Judges: CREW, C. J.
Attorneys: Bridgeman argued that he may distrain for this relief; for, as he had declared that it is part of the tenure, and the tenure is by custom, he may distrain for it. 14 H., 4, 2. And he compared this relief to a fine for alienation. (2) Admitting that he cannot have a remedy for the relief, yet he has a remedy for the rent; and the forbearance of suing for that is a sufficient consideration.
Filed: Jul. 05, 1793
Latest Update: Mar. 02, 2020
Summary: The last exception was that he did not make it sufficiently appear to the tenants that, etc., the words are quod ipse fecit apparere , that the tenants are charged with them, and this by the presentment of the homage, upon their oaths: et ipse fecit apparere per rot. cur. Lord Lisle's case was cited 22 E., 4. There the defendant ought to show his charge, for it is the substance of the bar. 41 El., Washington's case . Action on the case on promise: the plaintiff declared that the defendant promis
Summary: The last exception was that he did not make it sufficiently appear to the tenants that, etc., the words are quod ipse fecit apparere , that the tenants are charged with them, and this by the presentment of the homage, upon their oaths: et ipse fecit apparere per rot. cur. Lord Lisle's case was cited 22 E., 4. There the defendant ought to show his charge, for it is the substance of the bar. 41 El., Washington's case . Action on the case on promise: the plaintiff declared that the defendant promise..
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I take this distinction: If the words be that he ought to make it appear to the man; then he makes him the judge, whether relief be due or not; and it is sufficient if he makes it appear to his brothers, viz., the tenants. And this is the best means to do it. But if the words be that he ought to prove that the land is chargeable with the rent, and that relief is due, the proof ought to be by action. 7 H., 2; Fitz. Barr., 241; 19 and 15 E., 4; Sed adjournatur, postea, p. 721; Jones, 132; Bendl., 180; 3 Bulstr., 323; Roll., 370; 1 Cr., 681.
