A Treatise Upon the Law of Usury And Annuities

Cover A Treatise Upon the Law of Usury And Annuities
A Treatise Upon the Law of Usury And Annuities
Plowden, Francis, 1749-1829
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3s, cites 9 H. 7. 16. Br. Dctte, pi. 145. Vin. Annuity 516.
^ Br. Annultie, pi. 2g.
* Ibid. 46. He refers for more concerning Annuities to Fitzhcrbert and Stat, and ii Nat. Brev. And the Reg.
^nd Book of Entries, *' it ties AND ANNUITIES. 247 ■** rt continues, and It fhall be in the detinct, part it. '* where the writ of Annuity is in the debet. '" ^^^_i * In Annuity the flierifF returned nihil, and Annuity ot was compelled to amend his return ; for no fuch vers coun. Procefs as capias did then
... lie in Annuity. But fince that time, by the 23 Henry VIII. C. 14, the like procefs may be had in every writ of Annuity and Covenant, as in an action of debt ". If a rent be granted out of land in two coun- ties, affize does not lie, but writ of Annuity: the reafon, I prefunie, being, becaufe the lands of both counties cannot be put in view of the re- cognitors of the aflize : whereas Brooke parti- cularly fays, that if a man grant rent out of land in one county, and give a power to dlltrein for it upon land in another county, and he bring nffize, the affize (liall be in the liril county : but if both lands lie in the fame county, they fhall be both put in view.

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