| 1443.109 |
1443 |
Common Pleas |
Detinue of a charter |
Detinue |
| Mich. |
22 |
Hen. 6 |
50 |
33a-33b |
Danby, Robert Sjt (for P)
Paston, William JCP
Newton, Richard CJCP
Danby, Robert Sjt (mentioned)
Fulthorpe, Thomas JCP
Markham, John Sjt
Newton, Richard CJCP
Fulthorpe, Thomas JCP (thrice mentioned)
Portyngton, John JCP
Newton, Richard CJCP (mentioned)
Danby, Robert Sjt (mentioned)
Newton, Richard CJCP |
Row or Rows |
John |
|
|
|
Creechurch, Prior of
Creechurch, Convent of |
Creechurch, religious house of |
|
Fitzherbert Judgement 30
Brooke Generall issue 19 |
|
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| John Row port brief de Detinue envers J.M. & counta coment le Prior & Covent de Creechurch soub |
36 |
Plaintiff counted that a prior and covent granted to defendant a corrody, pension and office of porter for a term of life, and that defendant sold these to plaintiff but did not deliver the covent's charter.
Defendant pleaded that he detained nothing.
The parties were at issue.
The inquest was taken, who found the grant of the pension and also the sale to plaintiff, but said that the agreement was for plaintiff to pay more than plaintiff had counted, and that plaintiff had paid less than he counted, and the inquest assessed damages of 20 pounds.
Plaintiff prayed judgment, because the verdict showed that the defendant did detain the charter.
Paston JCP argued against plaintiff's position, and Newton CJCP disagreed.
At another day, Fulthorpe JCP argued for plaintiff's position, as did Newton CJCP and Portyngton JCP.
Newton CJCP awarded that plaintiff recover the writings and his damages. |
| Portyngton JCP: le property est en le plaintif |
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Augustinian Priory of Holy Trinity, also known as Christchurch, Aldgate in London had an appropriated parochial church of St. Katharine Cree or Cree-church; the prior of the former was rector of the latter |
damages of 20 pounds
argument about other situations in which defendants pleaded the general issue and the verdicts (all special verdicts) favoured defendants but contradicted the general issue
(for P): the Prior and Covent of Creechurch under the covent seal granted to defendant M. a certain corrody in the priory with an annual pension of 3 pounds together with the office of Portership of the same Priory, to have and to hold to him for a term of his life, which defendant M. the said corrody, pension, and office together with the charter of the grant made to him, under the covent seal by this deed (which is here) sold to plaintiff to have to him and his heirs for the life of M., for 20 marks (= 13 pounds 6 shillings 8 pence), which he paid
the inquest found the grant of the pension, and also the sale made to plaintiff, but said that on the sale before such agreement (concord) was made between them, that when (plaintiff) Rows had paid to (defendant) M. the said 22 marks (= 14 pounds 13 shillings 4 pence) then he ought to deliver the deed, and (defendant) M. ought to retain with him the deed until he be paid for the seisin; and they said that plaintiff R. had paid to defendant M. 7 marks (= 4 pounds 13 shillings 4 pence), part of the 22 marks, and because the rest was not paid, so defendant M. detained the charter for my payment of the sum
Sjt Danby (for P): as I understand, if one be put on the general issue, and had matter that could make a good bar, even though the matter in bar (be) found by verdict, he will not take advantage of this, but the plaintiff will recover, thus hrere the matter found by verdict could have made a good bar
Portyngton JCP: if the verdict had been that agreement was made on the bargain that if plaintiff pay to defendant at such day 20 marks, the writings would be delivered to him, otherwise that he retain the writings as his own chattel always, perhaps on this verdict the plaintiff would recover nothing, but in the case at bar by the matter shown the property is in the plaintiff, and the defendant has nothing but the custody of this, and it is a like case to the cases put by Master Newton CJCP and Sjt Danby |
Count
Prior
Covent
Church
Seal
Covent Seal
Grant
Corrody
Showing
Certainty
Priory
Pension
Annual Pension
Office
Porter
Portership
To Have And To Hold
Term of Life
Charter
Deed
Sale
Heir
Pur Autre Vie
Payment
Force
Seisin
Demand
Bailment
Not Guilty
Il Ne Detient Point
Issue
Inquest
Finding
Agreement
Concord
Delivery
Retaining
Parcel
Sum
Assessment
Assessment of Damages
Judgment
Understanding
General Issue
Matter
Bar
Finding
Verdict
Advantage
Taking Advantage
Recovery
Gage
Battery
Rien Culpable
Default
Abatement of House
House
Suppositon
Case
Breaking Close
Justification
Cause
Freehold
General Plea
Contrary
Lease
Term of Years
Entry
Termination
Term
Chattels
Rebailment
Horse
Acceptance
Accord
Bargain
Writing
Own Chattel
Always
Property
Custody (garde)
Master
Award |
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