Dismes demanded of abbey-lands, entailed before the statute of 31 Hen. 8. Benl. 143. Hetl. 135. Dismes Br. 17.
Inter Farmer and Sherernan in prohibition the case fell out, that an abbot having a privilege to be discharged of tythes quamdiu manibus propriis, in the time of E. 4. made a gift in tail, and 31 H. 8. the abbey was dissolved. The question was, whether the donee of the issue should be discharged. It seemeth clear he shall not be discharged, for the statute dischargeth none; but as the abbot was discharged at the time of the dissolution, so they must claim the estate and discharge under the abbot, since the statute, so if by a common recovery the reversion had been barred before or after the statute: but if the land had returned to the abbot or King, before or after the statute, the case had been otherwise.
Citations:
[1792] EngR 808, (1792) Hob 248, (1792) 80 ER 394 (C)
Links:
Ecclesiastical, Land
Updated: 02 May 2022; Ref: scu.359020