what Tenant in possession it is available, C. 152, 153.
    • One Grantee of a prochein avoidance cannot re∣lease to his Companion, A. 167. C. 256.
    Relief.
    • The Heir of one Coparcener shall pay none, be∣cause it is an intire thing, C. 13.
    Remainder and Reversion.
    • In Fee after a Lease for life, where not dis∣continued by a Fine levied by Tenant for life, A. 40.
    • Cannot vest in the right Heirs of one in the Feoffors life, unless it begin first in the Feoffor, A. 101, 102.
    • Where an Estate shall vest as a remainder, where as a reversion, A. 182. B. 33, 34.
    • A Reversion after an Estate for life passeth by Devise of all Lands and Tenements, A. 180, 181.
    • When a Remainder limited upon an Estate which is void, as (a Gift to a Monk for life, remainder over) shall take effect, A. 195, 196, 197.
    • Lease for nine years determinable, upon death of the Lessee, and if he die within the Term, the remainder of the Term to his Wife; a void remain∣der, A. 218.
    • The difference between a remainder limited up∣on a contingency which may never happen, and one that must and will happen, A. 244. B. 82, 83.
    • Devise to J.S. & haered. to Uses in tail, after the Estate tail spent, The Devisor shall have the fee, A. 254.
    • If one of two Disseisees release to one of two Disseisors, and the Tenant who released not do enter, the Reversion is revested pro toto, A. 264.
    • If a remainder may be limited upon a Conditi∣on, A. 283.
    • Feoffment to J.S. & primogenito filio suo, If the Son be born after the Feoffment, he shall take by re∣mainder, B 15.
    • If the remainder of a Term for years be good, B. 69. C. 110, 111, 197, 199.
    • Remainder executed by moieties, upon a Gift to a Feme for life, remainder to their Heirs, C. 4.
    • Grantee of a Reversion shall recover Damages only for breach of Covenant made since the Grant, C. 51.
    • ...

    Page [unnumbered]

    • What acts, as Extents, Grants, &c. do take a Re∣version forth of him that had it, C. 156.
    Remitter.
    • Where it shall be, A. 6, 7, 37. C. 93, 94.
    • Tenant in tail creates a new intail upon condi∣tion, which his issue breaks, yet he is remitted after his Fathers death, A. 91.
    • Land given to Husband and Wife in tail before Marriage, and the Baron aliens and takes back an Estate to him and his Wife for life, both are remit∣ted, A. 115. C. 93, 94.
    • The Father enfeoffs the Heir who never agrees and dies, the Heir is remitted, B. 73.
    • Father enfeoffs his younger Son, who dies, his Wife priviment enseint of a Son, the elder Son enters; he is remitted, Quaere, C. 2.
    • If one may be remitted against a Warranty, C. 10.
    • Waived by the Wife (who was Tenant in tail with her Husband) her payment of Rent, which was reserved upon a Devise, C. 272.
    Rent.
    • What is a Rent, what a sum in gross, A. 137, 138, 269, 333, 334. C. 103.
    • Rent reserved by a Lease for years, becomes seck if it be granted over, A. 315.
    • Divers ways of suspending Rents, and how they are revived, 334.
    • To what remainder or reversion it shall be inci∣dent, B. 33, 34.
    • If a Rent may be divided to equal a devise of Soccage and Capite Lands, B. 42, 43.
    • Shall follow the Reversion, although reserved to Executors, B. 214.
    • Contrary to a sum reserved to Executors upon a Mortgage of Land, C. 103.
    • Rent payable at two Feasts, is to be paid by e∣qual portions, C. 235.
    • By destroying a Reversion, a Rent which fol∣lowed it is extinguished, C. 261.
    Repleader.
    • None after Demurrer, A. 79.
    • After an unapt issue, A. 90.
    Replevin and Avowry.
    • Avowry for Rent reserved upon a Feoffment in fee, and for sult of Court, A. 13.
    • Bar by non Cepit, and what is good evidence therein, A. 42.
    • By property in a Stranger, Ibid.
    • Where the Plaintiff or Avowant may vary from the number of the Cattle, A. 43.
    • Plaintiff cannot discontinue without leave of the Court, A. 105.
    • Avowry for Damage Feasant in Customary Lands leased to the Avowant, A. 288.
    • Avowry by the Stat. 21 H. 8. cap. 19. A. 301.
    • Avowry for a Leet Fee, B. 74.
    • Bar to an Avowry made by a Bailiff, that he took the Cattle de injuria, &c. and traverse, that he took them as Baily, B. 215.
    • For an amerciament for not appearing at a Leet, C. 14.
    • If the Plaintiff be nonsuit, the Court may assess Damages without a Writ of Inquiry, if the Avowry be for Rent, C. 213.
    Reputation.
    • The signification of the word in Grants reputat. fore parcel. A. 15.
    Request.
    • When needful, C. 73.
    • In Assumpsit, where it must be special, A. 118, 123, 221, 287. B. 22, 215. C. 73, 200, 201.
    • The like in Covenant, A. 124, 125, 169.
    • Promise to pay Mony at a certain day, No re∣quest necessary, A. 221.
    • Is traversable in Covenant, where the Covenant is to be performed upon Request, B. 5.
    • Want thereof, where necessary, not aided by Ver∣dict, B. 117.
    • If a Joynt Request be good of several distinct Contracts, C. 206.
    Resceit.
    • The Wife shall not be received, if her right be not bound, A. 86. Cont. B. 9.
    • One in remainder received, although he might falsifie the recovery, A. 86.
    • If Tenant for life do not pray to be received, he in remainder may do it, A. 262.
    • By Executors where the Term was limited to the Testator for life, remainder to his Executors for years, B. 6.
    • Stat. W. 2. c. 3. & 13 R. 2. of Resceit, B. 62.
    • Stat. Glouc. of Resceit of Tenant for years, B. 65. C. 169.
    • In what cases the Tenant by Receit shall have day to plead, or plead presently, C. 168, 169.
    • Upon Resceit of one for a moiety, the Plaintiff shall not have Judgment for a moiety, C. 169.
    • Where a Termor prays to be received, if he must aver the Writ to be brought against the Tenant by fraud, C. 168, 169.
    Restitution.
    • Utlary in Felony against the Testator reversed by Error by the Executor, and restitution de bonis, A. 326.
    • Upon a Forcible Entry, he in Reversion shall be restored, and then Lessee may enter, A. 327.
    • Goods sold by Fieri facias, not to be restored if the Judgment be reversed, B. 90.
    • Of Goods stolen, upon an Utlary in Appeal of Robbery, B. 108.
    Retorn of Sheriffs.
    • Upon a Capias pro fine ret. Cepi Corpus, and upon the Cap. ad satisf. ret. non est invent. and fined, for contradictory, A. 51.
    • Upon a Writ of Hab. Corp. amended, A. 145.
    • Where an Averment shall be against it, and for whom; where not. A. 183, 184.
    • ...

    Page [unnumbered]

    • Upon Elegit, that there was a former Writ exe∣cuted in the same case; if good, B. 12, 13.
    • What is a good retorn in a Writ of Replevin, or retorno habendo, B. 67.
    • Upon a Fieri facias against Executors after Ver∣dict, upon plene administr. the Sheriff cannot retorn nulla bona, B. 67. Cont. C. 2.
    • Cannot retorn tarde as to part, B. 175.
    Retraxit.
    • Cannot be before a Declaration, so as to make a perpetual Bar, C. 19.
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