Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke.
About this Item
Title
Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke.
Author
Popham, John, Sir, 1531?-1607.
Publication
London :: Printed by Tho. Roycroft for John Place and are to be sold at his shop ...,
1656.
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Subject terms
Law reports, digests, etc. -- England.
Cite this Item
"Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A55452.0001.001. University of Michigan Library Digital Collections. Accessed May 28, 2024.
Pages
Mich. 14. Jac. In the Kings Bench. Rawlinson versus Green.
A Copyholder surrendred out of Court, according to the custom of the Mannor, which at the next Court was presented, and entry therof made by the Steward, Scilicet Compertum est per homagium, &c. but no ad∣mittance; Afterwards Cestuy que use surrenders before admittance, and the first Copyholder surrenders to the Plaintiff: And in this case there were two questions.
1. Whether he may surrender before admittance?
2. Who shall have the Land? whether the first Copyholder, or the Lord? Haughton Iustice held that he could not surrender before admittance, and
descriptionPage 128
the entry of the surrender doth not make an admittance, for this being the sole act of the Steward, shall not bind the Lord, and it is not like to the usuall fo••m of an admittance, for that is, Dat Domino de fine fecit fi••elitatem & admissus est inde tenens. Doderidge Iustice agreed and said, that in Hare and Brickleys case, the admittance of a Copyholder was compared to the indu∣ction to a Benefice which gives the possession.
Notes
A ••ur••ender of Copyhold cannot sur∣render before admittance.