The Attvrneys gvide, for suing out of fines, concords, and recoveries, &c. Being choice and exact presidents for all sorts of fines, concords, and recoveries. Together with full instructions in all proceedings relating thereunto, and the certain charges of the same. With a table of all the particulars. / Perused and approved by G.T. an able practioner, and others.

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Title
The Attvrneys gvide, for suing out of fines, concords, and recoveries, &c. Being choice and exact presidents for all sorts of fines, concords, and recoveries. Together with full instructions in all proceedings relating thereunto, and the certain charges of the same. With a table of all the particulars. / Perused and approved by G.T. an able practioner, and others.
Publication
London, :: Printed by F.L. for Tho. Firby, and are to be sold at his shop, near Grays-Inn Gate,
1656.
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Subject terms
Lawyers -- Great Britain -- Handbooks, manuals, etc. -- Early works to 1800.
Forms (Law) -- England -- Early works to 1800.
Link to this Item
http://name.umdl.umich.edu/A78161.0001.001
Cite this Item
"The Attvrneys gvide, for suing out of fines, concords, and recoveries, &c. Being choice and exact presidents for all sorts of fines, concords, and recoveries. Together with full instructions in all proceedings relating thereunto, and the certain charges of the same. With a table of all the particulars. / Perused and approved by G.T. an able practioner, and others." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A78161.0001.001. University of Michigan Library Digital Collections. Accessed June 15, 2024.

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What Persons be compellable to atturn by Quid Juris clamat, and what not.

* 1.1THe writ of Quid Juris clamat, lyeth a∣gainst the particular Tenant of the Land for life, 34. H. 6. b. Nat. Br. fo. 168. b. Fitz. Nat. fo. 147. a 49. h. though he be but a Tenant for life of Land holden in Capite, or a * 1.2 Feme Covert 45. E. 3. 11.

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And a Tenant for years shall atturn 3 H. * 1.3 4. 3.

* 1.4But Tenant in tail is not compellable be∣cause of the estate of inheritance which is in him, 38. E. 3. 20. Nor Tenant in tail after * 1.5 possibility of issue extinct, for the inheritance that was once in him. 43. E. 3. 1. 46. E. 3. 13. et 72.

* 1.6A particular Tenant for Lands holden in Capite, is not compellable to atturn with∣out sight of Licence of alienation, lest his Lands should be subject to a Fine for the alie∣nation without licence, 45. E. 3. 6.

* 1.7If A. and B. have an estate for ten years, as executors, and B. have five years in rever∣ūon in his own right, he must atturn, be∣cause he is possessed of the whole term and the attornment of one executor of a Term is good enough, 32. E. 3. Fitz. Quid Juris 5. p. Stanh.

* 1.8But if A. Lease to B. and C. for six years, and after confirm the Estate of B. for life, the note of the fine shall make mention of B. onely, per Seton. 32. E. 3. Fitz. Quid Ju∣ris, &c. 5.

* 1.9If Tenant in Dower or by Courtesie grant their estate, yet the Quid Jur. clam. ly∣eth against them, for none but they can be Tenant in Dower, or by the Couttesie, 18. E. 3 5.

* 1.10If a Leasee for years with livery be upon Condition, that if the Leasee pay 10 pound such a day, or the Leasor die within the term &c. He shall have Fee, if before the day the Lessor alien by Fine, this Tenant shall atturn

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(salvis advantagijs) And yet if he pay the ten pounds at the day, or the lessor die during the Term, the leasee shall have have fee. 6 R. 2. Fitz. Quid Juris clamat. 20.

* 1.11If a Quid Juris clamat be against two, as Tenants in the Common, he which appear∣eth must atturn, if he plead not that they are joynt-tenants, 16. E. 3. Fitz. Quid Juris 21. * 1.12

If a particular Tenant grant over his e∣state after the note levied, yet must he atturn. 17. E. 3. Fitz. Quid Juris, 11.

* 1.13If the Tenant atturn once upon the grant of the Cognisors he shall atturn no more, 4. E. 3. Fitz. Quid Jur. 45.

* 1.14If a joint-tenant or tenant in Common of a Reversion, grant his part by Fine, the parti∣cular Tenant shall not be compelled to atturn 5. E. 3. Fitz. Quid Jur. 40.

* 1.15Upon a Lease for life upon condition that if the Leasee die within twenty years that his Executors, Administrators or Assigns shall hold unto the end of twenty years: the Les∣see shall atturn as Tenant for life, with pro∣testation to save his interest, 16. E. 3. 20. E. 3. Fitz. Quid Jur. 22. 31.

* 1.16If the reversion of two joynt Tenants for life be granted by Fine, supposing the one to be sole Tenant, the Tenant is not compella∣ble to atturn, 32. E. 3. Fitz. Quid Jur. 5. per Seton.

* 1.17But Tenant by Statute or elegit seemeth not compellable to atturn, because the cog∣nisor cannot compel him to account, and he may hold the Lands, after his sum satisfied,

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until he have levied his damages, 6. E 3. 53. Fitz. Fines 99. E. 3, F. Quid Juris 47.

* 1.18Nor a Tenant for life, where the Hus∣band sole is Cognisor of his Wives land: for if he do atturn, the Wife surviving, her Husband may enter for forfeiture, 27. E. 3.

* 1.19And a Clerk which hath no lay fee is not compelled to atturn, 38. E. 3. 18.

* 1.20Nor Tenant for life in reversion or remain∣der 34. H. 6. b.

* 1.21Nor Tenant in Frank marriage lib. Intr. Quid Juris clamat 10.

Nor an Infant, 43. E. 3. 1.

Nor a Lunatick mad man or Ideot as it seemeth, because of their disabilities.

But atturnment made by such persons as are able, but not compellable to atturn, is good. 12. E. 4, Nat. Br. fo. 170. b.

* 1.22And an atturnent may be with an excep∣on if the Tenant have a Lease for life without impeachment of wast, as he may atturn, sa∣ving his advantage, and it shall be so entred 45. E. 3. 11. 24. E. 3

* 1.23If the Tenant have Covenants to repaire &c. 48. E. 3. 32. or have an annuity out of the Land, 48. E. 3. 32. or Covenant of war∣ranty or acquitall, 41. E. 3. 48. or to fell trees, he may atturn, saving these advanta∣ges.

* 1.24If A. seised of Lands in fee thereof enfe∣off B. to the use of the said A. for life, and af∣ter to the use of his Executors and Assigns for twenty years after his death: And then to

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the use of C. in fee, Quere whether A. shall be compelled to atturn in Quid Juris clamat supposing him Tenant for life only, and not mentioning the Term, without saving of his Term by protestation, Dyer fo. 309. pl. 77. 14. El.

No view lieth in a Quid Juris clamat, 15. E. 4. 28.

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