PRECEDENTS in
Books of PRACTICE,
REPORTERS, &c.
fhillings and fixpence; that defendant hath affets fufficient,
&c.; fays, the indenture mentioned in the plea and in the
condition of the bond, are the fame, and that the inteftate
was not indebted to the defendant for rent in above thirty
pounds; demurrer; joinder; continuances, by cur.adv. vuli';
judgment for plaintiff on demurrer to replication to debt on
bond; fatisfaction acknowledged of debt and damages,
Plea ift, non eft facium; 2d, øyer of condition, which is to
pay to W. C. his executors, &c. eight fhillings a week dur-
ing his life and his wife's life, and the survivor, and for the
performance of articles of agreement which are fet forth,
whereupon the defendant pleads payment of eight fhillings
per week according to the condition of the obligation, and
the articles of agreement; 3d plea, to the like effect, with
little variation; but defendant fays, that plaintiff hath not
done fame, contrary to the articles of agreement; replica-
tion to fecond plea in bar, concludes to the country; plain-
tiff demurs to the third plea, as being bad in point of sub-
ftance; joinder in demurrer,
Plea to debt on bond for performance of condition, &c. that
defendant performed by payment of taxes and furrender of
premifes, &c.
Plea by furety to debt on bond, for performance of covenants
in indenture of apprenticeship, that defendant performed the
conditions of the bond; replication, that the apprentice re-
ceived forty pounds of his mafter's money, which he em-
bezzled; rejoinder, that the apprentice did not embezzle ;
and iffue,
Plea to debt on bond for performance of covenants on an in-
denture, fhewing the fame specially, and averring perfor
mance; replication, afligning a breach, and non-payment of
fifty pounds; rejoinder, tender of fame in the Inner Temple
hall according to the form, &c.
Plea, Special performance of covenants in a leafe of the glebe
lands, and the tithes of a rectory let by defendant to plain-
tiffs for five years; replication, protefting that defendant
hath not performed for replication, fays, that he refigned.
his rectory to the hands of the bishop, fo that plaintiffs could
not enjoy; rejoinder, that he did not refign; and iffue,
Plea to debt on bond for performance of covenants in an in-
denture between the teftator and the defendant, and aver-
ment of performance of a particular covenant and a general
performance of other covenants; replication, fetting out
oyer of the indenture, and affigning a breach of covenant;
rejoinder, repeats the plea; demurrer and joinder,
Plea, ftatute 5. Eliz. that neither the father or mother of the apprentice had tenements
of the yearly value of forty fhillings of defcendible eftate of freehold; per quod,
bond void, Ro. Ent. 193. Bro. R. 224.
Plea, &c. (condition that apprentice should render an account within fix months after
demand), that apprentice, on request, rendered an account, and duly discharged
himfelf of all monies, &c. which came to his hands; replication, that apprentice
gave an account of fixty pounds by him received of J. omitted out of the account;
demurrer, Wi. Ent. 324.
Plea to debt, &c. with condition, &c. plaintiff retained fervant for five years, and
paid him twenty pounds annually for falary in their hands, and for repayment on
the Cath or departure, without notice of a quarter of a year before the discharge;
plea, that plaintiff difcharged his fervant from his fervice without quarter's notice;
replication, and iffue on notice, Bro. R. 177. 1. Br. 91.
Plea, that plaintiff, on a day certain, difcharged apprentice from his fervice, until
when, &c. he performed all covenants; replication, protefting, &c. that defendant
quitted fervice, and traverfes difcharging, &c. Her. 272. Pl. Gen. 315.
Plea (condition for faithful, &c. of London apprentice); cuttom, that indenture of
apprentice, &c. not enrolled, is void; replication, multiel cullom, writ awarded, Co.
Plea (condition to levy a fine of lands before Eafter), that before the end he did not
fue any original writ of covenant for levying the fine; replication, that before
the end of Eafter, defendant enfeoffed A. of lands in the condition mentioned,
and had no right to levy a fine thereof; demurrer fpecial, Wi. Ent. 331.
Plea (condition to perform covenants), performance generally; replication, T.
was feifed of meffuages diffeifed and was demifed to defendant, who affigned
term to plaintiff, on which T. entered and expelled him, and T. was feifed of
his former eftate, by which term became void; den urrer, and judgment for
plaintiff, 1. San. 51.
Replication (to fimilar plea), protefting, &c. that defendant did not pay rent at
the feaft-day; rejoinder, that plaintiff came to live on part of premifes, for
which rent was not payable; furrejoinder, protetting, &c. meffuages; replication
and traverse, coming to live on part, &c.; iffue on traverfe, Mo. Intr. 181.
That premises were difcharged of all incumbrances; and traverse demise of part
for ninety-nine years; iflue on traverse, Pl. Gen. 243.
That defendant requested plaintiff to make a release, which plaintiff refused; repli-
cation, did not requeft, Pl. Gen. 267.
Plea to bond, that a stranger had no title to make a release, 1. San. 213.
Plea (condition to pay rents of premifes), that profits of tenements within the time
were of the value of ten pounds and not more, which he tendered; replication,
protefting, &c. for plea that profits were worth thirty pounds, and traverfes va-
lue to be ten pounds only and no more, 1. Bro. 161.
Plea (condition to make a fufficient eftate, &c.) that he enfeoffed plaintiff of all his
freehold lands, and furrendered all copyhold before a certain day; replication,
defendant feifed of nine acres of land in W. beyond what is mentioned in the plea,
of which he did not enfeoff; rejoinder, that he was not feifed, Ro. Ent. 184.
Plea (condition quiet enjoyment), that before the expiration of the term, the earl
of E. entered upon the poffeffion of R. and expelled him; replication, that
defendant and agnees quietly enjoyed the demifed premites during the term, and
traverses that E. expelled R.; illue on traverfe, 2. Bro. 91.
That plaintiff quietly enjoyed the wood and timber without interruption of defend-
Plea, &c. that A. did not make any claim of dower in the tenements, &c.; replica-
tion, that A. took J. to hufband, who claimed title, and requetted plaintiff to
affign third part of lands for A.'s dowry; rejoinder, proteiing that L. did not
request, for plea that J. by A. his wife, did not lawfully claim third part of
lands for her dowry, and iffae, Tho. 197.
Plea (to debt against leffer), fpecial performance, that plaintiff peaceably enjoyed
tenements, and plaintiff gave no notice to defendant that houfe wanted repur ;
replication, that plaintiff gave notice on a day certain that houfe was in decay,
in covering, and timber, and defendant did not repair; rejoinder, issue
on the notice, Ro. Ent. 179.
Replication, that plaintiff, after the death of C. entered firft into the tenements,
and was feifed as the first occupant thereof, and traverses that defendant entered
firft, Bro. R. 250.
Plea, &c. performance generally of all covenants; replication, rent unpaid; re
joinder, and iffe on payment, 2. Bro. 70. Tho. 185. Vid. 186. And demurrer,
Ro Ent. 178. W.. Ent. 287. Againft executor; rejoinder, that teftator paid in
his lifetime, Re. Ent. 199.
Plea, &c.; replication, that lands were fold, charged with title to dower in wife;
rejoinder, that they were not incumbered, Ro. Ent. 183.
Replication, non-payment of rent on the day; rejoinder, that before the day plain-
tiff entered into parcel of premifes, demifed and expelled defendant; furrejoin-
der, did not expel, Wi. Ent. 289.
Flea, &c. against leffor by adminiftrator of leffee, that leffee furrendered the term
to defendant, who, until the furrender, kept all covenants; replication, that
leffee of lands died inteftate, and adminiftration was granted to plaintiff, who
entered and granted to E. who was poffeffed until defendant expelled him, and
traverses the furrender, and iffae, Tho. 178.
Plea, &c. (on two bonds, condition to the first bond to make a furrender of tene.
ment or cottage at the next court, and to the fecond bond, to pay money if fur.
render was not made), as to the first, that defendant, at the next court, accord-
ing to the custom of the manor, furrendered into the hands of the lord the faid
tenement to the ufe of plaintiff; fimilar plea to fecond demurrer, Wi. Ent. 241.
Plea (debt, &c. to perform covenants in articles), performance generally; repli
cation, did not furrender poffeffion of the premifes at the end of the term; re-
joinder, and iffue on the furrender, Wi. Ent. 294, ; fimilar replication, Bro. R.
Plea, &c. (condition to make a fresh demife at the end of a term), at the end of the
term plaintiff did not tender defendant any indenture to feal; demurrer, Wi.Ext.
309.
Plea, &c. (condition to pay money if the corn belonged to plaintiff by law), that
the corn did not belong to plaintiff, nor could he mete it by the law of Eng-
land; replication, plaintiff feifed of farm, upon which corn grew, which by law
belonged to him; rejoinder, that before plaintiff was feifed, one N. was feiled,
who demifed to R. for twenty-one years, and agreed that R. fhould have all
the grain growing upon the premises at the end of the term, R. made J. execu-
tor, who fold the grain; demurrer, Wi. Ent. 300.
Plea (condition to affign lands), that plaintiff did not requeft; replication, on the
request according to the condition; rejoinder, and iffue on the request, Yelv.
Plea, that plaintiff was prepared to make a release of lands, and levy a fine, but
plaintiff did not request, Co. Ent. 65.
Plea (condition quiet enjoyment, make affurance, and deliver deeds), that plaintiff
quietly enjoyed lands, and that defendant and others made all affurances devifed
by plaintiff, and delivered all deeds; replication, release devised by the attorney,
who tendered to defendant to execute, which he refused; rejoinder, to refufal,
3. Br. 156.
Plea, that premifes were not charged with prior incumbrances, 2. Co. 1. That
plaintiff was not damnified by former grants, Co. Ent. 65.
Plea, that defendant procured L. and others to demife to plaintiff for years by deed,
and that H. 8. demifed to M. for years, during which term plaintiff could not be
difquieted or molefted by G; replication, that H. 8. demifed to faid M. referv-
ing the wood, and E. 6. granted the reverfion and wood to N. in fee, who de-
mifed for years to G. without impeachment, who cut the trees; demurrer, Co.
Ent. 138.
Plea (condition to pay rent quarterly for lands demifed, provided it fhould ceafe
on leffee being expelled), that lands defcended to the fon within age, a ward of
the king, who granted the cuftody to leffor; the heir fues his livery.
Debt on bond, with condition to perform covenants in an indenture; plea, per-
formance; general replication, that lands were not of the yearly value, Co. Ent.
635-
Similar plea; replication, that he did not pay the rent, Ra. Ent. 183.
Replication, that defendant entered and expelled plaintiff on the Lord's day; re-
joinder, that on another day he entered for rent unpaid,and traverses entering the
faid Lord's day, Ra. Ent. 184. Similar condition; plea, that defendant, at the
end of the first year, furrendered the term, and during that year kept all the co-
venants; replication, did not pay, Ra. Ent. 183.
Plea to debt on bond, with condition to perform covenants in an indenture con-
cerning infurance of a veffel, that the fhip did not return to any port in England,
and that the fhip, on her return, by accident was within the time limited by
the deed; replication, that the fhip deviated from her voyage, and failed on
another voyage, and by the deviation was loft; rejoinder, that the ship was in
the fervice of a company of merchants in the Eaft Indies trading (of which fo-
ciety plaintiff was a member), and by order of the fociety the fhip deviated;
furrejoinder, that the money paid by the plaintiff in the adventure was
defendant's money, and traverse that plaintiff was member of the fociety at the
time of executing the deed; demurrer fpecial, Bro. R. 248.
Plea to debt on bond, &c. that there are not any covenants on the part of the under-
sheriff to be performed; replication, after oyer of the indenture; demurrer, Wi.
Ent. 319.
Plea (condition to perform covenants in indentures), that before the original inden-
ture aforefaid by confent of plaintiff and defendant was cancelled; demurrer,
plea held bad, Wi. Ent. 340.
Plea, conditions performed to a bond for keeping bye laws of a company, Bro.Met.
245; replication, breach, and demurrer.
Plea, conditions performed to indenture for part, for refidue, is ready to pay; re-
plication, and iffae, Cl. A. 325.
Plea (after oyer of condition), indenture, performance, and payment, Co. Ent. 131.
That he repaired house and hedges, Ibid. That he put grain in the granary,
Ibid. That he left tenements at the end of the term, Ibid. That lands were
difcharged of prior incumbrances, Ibid. 135. 65. 147. That he had power to
fell, Ibid. 135. 147. 635. That he was feiled in fee at the time of the indenture
made, Ibid. 147.635. That father in his lifetime, and fon fince his death, en-
joyed the lands fold, Ibid. 147. That he had not any writings that he could de-
liver, Ibid. 135. That plaintiff's counfel did not devife, nor plaintiff require
any affurance, 135. That defendant did not plough the lands, 3. Br. 168.
Plea, conditions performed generally; replication, that defendant permitted a
windmill to be uncovered, by which it went to decay, 3. Br. 171.
Plea (after oyer of condition), indenture and performance of certain covenants spe-
cially, and then pleads performance of all covenants generally; demurrer, Bro.
Plea (condition to perform articles concerning the office of deputy post-master), part
in the negative, and part in the affirmative; plaintiff affigns breach for non-pay-
ment of the money into the office; defendant demurs, 2. San. 409.
Plea (condition to perform articles about a way), fets forth the articles, and pleads
performance of covenants; replication, protelting that he did not perform, for
plea, that the way was obftructed by one of the defendant's tenants; demurrer,
Lev. Ent. 47.
Plea (to debt on bond by the sheriff and under fheriff), indenture, and special per-
formance; replication, protesting, &c. for plea that capias fatisfaciendum was deli-
VOL. VII.
vered to under-fheriff against T. for one hundred and fifty one pounds to execute,
by virtue of wh ch defendant took T. in execution, and permitted him to go at
large out of his cuftody, and plaintiff was obliged to pay the debt, fo defendant
did not indemnify plaintiff from the efcape; rejoinder, that plaintiff did not
make defendant any special warrant for the execution of the writ; demurrer, 193
and replication, proteiling, &c. for plea that a fieri facias for one hundred and fe-
venty-one pounds was delivered to defendant against J. at the fuit of T. to exe-
cate, by which defendant caufed to be levied one hundred and twenty pounds,
part of a debt which he did not pay to the court, or fatisfy T. for that plaintiff
was impleaded in C. B.; demurrer, Wi. Ent. 229.
Flea, &c. the indenture and performance of all covenants generally; replication,
that defendant permitted a ftable, part of the premises to be in decay for want of
repairs; rejoinder, did not permit, and iffue, 2. Bro. 94.; replication, proteft-
ing, &c. for plea that within three years after the date of the indenture, the de-
fendant did not rebuild a pigeon-house upon the premises as he ought; demarres,
Ro. Ent. 190.; replication, protefting, &c. for plea that defendant was not pro-
prietor of the marsh and certain land; rejoinder, that he was, Ibid. 192.
Plea (condition to furrender houfes and copyhold lands, and for quiet enjoyment
from defendant to one L.), that defendant furrendered tenements, and plain-
tiff quietly enjoyed; replication, that wife of L. claiming title under L. for term
of life, expelled; rejoinder, did not expel, Vid. 173.
Plea, that neither the faid R. C. nor his affigns, deviied any fufficient demife of
the rectory, and that he hath not yet refigned, &c. Re. Dec. 234.
Plea, conditions performed; replication, did not deliver the coals, &c. Cl. A. 339-
Like, did not deliver barley, 341.; rejoinder, and iffue.
Plea (to debt on bond to bishop and commiffary, with condition to nurse and edu-
cate an infant during minority, and to render an account on request), that the
writing-obligatory was unlawfully taken and void; demurrer, Bro. R. 220.
Plea to action brought on a letter of attorney, made irrevocable, to receive all
'money due for tithe; did not revoke, and iffue, Bro. Met. 177.
Plea to bond to the bishop, to obey a decree ecclefiaftical, that he was excommu-
nicated by the bishop's furrogate, and before executing the deed fued out a writ
de cautione admittenda directed and delivered to the bishop, and the faid deed gave
for caution, and then ought to have abfolution, and was always from thence pre-
pared to obey the decree, but the bifhop refufed to abfolve, by which he became
unable to obey; replication, always prepared to give abfolution, but never re-
quefted, and itiue, Clif. 194.
Plea (condition, payment of rent), ftatute of non-refidence; replication, did not
absent, and issue, Tho. 105. 217.
Plea (to debt on bond to fheriff against bailiff of a hundred, after oyer condition),
performance fpecial; replication, breach, for non-payment of a poft fine collected
by defendant; rejoinder, that he did pay, and ifluc, 2. Bro. 92. The. 195.
Plea (to bond, with condition that one defendant should not marry during the life
of E. without his confent), that E. died on a certain day, and that defendant,
before a certain day, did not marry; replication, that defendant, before the
death of E. was married, and traverfes that E. died on a certain day; demurrer,
bao 194
Plea (condition to take care of a madman), protefting, &c. for plea that he took
good care of E. but by living too freely he relapfed, Ro. Ent. 230.
Plea, &c. that defendant was ready to cure plaintiff of the gout, but plaintiff's
wife would not fuffer defendant to come near him, but abused the defendant, Br.
Met. 245.; replication, plaintiff fent, and refused to come, traversing the wife
hindering him, and inue on the traverse.
Piea (to bond), that defendant quietly permitted T. and affigns to carry off char-
coal without interruption of defendant or any other person; replication, and if-
The, Ro. Ent. 235.
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