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.
About this Item
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 16, 2024.
Pages
Quid Juris clamat.
Quid Juris clam. is a Judicial writ, & issueth ••ut of the Record of the Fine, remaining in the keeping of the Custos brevium of the Common place, Plo. 43. b. before it be ingrossed, for after the ingrossing it cannot be had, Plo. fo: 431. b. 22, H. 6. 13. F. Nat. Br. 147 a. which lyeth for the grantee of a reversion or remainder, when the particular Tenant will not atturn to enforce him to atturn, 22. H. 6. 13. Plo. 431. b, And it is made in this form.
* 1.1O. &c. To the Sheriff greeting, we command you that you cause to come before our Justices, &c. (••ali die) G. and A. his Wife, to know what right they claim in one Messu∣age, &c. with the ••p••urtenances in B. which Tenements with the appurtena••ces, M. who was the Wife of G. in our Court &c. hath
descriptionPage 205
granted to A. of B. by a Fine thereof there between them made, And have you &c.
And the final cause of this writ of quid Ju∣ris clamat is that the grantee or cognisee of the reversion or remainder, may by that Atturn∣ment of the particular Tenant, be enabled (if cause be given) to bring an Action of wast or to avow for rent reserved, or services behind which he cannot do without Atturnment Plo, fo. 431. b. 22. H. 6. 13.
* 1.2Tenant in Dower shall atturn. though the writ suppose her to be Tenant for life, be∣cause she claimeth no greater estate than Frank Tenement Hil. 3. E. Fitz. Quid Ju∣ris clamat 3. yet it seemeth she thereby loo∣seth her warranty, and advantage to be new∣ly endowed, if she be evicted 10. E. 3. Fitz. Quid juris clamat, &c. 41.
If a gift be for life, the remainder for life, the writ must mention the remainder Hil. 3. E. 3. 15. Fitz. Fines 9.
It is meet therefore to learn who are com∣pellable hereby to atrurn and who not, and by whom.