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Jurisdictions: or, The lawful authority of courts leet, courts baron, court of marshallseys, court of pypowder, and ancient demesne : together with the most necessary learning of tenures, and all their incidents, of essoynes, imparlance, view; of all manner of pleadings, of contracts, of the nature of all sorts of actions, of maintenance; of diverse other things, very profitable for all students of innes of court and chancery : and a most perfect directory for all stewards of any the sayd courts. / Heretofore writ in French by the methodically learned, John Kitchin of Grays-Inne, Esq; and now most exactly rendred to more ample advantage in the English tongue; with a demonstrative table, pointing out all matter of consequence, throughout the whole work. Whereunto is added the authentick formes of all manner of writs, with their severall returnes in English, very usefull for all men in this Common-wealth, as they be now used.

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Title
Jurisdictions: or, The lawful authority of courts leet, courts baron, court of marshallseys, court of pypowder, and ancient demesne : together with the most necessary learning of tenures, and all their incidents, of essoynes, imparlance, view; of all manner of pleadings, of contracts, of the nature of all sorts of actions, of maintenance; of diverse other things, very profitable for all students of innes of court and chancery : and a most perfect directory for all stewards of any the sayd courts. / Heretofore writ in French by the methodically learned, John Kitchin of Grays-Inne, Esq; and now most exactly rendred to more ample advantage in the English tongue; with a demonstrative table, pointing out all matter of consequence, throughout the whole work. Whereunto is added the authentick formes of all manner of writs, with their severall returnes in English, very usefull for all men in this Common-wealth, as they be now used.
Author
Kitchin, John.
Publication
London :: Printed by T: Roycroft, for M: Walbanke at Grays-Inne Gate, and H: Twyford, in Vine Court in the Middle Temple,
1651.
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Subject terms
Courts baron and courts leet
Courts of special jurisdiction -- England
Pleading -- England
Writs -- England
Real property -- England
Link to this Item
http://name.umdl.umich.edu/A87798.0001.001
Cite this Item
"Jurisdictions: or, The lawful authority of courts leet, courts baron, court of marshallseys, court of pypowder, and ancient demesne : together with the most necessary learning of tenures, and all their incidents, of essoynes, imparlance, view; of all manner of pleadings, of contracts, of the nature of all sorts of actions, of maintenance; of diverse other things, very profitable for all students of innes of court and chancery : and a most perfect directory for all stewards of any the sayd courts. / Heretofore writ in French by the methodically learned, John Kitchin of Grays-Inne, Esq; and now most exactly rendred to more ample advantage in the English tongue; with a demonstrative table, pointing out all matter of consequence, throughout the whole work. Whereunto is added the authentick formes of all manner of writs, with their severall returnes in English, very usefull for all men in this Common-wealth, as they be now used." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A87798.0001.001. University of Michigan Library Digital Collections. Accessed June 12, 2024.

Pages

Page 273

Where Mortdancester lyeth.

IT lyes for the Heir, where his Father, Mother, Brother, Sister, Uncle, Aunt, Nephew, or Neece, dieth seised of any Lands of an estate in Fee, and an Estranger abates, there the Heir shall have a Mordancester, and when his Fa∣ther were seised and disseised, the day that he dyed, yet it lyes. Fitzh: fol. 195. C.D.

If Tenent by the Curtesie alien, the Heir shall have Mor∣dancester unlesse he hath assets by him, And if a Guardian hold over, the Heir at full age shall have a Mortdancester: Fitzh: fol: 196. E. F.

Mordancester doth not lye upon Lands devisable by Will, and it is reason, for it is true, that the Ancester was seised, the day that he dyed, and that he dyed seised, and the Te∣nant is Heir in apparence. Fitzh: fol: 196. I. 4 Ed: 2. Fitzh: Mordancester 39.

It is a good bar to plead devise of the same Ancester, and so it seems where there is a devise now by the Statute of Wills, Abridg: Book of Assises, fol: 120. & 32 H. 8. Chap. 2.

One Coparcener shall not have a Mortdancester against another, where their Ancester dyed seised, and one enters in all, and holds out his companion, but (nuper obiit) and if the Ancester dye seised of an estate tail and one enter, and deforce the other, he shall have a Formedon, and not a Mortdaneester. Fitzh: fol: 196. L.

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