Reports of that learned and judicious clerk J. Gouldsborough, Esq. sometimes one of the protonotaries of the court of common pleas.: Or his collection of choice cases, and matters, agitated in all the courts at Westminster, in the latter yeares of the reign of Queen Elizabeth. With learned arguments at the barr, and on the bench, and the grave resolutions, and judgements, thereupon, of the Chief Justices, Anderson, and Popham, and the rest of the judges of those times. Never before published, and now printed by his original copy. With short notes in the margent, of the chief matters therein contained, with the yeare, terme, and number roll, of many of the cases. And two exact tables, viz. A briefer, of the names of the severall cases, with the nature of the actions on which they are founded, and a larger, of all the remarkable things contained in the whole book. By W. S. of the Inner Temple, Esq;
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Title
Reports of that learned and judicious clerk J. Gouldsborough, Esq. sometimes one of the protonotaries of the court of common pleas.: Or his collection of choice cases, and matters, agitated in all the courts at Westminster, in the latter yeares of the reign of Queen Elizabeth. With learned arguments at the barr, and on the bench, and the grave resolutions, and judgements, thereupon, of the Chief Justices, Anderson, and Popham, and the rest of the judges of those times. Never before published, and now printed by his original copy. With short notes in the margent, of the chief matters therein contained, with the yeare, terme, and number roll, of many of the cases. And two exact tables, viz. A briefer, of the names of the severall cases, with the nature of the actions on which they are founded, and a larger, of all the remarkable things contained in the whole book. By W. S. of the Inner Temple, Esq;
Author
Goldesborough, John, 1568-1618.
Publication
London :: Printed by W. W. for Charles Adams, and are to be sold at his shop at the signe of the Marygold over against Fetter Lane in Fleetstreet,
Anno Dom. 1653.
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Subject terms
Law reports, digests, etc. -- England
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"Reports of that learned and judicious clerk J. Gouldsborough, Esq. sometimes one of the protonotaries of the court of common pleas.: Or his collection of choice cases, and matters, agitated in all the courts at Westminster, in the latter yeares of the reign of Queen Elizabeth. With learned arguments at the barr, and on the bench, and the grave resolutions, and judgements, thereupon, of the Chief Justices, Anderson, and Popham, and the rest of the judges of those times. Never before published, and now printed by his original copy. With short notes in the margent, of the chief matters therein contained, with the yeare, terme, and number roll, of many of the cases. And two exact tables, viz. A briefer, of the names of the severall cases, with the nature of the actions on which they are founded, and a larger, of all the remarkable things contained in the whole book. By W. S. of the Inner Temple, Esq;." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A85496.0001.001. University of Michigan Library Digital Collections. Accessed May 18, 2024.
Pages
2.
PRice brought an Action of Trover against Sir Walter Sands; And
this was for finding of Corn. And the first point of the case was,
That a man had a Lease in Reversion, and granted it to another by
fraud, and his Grantee granted that over to Sir Walter Sands, bona
fide. And if this Grant over bona fide being derived out of a Fraudu∣lent
Estate shall be void, per the Statute of 27 Eliz. or not, was the
question.
Harris Serjeant
It seemeth the Grant to Sir Walter Sands
to be good; And not within the Statute of 27 Eliz. For 33 He••. 6.
28. If a man make a Feoffment in Fee by Collusion, to the intent to
defraud the Lord of the Wardship; And after this Feoffee by Collu∣sion
make a Feoffment over, bona fide, Now the Lord is without
remedy, for the Collusion is gone. And in this case there is an igno∣rance
in Sir Walter Sands, the which is not willfull, and for that it is
not punishable: But if the other had taken the profits, so that the pur∣chaser
might have notice, there it should be otherwise. The •• cause
was, non constat whether the Grant were before the Statute of 27 Eliz.
or not. For if it were before, then the party shall not answer the
mean profits. Allso a third matter is, ten yeares of the Term was
descriptionPage 119
granted for money; But when he granted the Residue of the Term and
no Consideration expressed, then there shall be no, consideration in∣tended.
And if there were no Consideration given, he is not holpen by
the Statute: For that helpeth a Frandulent Conveyance against pur∣chasers
for Consideration given or paid, Et non constat that any thing
was paid by the Plaintif. Allso it appeareth that Sir VValter Sands
was in possession at the making of the Statute. Allso here the party
is charged with a speciall fraud; And the other saith, that it was
made bona fide. And this is a good course of pleading without any
Traverse, per 4 Ed. 4. 24.