Harvard Law School Library

Bracton Online -- English

Previous   Volume 4, Page 230  Next    

Go to Volume:      Page:    




If the vouchee held only for life when he enfeoffed the tenant, and dies after being vouched as owner, before he has warranted, where the land ought to revert to the owner who claims.


[002] Suppose that he who is vouched to warranty held the thing claimed only for his life,
[003] and dies before he has warranted, and that the land ought to revert to the owner who
[004] claims. Neither the principal writ nor the warranty falls, but let the plea of warranty
[005] begin afresh in the person of the heir, [that is], if he who held for life enfeoffed in fee.
[006] If he enfeoffed only for his life, the warranty then falls completely and the principal
[007] plea will continue; if for the tenant's life, then the warranty will hold. On this there is
[008] matter above [on gifts.]1

When the last warrantor does not wish to vouch over, let him at once deny the demandant's right.


[010] When the last warrantor is unwilling or unable to vouch over, he then either denies
[011] forthwith the demandant's right and seisin and the whole, by the body of one of his
[012] free men, by the duel, or puts himself upon the grand assise, or, with the consent of
[013] the tenant, acknowledges the thing claimed to the demandant, [that is], unless he has
[014] exceptions to put forward against the demandant. There are general exceptions
[015] which lie both for the tenant and the warrantor, which the warrantor may put forward
[016] if he wishes. There are also some which lie only for the tenant and not the warrantor,
[017] which the warrantor may not put forward, and conversely, for though an exception
[018] sometimes lies against a person, it is not everyone who is entitled to raise it, only
[019] he whose concern it is. Hence it is evident that exceptions put forward by the principal
[020] tenant and quashed by judgment, or which2 the tenant tacitly renounced by
[021] vouching a warrantor before he had raised them, do not lie for him who3 has warranted,
[022] as exceptions against the writ, with respect to error and the like, [if it is true
[023] that the principal tenant's tacit renunciation can prejudice the warrantor.]

The intentio having been put forward against the warrantor, if he claims the view it will be refused him.


[025] When the demandant has put forward his intentio, as aforesaid, if the warrantor
[026] claims the view it will be denied him, for he knows or ought to know that land he has
[027] warranted to his tenant, and from what land he took homage and service.4 After the
[028] view has been denied him, if he says that he [the tenant] does not hold all5 the land
[029] claimed,



Notes

1. Supra ii, 91; a repetition of supra 228

2. ‘quae’

3. ‘qui’

4. Supra 216

5. ‘totam’


Contact: specialc@law.harvard.edu
Page last reviewed April 2003.
© 2003 The President and Fellows of Harvard College