Case LXIX 1 Lev 198 3 Co 13 A B 29 Ass Pl 23 24 E 3, 28, 30, Sir John Langford’s Case Sir William Herbert’s Case, 3 Co 11 Dyer, 315 Age, Stat Prerogative, Recognizance, etc: 3 Jan 1220

If when the conusor is dead, a scire facias is awarded against the heir and tertenants, and the sheriff returns all warned (though in truth he has omitted one or other) ; the tenants are put to their audita querela, and cannot plead this matter to the scire facias ; for it is against the sheriff’s return.

Citations:

[1220] EngR 39, (1220-1623) Jenk 36, (1220) 145 ER 26

Links:

Commonlii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 12 April 2022; Ref: scu.460951