Wood v. . Marsh, (1793)
Court: Court of King's Bench
Number:
Visitors: 23
Judges: CREW, C. J.
Filed: Jul. 05, 1793
Latest Update: Mar. 03, 2020
Summary: 1. It does not appear of what estate the Dean and Chapter were seized, for they may be seized pur auter vie and then the life of the cestui que vie ought to be alleged. And although as it is given to an aggregate body, it may be understood to be a fee; yet the plea shall be taken more strongly against the pleader. CURIA. CREW, C. J., DODERIDGE and JONES, JJ. Granted that an avowry is like an action and a declaration. But There is a difference between an aggregate and a single corporation. But th
Summary: 1. It does not appear of what estate the Dean and Chapter were seized, for they may be seized pur auter vie and then the life of the cestui que vie ought to be alleged. And although as it is given to an aggregate body, it may be understood to be a fee; yet the plea shall be taken more strongly against the pleader. CURIA. CREW, C. J., DODERIDGE and JONES, JJ. Granted that an avowry is like an action and a declaration. But There is a difference between an aggregate and a single corporation. But thi..
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An avowry is in lieu of an action; therefore, he ought to show the letters testamentary.
The last exception was, that she avows for rent due to her and her husband, without showing when he died.
And this was also overruled. And a peremptory day was given. Antea, p. 640; postea, p. 783; Poph., 163; Bendl., 159.
Source: CourtListener
