A brings trespass against B. de clauso fracto in Dale, B. pleads a recovery in assise, against A. by, himself, of the land ; the plaintiff replies that it was not comprised within the recovery by assise : the trial shall be by jurors without any of the former assise. It is otherwise, when an assise is brought, and such recovery pleaded : there the trial shall be by some of the jurors of the first assise, and by others. For damages are only to be recovered in the first case ; but in the latter, the freehold.
[1220] EngR 16, (1220-1623) Jenk 117, (1220) 145 ER 82 (C)
Commonlii
England and Wales
Updated: 20 October 2021; Ref: scu.460928