Rector, 186. Baron and feme, 186. Whether the words "to the disinheriting," &c. cure the want of stating the quantity of estate, 186. Writ may be general, and title in tail shewn in count, 187. Form of count where tenant holds for less than a year, 187. The whole need not be proved, 187. Quantity and quality particularised, 187. But not particular manner in which it was done, 187. Must be ad exhæredationem, 188. IN PARTITION. Distinction where the action is brought by coparceners or jointenants, and tenants in com- Sufficient to shew the estate the inheritance of the common ancestor in tail, 188. Amendment permitted, 188. IN WARRANTIA CHARTÆ, 188. Forms of counts in other actions where found, 189. COUNTERPLEA. Of voucher, 264. (See title Voucher.) Of aid, 278. (See title Aid-prayer.) CULTIVATION. Covenants respecting, 430. (See title Covenant.) CURIA CLAUDENDA, writ of. Lies by tenant of freehold against tenant of freehold for not inclosing his land, 144. Brought in County Court or Common Pleas, 144. Process and proceedings in, 144. View in, 251. Damages in, 319. Costs in, 323. Judgment in, 340. CURTESY, tenant by. Aliening with warranty, effect of, 95, 258. Liable for waste at common law, 109, 110. After assignment for waste done by assignee, 110. Semble not liable for accidental fire, 121. Holds of the lord paramount, 122. Quod ei deforceat for, 132. CUSTOM. For inhabitants to have a way, good, 365. May control the terms of notice to quit, 527. As to finding corn at a particular mill, 357. Customary right of common, how proved, 382. DAMAGE FEASANT. (See titles Replevin and Trespass.) Plea in bar to, 640. DAMAGES. (See title Special Damage.) In case for disturbance of a watercourse, $59. In case for nuisance in highway, 366. In case for disturbance of common, $81. In assumpsit for use and occupation, 413. In action by tenant for life on covenant to repair, 430. 144. In action by heir on covenant to repair broken in his ancestor's time, 441. In replevin. For plaintiff, 642. DAMAGES, (continued). For defendant, 642. In case against sheriff for taking insufficient sureties in replevin, 659. In trespass for mesne profits, 706, 709. DAMAGES in REAL ACTIONS. In real actions no damages recoverable at common law, 307, 176. Given by statute in certain real actions, 307. For defendant in error under stat. 3 Hen. 7, c. 10, 307. Damages only accessary, land, &c. the principal, 308. Omission of jury to assess, may be supplied by writ of inquiry, 308. May be assessed against vouchee or tenant by receit, 308. Time up to which damages are to be computed, 308. Judgment for damages, a separate judgment, 309. Notice of executing writ of inquiry necessary, 309. Mesne, 309. Quod permittat, 309. Dower unde nihil habet, by stat. of Merton, 309. Where the husband died seised in fee or in tail, 309. Copyholds within the stat. 310. Widow accepting dower, cannot afterwards claim damages, 310. Defendant may excuse himself from damages by pleading tout temps prist, 310. But demandant may reply a demand, 310. Whether widow is entitled where she has occupied the premises before dower assign. Feoffee of heir, when charged with damages, 311. How the damages are to be calculated, 311. May be assessed at the trial, or by writ of inquiry, 312. Up to what period calculated under writ of inquiry, 312. Judgments for seisin and damages distinct, 312. Where demandant or tenant dies before damages assessed, 312. In error by stat. 16 and 17, C. 2, c. 8, 312. Bail in error, $13. Admeasurement of dower, 313. Assise of novel disseisin. At common law against disseisor, 313. By stat. of Gloucester, c. 1, against alienee of disseisor, &c. 313. Mesne occupiers how charged, 313. In case of double or treble damages, 313. Reversioner cannot have danıages, 314. Cannot be recovered where demandant enters into part pending the writ, 314. Redisseisin and post disseisin, 314. Assise of mort d'ancestor. By stat. Marlbridge for heir in ward, 314. 2. By stat. Gloucester, c. 1, in all cases as in novel disseisin, 314 Entry sur disseisin. By stat. Gloucester, c. 1, 315. Other writs of entry, 315. Quare impedit. By stat. West. 2, c. 5, 315. After six months and collation, two years value, 315. Before six months passed, half year's value, 315. Value how estimated, 316. Plaintiff cannot both recover presentation, and have two years value, 316. Six months value may be recovered though church void, 316. Judgment for single damages when they should be double, not assignable for error by Only recoverable against disturbers, 316. Not against ordinary when he disclaims, 316, Upon which plaintiff make take judgment without damages, 316. Or may reply and maintain the disturbance, 316. No damages recoverable on abatement of writ, 317. DAMAGES, in REAL ACTIONS, (continued). King not within the statute, 317. Demanded in count, 176. Darrein presentment, 317. Waste. Against guardian in chivalry, tenant in dower, and by courtesy at common law, 317. Treble damages by stat. Gloucester, c. 5, 317. Semble not recoverable for waste pending the writ, 317. Damages alone recoverable in waste in the tenuit, 317. Against him who did the waste in action against jointenants, 317. Not by heir for waste in ancestor's time, 317. Where demandant dies before execution, 317, 318. Where one plaintiff shall have judgment for the place wasted, and both for damages, 318. Plaintiff counts to damages, 318, 176. Cosinage aiel or besaiel, 318. Nuper obiit, 318. Warrantia charta, 318, 176. Curia claudenda, 319. Deceit, 319. DARREIN PRESENTMENT. Lies for tenant in fee, or in tail, where he or his ancestor has presented, 74. Disused, quare impedit being a preferable remedy, 74. Non-tenure no plea in, 192. Process in, 146. Essoign in, 158, 161. Damages in, 317. PLEA OF, 207. DARREIN SEISIN, plea of, 206. (See title Abatement.) DEATH. Of parties to real actions, 201 to 203. (See title Abatement, pleas in.) Construction of that word in the saving clause of the stat. of limitations, 508. DEBT FOR RENT. At common law on lease for years or at will, 466. So on a lease for life after its expiration, 466. And during its continuance by stat. 8 Anne, c. 14, 466. Stat. does not extend to annuity payable out of land, 466. BY WHOM. Lessor after reversion devested out of him, 466. Termor who has assigned his whole interest, reserving rent, 467. Executors. For rent due on estate of freehold determined in testator's lifetime, 467. Of tenant for life of a rent, 467. Of tenants in fee simple, fee tail, or for life, of rent services, &c. by stat. 32 H. 8, c. $7, 467. Husband for rents due jure uxoris after wife's death by stat. 32 H. 8, c. 37, 467. Assignee of reversion, or reversion in part of the premises, 468. Lord by escheat or in mortmain, 468. Heir or devisee, 468. No notice of the assignment need be given, 468. But lessee discharged by payment to lessor before notice, 468. AGAINST WHOM. Lessee liable notwithstanding assignment, 468. But not after acceptance by lessor of assignee, 468. Nor after bankruptcy, 469. Assignee or lessee before acceptance may be sued at election, 469. Of part of the premises may be sued, 469. Or as it seems lessee and assignee in joint action, 469. May discharge himself by assigning over, 469. DEBT FOR RENT, (continued). Heir and executor, 469. Executor of lessee liable notwithstanding assignment, 469. DECLARATION. In the debet and debet or detinet. In the detinet only against executor for rent due in testator's time, 470. In debet and detinet where executor has entered, and rent is due from him, 470. He cannot plead plene administravit in such case, 470. But may plead that the land is of less value than the rent, 470. Where the rent is due partly in testator's, and partly in executor's time, 470. Wrong venue cured by verdict, 471. Statement of demise. Need not be stated to be by indenture, 471. But this lets in the plea of nil habuit in tenementis, 471. Lease of tithes must appear to be by deed, 471. May be stated according to legal effect, 471. Locality of the premises, 472. Rent reserved and period at which must be shewn, 472. If plaintiff declares for part he must shew the rest satisfied, 472. Title of the plaintiff, 472. Need not be shewn in actiou by lessor, 472. Aliter in action by assignee, 472. Notice of assignment need not be alleged, 472. Entry of lessee, except at will, need not be stated, 472. PLEAS. Assignment by lessee, not good without shewing acceptance by lessor of assignee, 473. Aliter assignment by assignee, 473. Given in evidence under nil debet, 473. Infancy, 473. Nil debet puts in issue the whole declaration, 473. Payment or release good evidence under, 473. So also that lessee has repaired by direction of lessor, 474. Or where covenant for payment of rent authorises him to deduct for repairs, 474. Expulsion from the premises, 474. Apportionment of rent, 474. Quare whether eviction by third person should be specially pleaded. Demurrable where demise by indenture is stated, 474. Where not so stated, plaintiff should reply the indenture, 474. Where demise was by parol, plaintiff must reply and shew his estate, 474. May be pleaded where demise does not appear by indenture, 474 Non est factum whether a good plea, 475. Riens in arrear good plea, 475. Payment to lessor before notice of assignee's title, 475. Statute of limitations. Cannot be pleaded to demise by deed, 475. Aliter to demise by parol, 475. Whether evidence under nil debet, 475. Tender, 475. Money must be brought into court, 476. DEBT FOR USE AND OCCUPATION. Declaration very general, 477. Locality of premises need not be stated, 477. Whether writ of inquiry necessary on judgment by default, 477. DEBT FOR DOUBLE VALUE. Stat. 4 Geo. 2, c. 28, 478, whether remedial or penal, Ib. note (e). Tenant holding over under fair claim of right, not within stat. 478. By agent sufficient, 479. Receiver appointed by Court of Chancery sufficient agent, 479. DEBT FOR DOUBLE VALUE, (continued). One tenant in common may sue alone, 479. Stat. 11 Geo. 2, c. 19, 480, whether penal or remedial, ib. note (a). Notice need not be in writing, but must be certain, 480. Recovery in ejectment, effect of, 480. DEBT on REPLEVIN Bond, 655. (See title Replevin.) DECEIT, writ of FOR NON-SUMMONS. Lies where tenant has lost lands by default, in consequence of not having been summoned, 136. Quare whether it lies where tenant has been summoned on grand cape, 136. Quare where there has only been neglect to make proclamation, 136. May be brought before any entry or possession by demandant, 136. Does not lie after all the summoners and viewers are dead, 136. But case is still maintainable against sheriff, 136. Lies in general in all præcipes quod reddat. In quare impedit, sci. fa. to execute fine and waste For non-summons on a re-summons, 137. For whom it lies, 137. Tenant in real action in general, 137. Heir, 137. Vouchee for non-summons on the sum, ad war. 137. Not for reversioner on non-summons of tenant for life, 137. Against whom. If recoveror dead, against his heir, 137. Recoveror and alienee jointly, 137. Summoners and viewers in the first action and the sheriff made parties, 137. Recoveror and terre-tenant may be joined, 157. Or recoveror made defendant alone, and terre-tenant brought in by sci. fa. 137. Who defendants after non-summons in waste, and quare impedit, 187. Proceedings after appearance, 138. Process in 138, 152, note (ƒ). Pleas of non-tenure in, 192. Damages in, 319. Judgment in, 139, 340. At present day court would probably interfere on motion, 139. Tenant who has lost may have another real action instead of receit to recover the lands, 139. Writ original, 139. Though there be lands in the manor held in ancient demesne, manor itself and its demesnes Judgment without execution in the king's court sufficient to render the land frank-fee, 159. Where lands have been twice impleaded in the king's courts, the first judgment must be first The king may have this writ, 140. So he who is dominus pro tempore, 140. Against whom. Said to be sufficient to sue the tenant of the land without the remaîuderman, 140. And the conusor only without the terre-tenants, who may be brought in by sci. fa. 140. If conusor and conusee dead, their heirs may be sned, 140. Where part of the lands are frank fee, the fine may be reversed as to the part in ancient de- Effect of the judgment, 140. Quare whether conusor restored to the land, 141. If conusor after the fine levied releases to connsee, the estate of the latter is good though Limitation of, 15. Process in, 141. |