The touchstone of precedents, relating to judicial proceedings at common law by G.F. of Grayes-Inn, Esquire.
- Title
- The touchstone of precedents, relating to judicial proceedings at common law by G.F. of Grayes-Inn, Esquire.
- Author
- G. F., of Gray's-Inn.
- Publication
- London :: Printed for Awnsham Churchill ...,
- 1682.
- Rights/Permissions
-
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- Subject terms
- Common law -- England.
- Judicial process -- England.
- Link to this Item
-
https://name.umdl.umich.edu/A40473.0001.001
- Cite this Item
-
"The touchstone of precedents, relating to judicial proceedings at common law by G.F. of Grayes-Inn, Esquire." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A40473.0001.001. University of Michigan Library Digital Collections. Accessed May 6, 2024.
Contents
- title page
- TO THE READER.
-
text
- Abatement of Writ or Count.
-
For the Pleading of Matters of Record in Abatement,observe, - What persons shall be admitted to plead in Abatement, and what not.
- Where the Writ abates in part by the Act of the Court, and where it is abated by the Par∣ties own Confession.
- A Defendant or Tenant cannot abate a Writ by his Act; but the Act of the Plaintiff or Demandant and the Act of God, and also the Act of an Estranger may abate the Writ.
- WHere the Grant shall be good ab initio although it was incertainat the commen∣cement.
-
Able andDisable. - Acceptance.
- Action.
- Where a man shall have an Action against his own Deed.
-
A man hath good cause of Action sometimes, and yet by matter
ex post facto and by the Act of a Stranger his Action is destroyed. - Amendment.
- Appearance.
- Annuity.
- Arbitrement.
- Audita Quaerela.
-
Avowry, videReplevin. - As to Avowries 5 things are to be known.
- Where in Avowry the Defendant shall answer to the seisin, and where he shall traverse.
- Where the Effect of the Plea shall be Traver∣sed.
- Bail.
- Bankrupt.
- Barr.
- To plead a thing by way of Barr or Estoppel which the Demandant or plaintiff is to defeat or destroy by the Usageof his Action, is no good Plea.
- Where a man Pleads a Recovery in Barr, he ought to add more to it, or otherwise the Re∣covery is no Barr.
- Where a man demands a Debt or any thing by Deed, he shall not be Barred but by deed, or a thing of as high a nature.
-
Where a man shall Plead a Barr which shall comprehend one matter in fait,and where it shall comprehend two matters. - Of Barrs perpetual.
- Cinque-Ports.
-
Custom 's andPrescriptions. - When the Custom of the Realm is the Common Law.
- How, and in what manner a Custom may be plead∣ed; and when it shall be a good plea, and when not.
- Debt.
- Detinue.
- Of Disclaimers and Discontinuances of Actions.
-
Distress videTrespass. - Error.
- Execution.
- Of Estoppels and Conclusions.
- Where he in Reversion or Remainder claims nothing by Tenant for Life, he shall not be estopped.
- If a man will plead a Record to estopp him that was privy, he ought to shew what end the Action had.
- Where a man hath Judgment to recover Land, by that Judgment he shall be estopped to claim any other Title than he hath by the Reco∣very.
- Of some Estoppels none shall have advantage but those who are parties or privies.
- But of some Estoppels every one shall have ad∣vantage.
-
User of Action is no Estoppel to prejudice an other, viz.Heir &c. -
In no Case one person shall estopp another but in Dower. -
In every Case where I am Barred of Land, as if it be found that I am not next Heir, this Estoppel shall pass with the Land, and every one that claims the Land by me shall be Estop∣ped, but of other Lands it shall be no Estop∣pel against me. 33 H. 6. - No Stranger shall take advantage by an Estop∣pel, but where the Estoppel extinguisheth the Right.
- A Stranger shall not take advantage of an Estoppel in fait, if it be in the Realty, but by matter of Record it is otherwise.
-
Fines
and Recoveries. - Heir.
- Outlawries and Outlaws.
- Partition.
- Priviledge.
-
Pars
n. - Of Pleas and Pleading.
- Quare Impedit.
- Release.
- Replevin.
- Scire Facias.
-
Sheriff, Bailiff, &c. -
Observations upon the Statute of
29 Car. 2. Regis, for prevention of Frauds and Per∣juries. - Trespass.
- Wager of Law.
- Wast.
- Wills.
- Witnesses.
- Words.
- THE TABLE.