Michael Dormer, citizen and alderman of London v. Edward Conusor of Bloxham, Oxfordshire, gentleman son and heir of William Conusor of Bloxham gentleman deceased : Hilary term, 1540
This performance bond required adherence to the terms of an indenture for a bargain and sale. A bargain and sale typically did not include livery of seisin, but the seller was deemed immediately to stand seised to the use of the buyer: the bargain and sale created a use in favor of the purchaser. The date of the bargain and sale was immediately before the Statute of Uses and included a covenant that the seller would stand seised to the use of the buyer. A demurrer on the sufficiency of the defendant’s plea was resolved by the court in favor of the plaintiff. The precise grounds for the demurrer do not appear. Possibilities for the problem would be that the defendant asserted that there were no muniments of title to be delivered, that, because of the Statute of Uses, the defendant did not continue to stand seised to the plaintiff’s use, or simply that he had not included the effect of the Statute of Uses on the bargain and sale.
[IMG 2525] London. Edward Conusor lately of Bloxham in the county of Oxford gentleman otherwise called Edward Conusor of Bloxham in the county of Oxford son and heir of William Conusor of Bloxham gentleman deceased was summoned to answer Michael Dormer, citizen and alderman of London concerning a plea that he render to him £20 that he owes him and unjustly detains etc. And wherefore the same Michael by William Chalfount his attorney says that, whereas the abovesaid Edward on November 16 in the 27th year of the reign of the now lord king [November 16, 1535] at London in the parish of St. Sepulchre in the ward of Farringdon Extra by his certain obligatory writing granted that he was bound to the same Michael in the abovesaid £20 to be paid to the same Michael on the feast of the Nativity of our Lord then next following, nevertheless the abovesaid Edward although often asked has not yet rendered the abovesaid £20 to the same Michael but to this time has refused to render them to him and still refuses, wherefore he says that he is worse off and has damages to the value of £10, and thereof he produces suit etc. And he proffers here in court the abovesaid writing that attests the abovesaid debt in the abovesaid form, the date of which is the day and year abovesaid etc.
And the abovesaid Edward by John Couper his attorney comes and denies force and injury when etc., and he says that the abovesaid Michael ought not to have his abovesaid action against him, because he says that by a certain indenture made at London in the abovesaid parish and ward between the aforementioned Edward Conusor by the name of Edward Conusor of Bloxham in the county of Oxford son and heir of William Conusor lately of Bloxham abovesaid gentleman deceased on one part and the aforementioned Michael by name of Michael Dormer citizen and alderman of London on the other part--the other part of which sealed with the seal of the same Michael the same Edward here in court proffers, the date of which is the abovesaid day and year–it was agreed and covenanted between the same parties in the manner and form following, viz.,
[1. Edward’s argain and sale of lands in tenure of Harris, raising use for the benefit of Michael]
that the abovesaid Edward for the sum of £14 paid by the aforementioned Michael Dormer to him on the day of sealing of the abovesaid indenture, of which the same Edward acknowledges that he was well and faithfully contented, satisfied, and paid and he clearly acquitted and exonerated the same Michael, his heirs and executors by the abovesaid indenture of that and each part and parcel of the same, and he bargained and sold by that indenture to the aforementioned Michael and his heirs to the use of the same Michael and his heirs in perpetuity all and singular his tenements and virgates of land with their appurtenances then in the tenure of a certain [blank] Harrys of Blechingdon in the county of Oxford situated, lying, and being in Blechingdon abovesaid, together with all other his lands and tenements with their appurtenances situated, lying, and being in the vill, parish, and field of Blechingdon abovesaid then in the tenure of [blank] Harrys;
[2. Edward’s bargain and sale of other holdings and documents, likewise raising use for benefit of Michael]
and also the same Edward Conusor by that indenture clearly bargained and sold to the same Michael Dormer and his heirs the whole right, estate, title, use, possession, reversion, and interest that he the same Edward had or ought to have to, of, and in all and singular tenements and virgates of the land abovesaid and other the premisses with their appurtenances and to, of, and in each part and parcel of the same, and also all and singular deeds, charters, and writings, evidences and muniments concerning the virgates of land with their appurtenances or any part or parcel thereof; which certain deeds, [IMG 2526] charters, writings, and muniments the abovesaid Edward covenanted and by that indenture granted to cause to be delivered to the same Michael, his heirs or assigns before the feast of the Nativity of the Lord then next following after the date of that indenture, to have and hold all and singular tenements and virgates of land abovesaid and other premisses with their appurtenances to the aforementioned Michael Dormer and his heirs to the use of the same Michael Dormer, his heirs and assigns in perpetuity,
[3. Covenant that Edward, his heirs, and any feoffees would hold to the use of Michael]
and moreover the same Edward for him and his heirs covenanted and granted by the same indenture to and with the aforementioned Michael that he the same Edward and his heirs and all and each such person and persons and their heirs [who] then stood and were enfeoffed and seised of and in the tenements and virgates of land abovesaid and other premisses ought thence into the future to stand enfeoffed and seised of and in the same to the work and use of the same Michael and his heirs in perpetuity,
[4. Covenant that lands and tenements were unburdened]
and thereon the same Edward for him and his heirs covenanted and granted to and with the aforementioned [IMG 3573] Michael that the abovesaid tenements and virgates abovesaid and all the other premisses with their appurtenances then were clearly exonerated of all and singular statutes of the Staple, merchants, recognizances, annuities, fees, jointures, acts, demises, fines, wills, issues, entailments, amercements, condemnation judgments, executions, intrusions, arrears, quitrents, prior bargains, prior sales, and titles, and of all and each other burdens and encumbrances whatsoever, the rents and services to the chief lords of those fees wholly owed and only excepted;
[5. Covenant of title and value]
and further the same Edward covenanted and by that indenture granted to and with the aforementioned Michael that the tenements and virgates of land abovesaid and other premisses with their appurtenances on the day of the making of the abovesaid indenture were of clear annual value of 14s beyond all burdens, quitrents, and reprises, and also that the same Edward was true possessor of the abovesaid premisses and had good and perfect right, true title, full power, strength, and legitimate authority to bargain and to sell all the tenements and virgates of land and other premisses to the same Michael and his heirs in the manner and form abovesaid;
[6. Covenant to assist in securing title]
and moreover the same Edward for him and his heirs and executors covenanted and granted to and with the aforementioned Michael that he the abovesaid Edward and his heirs and all other person and persons and their heirs having, pretending, or claiming to have, or ought to have of right or then into the future pretend or claim to have any estate, right, title, use possession, and interest to, of and in the tenements and virgates of land abovesaid or to, of, and in any part or parcel of the same wholly, when, and as often as he or they or any of them by the some Michael, his heirs and assigns should be required they will cause, acknowledge and permit to be made all and such reasonable things as by fine, feoffment, deed, enrollment, recovery, release with the warranty of the same Edward and his heirs, and by other means as shall be advised or devised by the same Michael his heirs and assigns or by their learned counsel for the further assurance and appropriate certitude of all lands and virgates of land abovesaid and of other premisses with appurtenances to the same Michael and his heirs in perpetuity at the burdens and costs in law of the same Michael or his heirs;
[7. Covenant of quiet enjoyment]
and further it was covenanted and by that indenture granted on the part of the same Edward that the abovesaid Michael and his heirs in perpetuity would have, hold, and enjoy peacefully and quietly all and singular the tenements and virgates of land abovesaid and the other premisses with their appurtenances without any tribulation, vexation, damage or interruption of the same Edward, his heirs and assigns and without legitimate expulsion or interruption of any person or any persons,
[8. Michael’s provision of defeasance of the £20 bond]
and the abovesaid Michael Dormer for him and his heirs willed and by that indenture granted that if the abovesaid Edward and his heirs well and faithfully formed, served, fulfilled and guarded all and singular the covenants, grants, and agreements abovesaid that on his part or parts then were to be performed, observed, fulfilled, and guarded in everything as is said above, that then a certain writing obligatory of the date of that indenture in which Edward was bound and obliged to the same Michael in £20 sterling will be void and had for nothing, but otherwise would remain in its full strength and effect as by the same indenture more fully appears,
and the same Edward says that on the day of the making of the abovesaid indenture nor ever afterwards were there ever any deeds, charters, writings, muniments [IMG 3574] concerning or looking to the abovesaid tenements and virgates of land with their appurtenances nor any parcel thereof; and further the same Edward says that he and his heirs and all other person and persons and his heirs at the time of the making of the abovesaid indenture seised and enfeoffed of and in the abovesaid tenements and virgates of land and other premisses were and stood thereof seised and enfeoffed after the making of the abovesaid indenture to the use and benefit of the abovesaid Michael and his heirs in perpetuity; and also the same Edward says that he exonerated the tenements and virgates of land abovesaid of all statutes of the Staple, merchants, recognizances, annuities, fees, jointures, dowers, demises, fines, wills, issues, entailments, amercements, condemnations, judgments, executions, intrusions, arrears, quitrents, prior bargains, prior sales, and titles and of all other encumbrances whatsoever, the rents and services looking to the lords of those fees after the making of the abovesaid indenture only excepted; and moreover the same Edward says that the tenements and virgates of land abovesaid [IMG 2527] with appurtenances on the day of the making of the abovesaid indenture were of clear annual value of 14s beyond all burdens, rents, and reprises; and also the same Edward at the time of the making of the abovesaid indenture was the true possessor of the abovesaid tenements and had good and perfect right, true title, full power, strength, and legitimate authority to bargain and to sell the tenements and virgates of land abovesaid and other premisses to the aforementioned Michael Dormer and his heirs in the manner and form above limited; and also the same Edward says that the aforementioned Michael or his assigns or the learned counsel of the same Michael or his assigns after the making of the abovesaid indenture and before the date of the original writ of the same Michael did not advise or devise anything for the greater assurance or security and the making secure of the tenements and virgates of land abovesaid and the other premisses with appurtenances to the aforementioned Michael and his heirs in perpetuity; and further the same Edward says that the abovesaid Michael had, held, and enjoyed the abovesaid tenements and virgates of land and other premisses peacefully and quietly without any tribulation, vexation, damage or interruption of the same Edward, his heirs and assigns and without legitimate expulsion or interruption of any other person or other persons that are all and singular covenants, promises, grants, and agreements specified in the abovesaid indenture that on the part of the same Edward are to be performed or fulfilled, and this he is ready to verify, wherefore he seeks judgment if the abovesaid Michael ought to have his abovesaid action against him etc.
And the abovesaid Michael says that the abovesaid plea of the abovesaid Edward pleaded above in bar is less sufficient in law to preclude the same Michael from having his action abovesaid against the same Edward and that he has no need and is not bound to answer to that plea in the manner and form abovesaid pleaded; and this he is prepared to verify, wherefore for default of a sufficient response in this part the same Michael seeks judgment and his abovesaid debt together with his damages by occasion of the that debt to be adjudicated to him etc.
And the abovesaid Edward, since he above alleged sufficient matter in law to preclude the abovesaid Michael from having his abovesaid action against him, which he is prepared to verify, which certain matter the abovesaid Michael does not deny nor answer to it in any way but wholly refuses to admit that verification, seeks judgment and that the abovesaid Michael be precluded from having his abovesaid action against him etc. And because the justices here want to advise themselves of and on the premisses before they render judgment thereof, day is given to the parties abovesaid here at 15 days after Easter to hear thereof their judgment, because the same justices here thereof still etc. At which day came both the abovesaid Michael and the abovesaid Edward by their abovesaid attorneys, whereon, the abovesaid plea of the abovesaid Edward pleaded in bar above having been seen and fully understood by the justices here, it seems to the same justices that that plea is less sufficient in law to preclude the abovesaid Michael from having his abovesaid action against the aforementioned Edward. Therefore it is considered that the abovesaid Michael recover against the aforementioned Edward his debt abovesaid and his damages by occasion of the detention of that debt at 20s adjudicated to the same Michael by his assent by the court here. And the abovesaid Edward in mercy etc. Afterwards, scilt., on November 25 in the 32nd year of the reign of the now lord king [November 25, 1540] came the abovesaid Michael by his attorney abovesaid and acknowledges that he is satisfied of the debt and damages abovesaid. Therefore, let the abovesaid Edward be quit of the debt and those damages etc.