Debt upon an obligation of six hundred pounds, dated 4th September, 37 Eh. conditioned, that if he were seised in his demesne as of fee, the (lay of the obligation made, of such copyhold lands in Sybton-Docking, and if the said lands be discharged of all incumbrances made by him, except the estate and title of jonture of his wife Elizabeth, that the the obligation should be void. The breach is assigned in hoc, that the defendant, before the obligation made, had surrendered those lands apud Sybton praeclict. to the use of Elizabeth his wife for life. The defendarrt pleaded, that he did riot surrender it modo et format The plaintiff sur-rejoins, quod sursum reddidit apud Sybton-Docking, modo et forma, and co and thereupon a venire facias was awarded to Sybton, and tried for the plaintiff, and judgment accordingly. Error was now thereof brought.
And the first error assigned was, because the veniire facias is from Sybtori, where it ought to have been from Sybton-Docking; for so is the rejoinder, which makes the issue.
Citations:
[1653] EngR 2235, (1653) Cro Eliz 762, (1653) 78 ER 993
Links:
Jurisdiction:
England and Wales
Litigation Practice
Updated: 08 May 2022; Ref: scu.414542