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VOL.

IX.

Page

fecond plea; and that the clofe is plaintiff's freehold.
Similiter and award of venire.

181. Plea (to trefpafs, for placing timbers on plaintiff's wall,
&c. breaking clofes, digging, &c.), ift, Not guil
ty. 2d, To placing timbers, fay, that the walls are
the freehold of one A. B. and plaintiff, and they as
fervants, and by command of A. B. fet up the tim-
bers. 3d, An eafement right to place, &c. (See Eafe-
ments, poft.) 4th, As to breaking clofes, digging,
&c. that the clofe is the freehold of A. B.
250. Plea (to trefpafs, for taking, cutting, carrying away,
and converting trees, pulling down hedges, &c.),
ift, Not guilty. ad, Liberum tenementum of copy-
hold premifes, deducing title. 3d, Right of way
by prefcription; and because hedges, &c. obftructed,
&c. pulled down, &c.

182. 183.

255.

265. Plea (to declaration, for entering, fpoiling grafs, carrying away water, &c.), liberum tenementum giving colour.

266.

324. Plea, liberum tenementum of A. B. (to trefpafs for breaking and entering dwelling-houfe), and as fervant of A. B. entered.

Liberum Tenementum and Tenancy in Common.
(See Title lefs than Freehold, poft.)

Plea (to declaration in trefpafs, quare claufum fregerunt, and trod down and confumed the grafs and corn, and reaped, cut down, and carried away, &c. the corn and grafs. zd Count, mowing, reaping, and carrying away, &c. other grafs and corn. 3d, Similar), 1ft. General iffue. zd, As to breaking the clofe, fpoiling the grafs, and eating up other grafs, and with carts, &c. fpoiling the foil of the closes, defendants fay, that one P. K. before the time when, &c. was entitled to the faid clofes for remainder of a term of ninety-nine years, determinable on the death of the faid P. K. who demifed the fame to defendant J. W. to hold the fame for one year, and fo from year to year, fo long as it should pleafe the faid P. K. and the defendant J. W. and the estate and intereft of the faid P. K. should continue therein; by virtue of which demife the faid J.W. entered and was poffeffed, the faid P. K. being then living, and his intereft fill continuing therein; and being fo poffeffed the faid J. before the time when, &c. ploughed and fowed the faid clofes with corn; and the faid P. K. after the faid J. W. had fo ploughed and fowed, and before he had reaped and carried away the corn, and before the end of the aid ninety-nine years, and before the faid time when, &c. died, and fo the defendants juftify the

PRECEDENTS in Books of PRACTICE, REPORTERS, &c.

entering

PRECEDENTS in Books of PRACTICE, REPORTERS, &C.

-2. Will. Rep. 66. 69

entering into the clofes, and reaping andcarrying away the corn, and excuse themfelves for treading, &c. a little grais upon that occafion, Demurrer, with caufes: it, That defendants have not fet forth the commencement of the faid term of ninety-nine years. 2d, That defendants have not fhewn that plaintiff at the time of the demife to the defendant J. W. or before was poffed of the faid closes, but only that he was entitled thereunto. Joinder. Plea. ft. Not guilty to the whole, fimiliter. 2d, That the trefpaffes, &c. in the firft, fecond, and third Counts are the fame, and all relating to the close in the first Count, which is defendant's freehold, wherefore he and the other defendants as his fervants justify, &c. except as to thirtyfix acres thereof. 3d Plea, fame as to fecond, to fifth, and fixth Counts, omitting the 4th REPLICATION and nolle profequi; as to the third, fifth, and fixth Counts; as to part of the trefpaffes therein contained; as to the refidue of the trefpaffes, except thofe to which the molle profequi extends, and which are denied by the general iffue, fimiliter. And to the 2d plea, and the trefpaffes thereby attempted to be justified, except the hay and grafs, parcel of the goods in the third Count, new affignment of a trefpafs in a different part of the clofe called the C. to wit, thirty-fix acres thereof, part of the glebe land of the rectory of M. of which plaintiff was tenant in poffeffion. zd Count of new affignment adopts the 3d Count of declaration. As to refidue of trefpafs in the 2d plea plaintiff admits that the close called the C. contains one hundred and forty acres, and except thirty-fix thereof is the freehold of defendant, but fays that J. D. before the faid time when, &c. was tenant for life of the faid close, except, &c. and defendant was seised in fee of the reversion, and demised by leafe of J. D. and confirmation of defendant for twenty-one years; plaintiff entered and was poffeffed during the term; states a custom in parish of M. of every way going tenant to enter and take his way going crop, and claiming the corn in the firft Count as fuch; and that defendants de injuria took it. Replication to the 3d plea, as to cutting and carrying away the corn in the fifch Count, and the goods, &c. in the fixth, except the hay and grafs, parcel thereof. fame as replication to id plea, itates a fimilar cuftom in the parish of H. de injuria, &c. affignment as to feizing, &c. of the goods, &c. in the fixt Count, except the hay and grafs, parcel thereof, fays, that thofe goods, &c. were no part of the goods, &c. in the 3d plea mentioned. REJOINDER, giving judgment by nil dicit on the first new affignment; protesting against the fufficiency of the firft replication; traverses the custom fet out in the first replication; concludes to the country fimili ter. Similar rejoinder to 2d replication, traverfe of the cuftom in the ad replication. General iffue of not guilty

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to the laft new affignment. Award of venire and ni prius, Plea, nen cul. to the force, &c.; and iffue to the refidue of the trefpafs; that R. T. was feifed of a clofe, and defendant as his fervant took the cattle there damage fealant. Repication, de injuriâ, &c.

PRECEDENTS IK Books of PRACTICE, REPORTERS, &c.

Plea, non cul. by one, joint-tenancy by the other, Ra. Ent. 615.

PL. Aff. 400

Ibid. 485

Plea to breaking clofe and cutting trees of freehold; to the menaces, that defendant perceived plaintiff defift from cutting the trees, otherwife he would fue him, and traverfes menaces against his life, Ra. 647.

Plea to breaking clofe and utting down trees, that locus, &c. was defendant's freehold, and plaintiff would enter claiming to hold at will of M. who had nothing in the premifes, and defendant faid to him, that he would enter at his peril. Repli cation, and inue on the diffeifin, and nothing to the menaces, Ra. 647. Vet.

Int. 160.

Plea of liberum tenementum, new affignment, and non cul. thereto, Ra. Ent. 457. Replication, de injuria, &c. traverfe of freehold of defendant, but ought to conclude to the country where there is no new affignment, 2. Lut. 1400. Plea, that locus, &c. is defendant's freehold. Replication, plaintiff's freehold, Ra. 647. Co. Ent. 675. Vet. Int. 43. Afb. 436. Like, by fervant, Ra. 605. 649. Upp. 127. I raverfe, that it is freehold of defendant, 3. Br. 456. Replication, de injuria, &c. Vet. Int. 53 Replication, fpecial, 3. Br. 475. Replication, that defendant's father enfeoffed plaintiff's father, whofe heir he is in eftopple, 1 H. 7. 22.

That locus, &c. is freehold of defendant and his wife, in right of his wife. Replication, that locus, &c. is plaintiff's freehold, and not of defendant and his wife, Ra. 648.

That at M. there are many clofes called Ley of Ground, but none without other ad. ditions, and that locus, &c. was called Garlick's Ley of Ground, his freehold, &c. 2. Lut. 1489.

Plea; not guilty to part; to the other part, that the clofe in the declaration first. mentioned is his freehold, by one defendant; and the other juftifies as fervant; and as to trefpafs in the clole called H. defendant prefcribes to enter therein to repair a mill dam; and to the trefpafs in the clofe called S. that it was parcel of C. common, where plaintiff prefcribes to dig and carry land to amend the dam as often, &c. Tho. 305

Plea, non cul. to part; and to refidue, that locus, &c. is freehold of defendant and others. Replication, plaintiff's freehold, and not of defendant and others, Ra. 648. Non cul. by one defendant; in cul. to all the trefpaffes except, &c. by two others, and bar thereto that locus is freehold of one of them; and the other jultifies as fervant. Replication as before, Ibid. 648.

That focus, &c. is a clofe containing five acres, and that J. feifed of two acres thereof demifed them to R. for life, who enfeoffed C and land defcended to defendant, who entered for the forfeiture, and that refidue of the lands are defendant's freebold; new aflignment, and non cul. thereto, Ra. 647.

That locus, &c. is two hundred and fifty acres of bruth abutting, &c. parcel of the manor which is defendant's freehold. Replication, that locus, Ec. is two hundred acres, parcel of faid two hundred and fifty acres, whereof W. feised demiled to plaintiff for ye. rs, and traverfes they are parcel of the manor, Upp. 137. That F. feifed of lands, demifed to T. for life, and if F. fhould die without iffue then remainder to T. in fce; F. died without iffue, T. enfeoffed M. and lands defcended

fcended to defendant, Replication that F. was attainted of treafon by parliament, and thereupon H. 7. was feifed of the reverfion, from whom it defcended to H. 8. T. died, and inquifitionafter his death lands defcended to Queen Eliz. who granted to R. who enfeoffed plaintiff. Rejoinder, that there is a faving in the act, by reafon of which T. was feifed in fee. Demurrer, Ra. 633. Plo. 477. That plaintiff was feifed of lands, and attainted of treafon by commiffioners and parliament. King granted lands to defendant. Demurrer, Ra.643. Plo. 384. That plaintiff feised, levied a fine to M. and G. his wife, who enfeoffed defendant. Replication, that fine was levied to the ufe of M. and G. on certain conditions not performed. Rejoinder, that plaintiff released all conditions and entries for conditions broken. Surrejoinder, that plaintiff cannot read, and agreed to make the release for money only, and non eft factum, 2. Co. 6.

BY FEOFFMENT.

That R. being feifed, enfeoffed defendant and another whom defendant furvived, and is fole feiled, and gives colour to plaintiff by deed of demife for life, Tho.

341.

That J. being feifed, enfeoffed T. and A. his wife, to hold to them and the heirs of T. whom A. furvived, and took to hufband plaintiff, and reverfion defcended to their fon T. who by indenture enrolled fold the reverfion to W. Plaintiff committed wafte in cutting the trees, and defendant, at the request of W. entered into the lands in the new affignment to fee the wafte, which is the trefpafs. Replication, confeffing the feoffment and defcent, and fays that T. the fon, granted and confirmed to plaintiff, then in poffeffion, the reverfion in fee. Rejoinder, maintaining the plea, and traverses the grant and confirmation to plaintiff, and iffue, Ro. Ent. 468.

That R. and others, feifed, enfeoffed J. to the ufe of E. for life, before the flatute of ufes J. married E. and enfeoffed P. to the ufe of E. and died, E. demifed to defendant for life. Replication, that J. being feifed to the ufe of E. enfeoffed P. in fee, who enfeoffed R. and others to the use of P. in fee, and died; R. and others re-entered, and P. demifed to plaintiff for years, and traverse that R. and others enfeoffed J. to the use of P. Ra. 629.

That J. being feifed, enfeoffed R. and others, and R. enfeoffed defendant of part. New affignment and not guilty, Ra. 641.

That J. feiled, enfeoffed defendant. New affignment thereto, Upp. 186.

DISSE ISIN.

Plea of freehold. Replication, that plaintiff's father, feifed of the tenements, demised to defendant for life, on condition of re entry for rent unpaid, and if defendant fhould commit walle, the reverfion fhould defcend to plaintiff, who for voluntary waste committed, entered and was feifed, until defendant diffeised him and plaintiff re-entered. Rejoinder, maintaining freehold, and traverses diffeifin, Pl. Gen. 614.

That defendant's father, being feifed of the meffuages, gave them to J. fon and heir in tail, remainder thereof to defendant in tail. J. was feifed until L. diffeifed him, who made continual claim during the life of L. who died, and the houfes defcended to R. who entered, and J. re-entered upon his poffeffion, and died feifed, and meffuages defcended to defendant in tail, and gives colour. Replication, that father of defendant was feifed and enfeoffed L. who died feifed, and meffuages defcended to R. the fon, who demifed to plaintiff, and traverse that L. diffeifed J. 1. Bro. 343.

That locus, &c. is freehold of J. and others, and defendant as fervant too': the horfe damage

damage feafant. Replication, that defendant diffeifed plaintiff and enfeoffed J. and others thereof, and plaintiff re-entered. Rejoinder, that W. being feifed, enfeoffed G. who enfeoffed J. and others, and traverses that defendant diffeifed plaintiff, Ra. 629. Vet. Int. 161. Replication to like bar, that plaintiff was feifed until defendant diffeifed him, and plaintiff re-entered. Rejoinder, maintaining the freehold, and traverses the diffeifin, Ra. 647. Co. Ent, 280. Vet. Int. 160. By fervant to part of the trefpafs. Afb. 450. Like plea, to cutting down trees. Replication, that plaintiff's father was feifed of lands that defcended to plaintiff, and defendant diffeifed him, who re-entered. Rejoinder, maintaining freehold, traverfes diffeifin, Ra. 648. Vet. Im. 100. Like plea. Replication, that T, being feiled, enfeoffed plaintiff, who was feifed until A, and B. defendants, diffeifed plaintiff to the ufe of A. and plaintiff re-entered. Like Rejoinder, Ra. 641. Vet. Int. 235. That locus, &c. is freehold. Replication, that T. feifed of the manor whereof, &c. demifed to plaintiff for years, who was poffeffed until defendant expelled and diffeifed T. and plaintiff re-entered. Rejoinder, that defendant's father was feifed, from whom it defcended to defendant, who was feifed until T, diffeifed him and demifed to plaintiff, and defendant re.entered, and traverse that defendant diffeifed T. 3, Br, 467.

That J. feifed of lands, enfeoffed defendant. Replication, that plaintiff was seised until defendant diffeifed him and enfeoffed J. who enfeoffed defendant. Rejoinder, maintaining the bar, and traverses the diffeifin, Ra. 641. Trefpafs against A. and B. new affignment in C. and D. A. fays to trefpafs in D. non cul.; to trefpafs in C. pleads that M. feifed, demifed to him for years. B. fays to trefpafs in C. non cul.; to trespass in D. that W. feifed, enfeoffed him B. thereof. Replication to plea of A. that plaintiff was feifed until A. diffeifed him and enfeoffed M. who demifed it to defendant A. and plaintiff re-entered; and to plea of B. that plaintiff was feifed until B. diffeifed him, and enfeoffed M. who re-enfeoffed defendant B. &c. Several rejoinders, maintaining the several bars, and traverse of the diffeifins, Co. Ent. 653.

Plea to part of the trefpaís, that B. feifed, enfeoffed defendant. Replication, that H. being feifed, demifed for years in reversion after the death of tenant for life, to L. who afligned to defendant, and that B. enfeoffed defendant by diffeitin. Rejoinder, maintaining the declaration, and traverses the diffeifin; and another bar, that lands were cuflomary lands, Co. Ent. 660.

That E. feifed of lands by his laft will gave them to E. and M. in fee, who took bufands, and they were feifed in right of their wives, and give colour to plaintiff by virtue of a feoffment. Replication, that plaintiff recovered the lands again defendant and others in C. B. in ejectment. Rejoinder, maintaining the bar. Demurrer, bro, R. 494. Vexire facias, and enquiry of damagos awarded, Ibid. 496.

DESCENT,

That defendant's father was feiled of lands which defcended to defendant, and give colour. Replication, that plaintiff was fifed before defandant's father had any thing in the lands, and defendant de injuria, &c.; and traverse that father died feifed, To. 336.

That W. died lifed of clofe and places in which, &c. in fee, that defcended to T. fon and heir, who entered, and gives colour; and defendant as his fervant finding goods there damage frafant took them, W'i. Ent. 104.

Flea to trefpafs for taking goods, that J. was feifed of lands that defcended to S. and by feveral defcents came to T. and D. as his fervant, cut down underwood,

and

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