A Notes of Cases in Points of Practice, Taken in the Court of Common Pleas at Westminister From Michaelmas Term, 1732, to Hilary Term, 1756, Inclusive. Published with the Approbation of the Judges of the Said Court. to Which Is Added

Great Britain Court of Pleas

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1790 edition. Excerpt: ...and an Elegit upon this Judgment appeared to be executed in 1735 and that Milner had Notice thereof, who seemed, upon the Affidavits, to be a colourable Purchaser to assist Defendant. Per Cur The true Time of doquetting not S 3 being being concealed, and no Fraud appearing on the Part os the Plaintiff, We will not interpose Milntr may bring his Ejectment, and take what Advantage he can. It appeared that Milner had not made any Search for Judgments against Defendant till after his Purchase. The Rule was discharged. Prime and Rootle for Plaintiff Birch and Agar for Milner. Note Milner having brought his Ejectment before this Motion came on, the Cause was tried at York at the Summer Assizes 1740, before Mr. Justice Parker when Wait, who was in Possession, set up the above Judgment, in Opposition to Milners Title but Milner proving, by the Clerk to the Clerk, of the Essoigns, that the Judgment-Roll was not carried in to the Cleric of the Essoigns and doquetted till 29th June 1737, and the Purchase-Deeds being executed 18th & 19th January 1736, the Judge of Assizes determined, That the Judgment, by Reason of its not being doquetted antece-. dent to the Purchase-Deeds, was no Bar to Milners Title: Therefore a Verdict was found for Plaintiff. Fowler against Whadcock, Easter 14 Geo. 2. ARule was obtained by Plaintiff to shew Cause why Judgment should not be entered nunc pro tune. The Cause was tried in London at the Sitting after Trinity Term 7 is 8 Geo. 2. Defendant filed a Bill in Chancery, and got an Injunction, which was dissolved 19th May 1740, and then Search was made among Higham the late Associates Papers, but the Pofiea could not be then found. 2ist June 1740 Defendant died. It appeared that the Bill in Chancery was...