HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0993 and id is 1 raw text is: PLEADINGS TO THE CASES
made and provided, sheweth to the Court here the causes following, that is to say,
that the said plea is uncertain, and wants form; and the said William traverses matter
in that plea which is not traversable.
Joinder in demurrer.
MICHAELMAS TERM IN THE EIGHTH YEAR OF KING WILLIAM THE THIRD.
ROLL 325 OR 326.
ALLEN against HARRIS. 1 Ld. Raym. 122.
Trover for a silk waistcoat.
Winf ord.
Kent, (to wit).-William Harris late of Nockholt in the county aforesaid, yeoman,
was attached to answer to John Allen the Younger, of a prea of trespass upon the
case, &c. And whereupon the said John by Henry Streatfield his attorney complains,
that whereas the said John on the first day of December in the 7th year of the reign
of the lord the now King, at Chiddingstone in the county aforesaid, was possessed of
a silk waistcoat to the value of 51. as of his own proper goods and chattels; and being
so possessed thereof, casually lost the goods and chattels aforesaid out of his hands
and possession; which said goods and chattels afterwards, to wit, the day and year
abovesaid at Chiddingstone aforesaid, came to the bands and possession of him the
said William, by finding: nevertheless the said William knowing the goods and
chattels aforesaid to be the goods and chattels of the said John, and to him the said
John of right to belong and appertain, but contriving and fraudulently intending
craftily and subtilly to deceive and defraud the said John of the goods and chattels
aforesaid, hath not delivered the goods and chattels aforesaid (although often
requested) to him the said John, but afterwards, to wit, on the first day of January
in the 7th year of the reign of the said lord the now King at Chiddingstone aforesaid
con-[116]-verted and disposed of the goods and chattels aforesaid to his own proper
use, to the damage of him the said John of ten pounds; and thereupon he brings
suit, &c.
And the said William by Edward Godsoll his attorney comes and defends the
force and injury when, &c. and saith, that the said John ought not to have his said
action against him, because he saith, that well and true it is that he the said William
hath converted and disposed of the said silk waistcoat to the proper use of him the
said William, in manner and form as the said John by his said declaration against
him above supposes: but the said William further saith, that after the said time when
the conversion of the silk waistcoat aforesaid is above supposed to be done, to wit, on
the 10th day of January in the 7th year of the reign of the said lord the now King at
Chiddingstone aforesaid, in consideration that he the said William, at the special
instance and request of him the said John, then and there assumed upon himself, and
to the said John faithfully promised to pay to the aforesaid John twenty shillings
of lawful money of England, when he should be thereunto requested, for the said silk
waistcoat, and in full satisfaction and discharge of the charge aforesaid, he the said
John did then and there discharge and acquit him the said William of the silk waist-
coat aforesaid, and of the conversion aforesaid, and of all actions and demands whatso-
ever of and concerning the silk waistcoat aforesaid, and the conversion of the same
silk waistcoat; and this he is ready to verify: wherefore he prays judgment if the
said John ought to have his said action against him.
Demurrer.
Joinder in demurrer.
HICKES against WOODSON. 1 Ld. Raym. 137. B. R.
Prohibition to the Spiritual Court, as to tithes.
Somersetshire, (to wit).-Nicholas Hicks who sues as well for the lord the King
and lady the Queen as for himself in this behalf, complains of Samuel Woodson, clerk,
$ LD. RALYM. 116.](ViewImageLocal?handle=hein.slavery/ssactsengr0993&div=1&collection=&method=preview&ext=.png&size=3)