defendants as

the

Furniture in the faid firft and fecond Counts of the faid declaration mentioned into the faid dwelling-houfe, and depofited them there, and kept and continued them taking up room in the faid dwelling-house and doing damage there to the faid A. P.; for which reason they the faid defendants as fervants to the Wherefore the faid A. P. and by her command, at the faid time when, &c. enter- A. P.'s fervants ed into the faid dwelling-house in which, &c. as into the dwelejected ling-house and freehold of her the faid A. P. and made a noife, plaintiff, riot, and difturbance in the faid dwelling-houfe, as in the dwelling-house and freehold of her the faid A. P. and difturbed and difquieted the faid plaintiff in the poffeffion, occupation, and enjoyment of the faid dwelling-house, as in the wrongful and injurious occupation and enjoyment of the faid dwelling-house and freehold of her the faid A. P. and then and there expelled, put out, and amoved the faid plaintiff with his family from the poffeffion, occupation, and enjoyment of the faid dwelling-house in which, &c. and kept and continued the faid plaintiff with his family fo expelled, put out, and amoved from the poffeffion, occupation, and enjoyment thereof for the faid fpace of time in the faid declaration in that behalf mentioned, and because the faid firegrate and wooden table in the firft Count of the faid declaration mentioned, were at the faid time when, &c. wrongfully put up and affixed in the faid dwelling-houfe in which, &c. taking up room in the faid dwelling-houfe, and the faid plaintiff being thereunto requested refused to take down and carry away the fame, they the faid defendants as fervants of the faid A. P. and by her command then and there took down, proftrated, and removed the faid fire-grate and wooden table from and out of the said dwellinghoufe, and in fo doing unavoidably a little broke to pieces, damaged, and spoiled the fame; and because all the faid other goods and chattels in the faid first and fecond Counts of the faid declaration mentioned were wrongfully and injuricufly in the faid dwelling-house incumbering the fame, and taking up room, and doing damage there to the faid A. P. and the faid plaintiff being thereunto requested refused to take away the fame out of the faid dwel ling houfe, they the faid defendants as fervants of the faid A. P. and by her command at the faid times when, &c. feized and took the faid goods, chattels, and furniture fo then being in the faid dwelling-houfe in which, &c. and removed and carried the fame from and out of the faid dwelling-house in which, &c. and laid and depofited them in proper and convenient places in the faid public street in the faid declaration mentioned, next adjoining to the faid public dwelling-house in which, &c. and there left the fame for the faid plaintiff, as it was lawful for them to do for the caufe aforefaid, and in fo doing did unavoidably a little throw, hurl, tofs, and caft the faid goods, chattels, and furniture, and thereby a little dirtied, sullied, daubed, broke, cracked, disjointed, damaged, and fpoiled the faid goods, chattels, and furniture in the faid firft Count mentioned, doing as little damage thereto as they 3d Plea of A.P. poffibly could on that occafion, which are the fame, &c. whereof; and this, &c.; wherefore, &c.: And for further plea, &c. &c. &c.

H 4

[as

Replication.

feifin,

[as before in the fecond plea, omitting what is in Italic], (actio non); because they say, that the faid dwelling-house in the faid declaration mentioned at the faid time when, &c. and before was, and yet is the foil, houfe, and freehold of Ann Parker, widow, wherefore the faid defendants at the faid time when, &c. as fervants of the faid A. P. by her command broke and entered the faid dwelling-house and made a noife, riot, and difturbance therein, as in the houfe, foil, and freehold of the faid A. P. and expelled, put out, and removed the faid plaintiff and his family from the pofeffion and occupation of the faid dwelling-house for the said space of time in the faid declaration in that behalf mentioned, as it was lawful for them to do for the cause aforefaid; and because the said fire-grate and wooden table in the faid declaration mentioned, at the faid time when, &c. had been and then were wrongfully and injuriously put up and fixed in the faid dwelling-house, they the faid defendants as fervants of the faid A. P. by her command took, removed, and carried the faid goods, chattels, and furni ture from and out of the faid dwelling-houfe in the faid public street and common highway in the faid declaration mentioned, to prevent the faid goods, chattels, and furniture from further incumbering the faid dwelling-houfe, and doing damage to the faid A. P. there, and put and left the fame in certain and convenient places in that behalf in the faid ftreet and public highway for the ufe of the faid plaintiff, they the faid defendants doing as little damage to the faid plaintiff on that occafion as they poffibly could which are the fame, &c. whereof, &c. and this, &c. wherefore, &c. [Fourth, fifth, fixth, and feventh. Juftification feverally by all defendants to the fon assault demejne] JAMES WALLACE.

And the faid plaintiff, as to the faid plea of the faid defendants by them firft above pleaded in bar whereof they have put themfelves upon the country, doth fo likewife: And as to the faid plea of the faid defendants by them fecondly above pleaded in bar as to the breaking, &c. as in fecond plea above done by the faid defendants, he the faid plaintiff fays, that he by reafon, &c. Admits G. P's. precludi non; because he fays, that true it is that long before the faid first time when, &c. the faid George Parker was feifed in his demefne as of fee of and in the faid dwelling-houfe in which, and that he &c. with the appurtenances, and being fo thereof feiled, he the made his will faid G. P. made his laft will and teftament in writing, and thereand devited, &c. by devifed the faid dwelling-houfe in which, &c. with the appurtenances to Ann Parker, wife of the faid George Parker to hold to her and her affigus for and during the term of her natural life, and afteradmits A. P's. wards died feifed of fuch his laid eftate of and in the faid dwellingSellin, houfe in which, &c. with the appurtenances, as the said defendants have above in pleading alledged; and that thereupon the faid Ann by virtue of the deniife afterwards and before the faid fint time when, &c. became and was, and ftill is feifed of the faid dwellinghoufe in which, &c. with the appurtenances in her demefne as of freehold for the term of her natural life, and fill is living as the faid defendants have above in pleading alledged; yet protesting that

he

wrongfully in.

he the faid plaintiff did not wrongfully and wilfully intrude him- protesting that felf and enter into the faid dwelling-houfe in which, &c. with the plaintiff did not appurtenances, and wilfully take poffeffion thereof, or wrongfully trude, &c, or injurioufly bring the faid goods, chattels, and furniture in the faid first and fecond Counts of the faid declaration mentioned, into the faid dwelling houfe, and depofit them there, as the faid defendants have above in pleading alledged; for replication in this behalf the faid plaintiff further fays, that the faid Ann Parker fays that A. P. after the became feifed of the dwelling-houfe in which, &c. with demifed the premifes to one J. the appurtenances as aforefaid, and before the said firft when, &c. B. for a year. to wit, on the twentieth of April 1767, at Great Bolton aforefaid, demifed the faid dwelling-houfe in which, &c. with the appurtenances to one James Butler, to hold the fame to the faid James Butler from the firft of May 1767 for and during, and unto the full end and term of one whole year from thence next enfuing, and fully to be complete and ended; by virtue of which J. B. entered, faid demife the faid James Butler afterwards, and before the faid &c. time when, &c. to wit, on the fecond of May 1767, at Great Bolton aforefaid, entered into the faid demifed premifes in which, &c. and became thereof poffeffed for the faid term to him thereof granted as aforefaid, and being fo thereof poffeffed, he the faid James Butler afterwards, and before the faid time when, &c. to wit, on the faid fecond of May 1787, at Great Bolton aforefaid demifed the faid dwelling-houfe in which, &c. with the appurte- J. B. demifed nances unto the faid plaintiff, to hold the fame unto him the faid premifestoplainplaintiff from the first of May then last past for and during the tiff for a year; fpace of one whole year then next enfuing, and fully to be complete and ended; by virtue of which; faid laft-mentioned demife

the faid plaintiff afterwards and before the faid first time when, plaintiff enter &c. to wit, on the faid fecond of May 1767, at Great Bolton ed; aforefaid, entered into the faid dwelling-houfe in which, &c. with the appurtenances, and was thereof poffeffed until and at the faid time when, &c. and being fo poffeffed, the faid defendants at the faid time when and fo forth of their own wrong broke and defendants, de entered the faid dwelling-house in which, &c. and made a noife, injuria, &C. riot, and difturbance in the faid houfe, and difturbed and difquieted the faid plaintiff in the poffeffion, occupation, and enjoyment of the faid houfe, &c. in manner and form as the faid plaintiff has above in his faid declaration above thereof complained againft them; and this, &c. wherefore inafmuch as the faid defendants have above acknowledged the committing of that the trefpafs, the faid plaintiff prays judgment and his damages, by reafon of the committing of that trefpafs, to be adjudged to him, &c.: And as Replication to to the laid plea of the faid defendants by them thirdly above third plea. pleaded in bar as to the breaking and entering, &c. as above done by the faid defendants, the faid plaintiff fays, that he by reason precludi non; because he fays that true it is that the faid dwelling- admits A. P's. houle in which, &c. at the faid times when, &c. and long before was and yet is the houfe, foil, and freehold of the faid Ann Parker, widow, as the faid defendants have above in their faid plea

thirdly

feifin.

Rejoinder,

thirdly above pleaded in bar alledged; for replication in this behalf the faid plaintiff fays, that the faid dwelling-house fo being the foil and freehold of the faid Ann Parker as aforefaid, the the faid Ann P. before the faid time when, &c. to wit, on the twentieth of April 1767, at Great Bolton aforefaid, demifed the faid dwelling-houfe in which, &c. with the appurtenances to the faid James Butler to hold, &c. &c. [From this place fame as replication to fecond plea]: Replications to the pleas of fon assault demefne, de injuria fua abfque tali caufa.

THOMAS DAVENPORT.

And the faid defendants, as to the faid replication of the faid plaintiff to their faid plea fecondly above pleaded in bar, fay, that admits the de- true it is that the faid Ann P. did demife the faid dwelling-house, mife to J. B. in which, &c. with the appurtenances to the faid James Butler, in manner and form as the faid J. hath above in his faid replication albut fays that he ledged; but the faid defendants further fay, that within the year aforegave up the pre- faid and before any of the faid times when, &c. to wit, on the eight day mifes to A. P. of May 1787 at Great Bolton aforefaid, furrendered and yieleded before the time up to the faid Ann Parker the faid dwelling-houfe in which, &c. with the appurtenances, and all his intereft therein; without this Traverfe of J that the faid J. Butler demifed the faid meffuage with the appur. tenances to the faid plaintiff, in manner and form as the faid plaintiff hath in his replication above alledged; and this, &c. wherefore, &c. [rejoinder to the replication to third plea fame verbatim as to fecond plea.] JAMES WALLACE.

when, &c.

P. demife to the plaintiff.

Surrejoinder,

And the faid plaintiff, as to the faid plea of the faid defendants iffus on traverfe. by them above pleaded by way of rejoinder to the faid replication of the faid plaintiff fecondly above pleaded as before, fays, that the faid James Butler demifed the faid meffuage with the appurtenances to the faid plaintiff, in manner and form as the said plaintiff hath in his faid replication above alledged; and this he prays may be enquired of by the country, &c. [Similiter by defendants; turrejoinder to rejoinder to replication to third plea; verbatim as to fecond plea, and fimiliter.] THOMAS DAVENPORT.

the foil there

against

Michaelmas Term, 27. Geo. III.

Declaration for HERGEST HEREFORDSHIRE, to wit. Ralph Hergeft entering a build complains against Thomas Lane being, &c. for that ing, fubverting LANE. the faid Thomas, on the firft of September 1786, in, and erect and on divers other days and times between that day and the ing therein a day of exhibiting the bill of the faid Ralph in his behalf with partition, and force and arms, broke and entered a certain building of the said cutting holes in Ralph called the Woodhoufe, fituate and being at the parish of the wall of the Kingfton, in the faid county of H. and dug up and fubverted lating timbers the foil of the faid Ralph in his faid building, to wit, twenty perches of his faid foil there, and erected, raifed, and built, and caufed to be erected, raifed, and built a certain partition in,

building, and

therein.

upon,

upon, and over the ground and foil of the faid Ralph in his faid building, and kept and continued the fame fo there erected, raised, and built from thence until the time of exhibiting the bill of the faid Ralph in this behalf, and then and there cut and made, and caused to be cut and made divers large holes in a certain wall of the faid Ralph in his faid building, and laid and put, and caufed to be laid and put, divers large timbers and pieces of wood into the faid wall, and kept and continued the fame there for a long space of time, to wit, from thence hitherto, and thereby and therewith, during all that time, loaded the faid wall and encroached thereon, and greatly damaged and weakened the fame, and other wrongs to the faid Ralph then and there did to the damage of the faid Ralph of fifty pounds; and therefore, &c. Pledges, &c.

freehold.

See Index.

And the faid Thomas, &c. general iffue: And for further plea Plea. Title lefs in this behalf as to the breaking and entering the faid building than called the Woodhouse in the faid declaration mentioned, and diging up and fubverting the foil in the faid building there, and erecting, raifing, and building, and caufing to be erected, raised, and built the faid partition in, upon, and over the faid ground and foil in the faid building, and keeping and continuing the fame fo there erected, raised, and built, during the time in the declaration in that behalf mentioned, above fuppofed to be done by the faid Thomas, he the faid Thomas by leave, &c. (actio non ;) because he says, that long before the faid first time when, &c. to wit, on the twenty-fifth of July 1763, one Edward Greenly, E. G. feifed of efquire, was feifed in his demefne as of fee of and in, amongst a stable with the other things, a certain ftable, with the appurtenances, whereof the appurtenances, faid building called the Woodhoufe is parcel, and being fo feifed whereof the faid thereof, he the faid Edward Greenly long before the faid time &c. building is part, when, &c. to wit, on the twenty-fifth of July 1763, at the parish aforefaid, demifed the faid ftable, with the appurtenances, whereof, E. G. demifed &c. amongst other premises to one Benjamin Jones, to hold the the fid premifes fame to the faid Benjamin Jones, his executors, administrators to B. T. for or affigns, from the fecond of February then last paft before the nnety-nine date thereof, for and during the term of ninety-nine years then next enfuing, and fully to be complete and ended; by virtue of which faid demife, he the faid B. Jones afterwards and long before the faid time when, &c. to wit, on the twenty-fixth of July 1763, entered into the faid ftable, with the appurtenances, whereof, &c. B. J. entered, amongst other premifes, and became and was poffeffed thereof &c. for the faid term to him thereof demifed as aforefaid, and being fo poffeffed thereof, he the faid Benjamin Jones afterwards and long before the said time when, &c. to wit, on the fixth of December 1778, at the parish aforefaid, in the faid county, died inteftate poffeffed of the faid ftable, with the appurtenances, whereof, &c. after whofe death and before the faid time when, &c. to wit, on the thirtieth of January 1779, at the parish of Kingston aforefaid, in the faid county, adminiftration of all and fingular the goods and chattels, rights and credits which were of adminiftration the granted to M. J.

years,

tate,