Reports of that reverend and learned judge, Sir Humphry Winch Knight sometimes one of the judges of the Court of Common Pleas : containing many choice cases, and excellent matters touching declarations, pleadings, demurrers, judgements, and resolutions in points of law, in the foure last years of the raign of King James, faithfully translated out of an exact french copie, with two alphabetical, and necessary table, the one of the names of the cases, the other of the principal matters contained in this book.

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Title: Reports of that reverend and learned judge, Sir Humphry Winch Knight sometimes one of the judges of the Court of Common Pleas : containing many choice cases, and excellent matters touching declarations, pleadings, demurrers, judgements, and resolutions in points of law, in the foure last years of the raign of King James, faithfully translated out of an exact french copie, with two alphabetical, and necessary table, the one of the names of the cases, the other of the principal matters contained in this book.
Author: England and Wales. Court of Common Pleas.
Publication: London :: Printed for W. Lee, D. Pakeman, and G. Bedell ...,; 1657.
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Subject terms: Law reports, digests, etc. -- Great Britain.
Link to this Item: http://name.umdl.umich.edu/A66613.0001.001
Cite this Item: "Reports of that reverend and learned judge, Sir Humphry Winch Knight sometimes one of the judges of the Court of Common Pleas : containing many choice cases, and excellent matters touching declarations, pleadings, demurrers, judgements, and resolutions in points of law, in the foure last years of the raign of King James, faithfully translated out of an exact french copie, with two alphabetical, and necessary table, the one of the names of the cases, the other of the principal matters contained in this book." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A66613.0001.001. University of Michigan Library Digital Collections. Accessed June 2, 2024.

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Entred in Easter Term in the 19th. year of King James Rot. 1672. Ellen Goldingham against Sir John Saunds.

ELlen Goldingham brought an action of Dower against Sir Iohn Saunds, to be indowed of the third part of the Mannor of Goldingham, and he vouched the son to warranty, as son and heir to Christopher Goldingham, husband of the demandant, who appeared, and entred into warranty freely, and he pleaded that he had nothing by descent from Christopher Goldingham his father, upon which plea the Tenant and the vouchee were at issue, and the demandant had judge∣ment against the Tenant to recover, but cesset executio until the voucher is deter∣mined: and after that, and before the day of the nisi prius Edward Goldingham died, and then at the day the Tenant lost by default, so is the Record, and now upon the prayer of the demandant to have a writ of seisin, these cases were moved.

First, by Serjeant Hendon, that the writ of seisin may be stayed, because as he said, the Tenant may revouch the heir of the heir, for it is not possible, that the vouchee should lose by default, because that he was dead, and therefore you may see, that he conceived, that where it is said in the Record viz. on the back of the postea, that the Tenant lost by default, he conceived that to be meant of the vouchee, and not of the Tenant in the writ of Dower: but Hutton was of opi∣nion, that admitting that it should be so intended, yet he may revouch, for there was a judgement given against him with a cesset executio till the voucher is de∣termined; and that is now determined by his death, and when judgement is once given he had not day in Court; but if the vouchee had died after the warranty, then he may revouch, but here the Court rather intended, that the record shall be meant that the Tenant in the writ of Dower made default, and then it is not possible, that ever he shall revouch, but they said, it had been more question if the Tenant had appeared at the day of the nisi prius, and had pleaded the death of the vouchee after the last continuance, and had prayed the advantage of his warranty: and at another day Hendon moved, that the judgement given against the Tenant was not good, for it was absolute with a cesset executio, where that ought to be a conditional judgement &c. against the Tenant if the vouchee had not assets, and if he had, then judgement against him according to the Lord Dyer 202. Mich. 3. Ma. Rot. 508. for otherwise the Tenant shall lose the benefit of his warrantie against the voucher, and so if the heir do confess the assets, yet the judgement shall be con∣ditional, for otherwise if he had not assets according to his confession, the deman∣dant shall have a new judgement against the Tenant, and of this opinion was Iones Iustice.

But Hutton said, that this was very well, and that the judgement may be ei∣ther wayes conditional, or absolute, and he said, that this is no prejudice to the warranty, for the Tenant may have a scire facias against the vouchee; but in this case day was given over till the next Term; and the Prothonotaries were com∣manded to search the presidents concerning that. See more after.