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![handle is hein.slavery/ssactsengr0940 and id is 1 raw text is: TRIN. 29 CAR. II. B. R.
[785] 34. DOMINUS REX AND HUTCHINSON.
Coron.
On habeas corpus it appeared the defendant was committed to Newgate on
suspition of murder in Portugal, which by Mr. Attorny being a fact out of the Kings
dominions, is not triable by commission, upon 35 H. 8, cap. 2, § 1, n. 2, but by
a constable and marshal, and the Court refused to bail him, &c.
35. BUTTS AND PENNY.
Trover.
Special verdict in trover of 10 negroes and a half find them usually bought and
sold in India, and if this were sufficient property, or conversion, was the question.
And Thomson, on 1 Inst. 116, for the defendant, said here could be no property
in the plaintiff more than in villains; but per Curiam, they are by usage tanquam
bona, and go to administrator untill they become Christians; and thereby they are
infranchised: and judgment for the plaintiff, nisi, and it lieth of moety or third part
against any stranger, albeit not against the other copartners.
36. INGRAM AND BRAY, BAILIFF OF TREVILL. Monday, June 25.
Heriot.
Error of judgment in C. B. in replevin, where the defendant avowed for rent and
heriot: in bar of the heriot, the plaintiff pleaded a former distres taken by A. and B.
and conusance made by them in the name of the defendant (not said by his privity)
and that a recovery was had against them; to which the avowant demurred ; & per
Curiam, this is no bar without assent of Trevil, but the plaintiff could not aver it was
not by assent. 2. As to the rent, the plaintiff replied by release of all demands,
which by Twisden is an extinguishment of the rent, on Lit. sect. 510, but in 2 Cr.
286, 300, its agreed it was no extinguishment: which Twisden said was against his
opinion, 2 Cr. 480, 170. But judgment for the avowant affirmed, nisi.
[786] 37. HANCOCKE AND HANCOCKE.
Surrender.
Debt by the plaintiff as administrator of Tydbury against the defendant executor
of another Hancock, conditioned that if the obliger pay 2001. by the 1st of December
1634, that then the surrendree Hancock the testator should reconvey, on request;
the plaintiff alledgeth request 1644 ; to which the defendant demurred, & per Curiam
the surrender being absolute and trust only for paiment, there being no paiment at
the day, this mortgage is irredeemable. And judgment for the defendant, nisi.
38. DUTTON AND POOL.
[S. C. 2 Lev. 210; 1 Ventr. 318; T. Ray. 302. Questioned, Tweddle v. Atkinson,
1 B. & S. 399.]
Assumpsit.
Action upon the case by the husband of the daughter of Sir Edward Pool tenant
for life without impeachment of wast, who was about to fell trees for rasing portions
for his children; and Nevil Pool the defendant (the heir at law) promised to the
father Sir Edward Pool in consideration of forbearance to pay 10001. to the plaintiff.
Tinder on 3 Cr. Rippon and Norton, praied judgment, the defendant having benefit,
albeit he be not alledged heir: but the release of Sir Edward Pool would be a
discharge, and therefore the plaintiff is a meer stranger, as 1 Roll. 30, and its not
1011
3 REBLE, 785.](ViewImageLocal?handle=hein.slavery/ssactsengr0940&div=1&collection=&method=preview&ext=.png&size=3)