I

REPORTS ' O F

Sir G EORGE CROKE, Knight,

e 1

SELECT C ASES

(^t » ' A DJUDGED IN THE \ C OURTS of KING's-BENCH and COMMON-PLEAS, ■ ■ I N THE EEIGKI OF

QUEEN E LIZABETH, KING JAMES, and KING CHARLES I,

IN Tj^JftÆE VOLUMES.

HEVOLUME T FxRST— PART THE FIRST, FROMHE T TWENTY- F OURTH TO THE THIRTY -EIGHTH YEAR - O F

QJJ E 'EN ELIZABETH. REPORTS O F

Sir G EORGE CR^KE, Knight,,

FORMERLY O KB OF THE jusVtices

OFHE T COURTS o f KINGVBENCH and COMMON-PLEAS, OF S UCH

SELECT C ASES AS W ERE ADJl/DGED IN THE SAID COURTS DURING THE

REIGN o f QUEEN ELIZABETH.

COLLECTED A ND WRITTEN IN FRENCH,

By H IMSELF;

MDKEVIJED A PUBLISHED IN ENGLISH, By S ir HARBOTTLE GR1MSTON, Baronet, MASTERF O THE ROLLS. ■ ■

THe'FOURTH E DITION, corrected; WITH MARGINAL N OTES and REFERENCES to the LATER REPORTS, AND OTHER BOOKS OF AUTHORITY,

By T HOMAS LEACH, Esq,. •UB P T MIDDLE TBMPLE, BARRISTER. AT LAW.

L O D O N i OR^RtNTED F E. AND R. BROOKE, BELL-YARD, TEMP1E-BAR ) AND T. WH.IELDON, FLEET-STREET. M,DCC,XC. OS' 328 Trinity Term, 36. Eliz. In the Queen's Bench. Sir John Popham, Knt. Chief Justice. Sir Francis Gawdy, Knt. , 1 John Clench, Esq. \ Justices. Edward Fenncr, Esq. J Sir , Knt. Attorney General. Solicitor General.

Ciit Humble against Glover. Hilary Term, 36. El.:z. Roll 420. The bargainee EBT upon a lease for years, made by Tbo. Plav to the de of ihe reversion fendant. And declares upon an assignment of the revcr of a term can D not bring debt iion by indenture of bargain and sale enrolled. The de- sor rcntagainst fendant pleads, that after the grant of the reversion, and before any the Ufa, after rent arrear, he assigned over his term to Scotmead, and doth an assignment not name his christian name ; but a blank, was left foi it. Upon of the le.il'e. Post. 633.635. this plea it was demurred. Foph. ^5. no. First Point. If thelesseeshall be charged with therentafter the Goulds. 182. assignment of his term r — And resolved he should not. Vide 3. Ca. 23. b. Moor, 351. for there is 'no privity between the bargainee and lcllee, but by Jones, 44. reason of the privity of estate, which being gone, the lessee is Daugl. 183.1S8. not chargeable : but between the lessor and lessee he shall not dis charge himself, by assigning over his term ; for the privity is by reason os the enntract and reservation, rather than by the occupa tion of the land ; which by his own act he shall not . discharge : but in this cafe the privity is destroyed. A grant omit Second Point, It was moved, that the pleaisnotgood; foragrant ting the chris to one not naming his christian name is void : for it is uncertain tian name of tt grantee is voic ; to v.homthe giant is, except die grant be to one who, by reason Ante, 57. 59. of his dignity or office, it is known there is no other of the fame name; as "to Popham, Chics Justice,'" or " Glanvile, serjeant;'1 Co. Lit. 3. a. Cio.Jac. 558. and yet in that' cafe it must be averred that there are no more of that name : and if an obligation or grant be made to one, and his christian name is mistaken, the grant is void ; so a grant made by him, a fortiori, where there is no christian name. — And of that opinion was all the Court, except Fenner, and, that the plaintiff shall have judgment to recover: but no judgment was given, because the pica was discontinued. Case 2. Brooke against Clarke. Easter Term, 36. F.lix. Roll 397. Slmdercus ACTION for words. For that whereas Clarenceux, king of weds which arms, had a patent of his office ; and that he rnight grant afficr a man'j profession aie commission to any to be his deputy, to visit in things concerning actionable; and his office ; and he by his commission did appoint the plaintiff to though a verdict be his deputy in the counties of and ; and the n,!™nkd ?

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