Author Topic: Help with Legal Record  (Read 390 times)

Offline MattD30

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Help with Legal Record
« on: Monday 03 April 23 15:43 BST (UK) »
Is anyone here able to help translate this record which I believe relates to case in Chancery.

I believe it is a legal ispute between Thomas Searles and Thomas Stransham [executors of J Dryland?] [Defendants] and Francis Swain [Plaintiff]. It probably relates to case in the Court of Chancery from what I can tell.

Beyond that I can read a few words and the names but I am a little stuck given the legal language used.

Thank you all for any help.

Matt

Offline phenolphthalein

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Re: Help with Legal Record
« Reply #1 on: Tuesday 04 April 23 07:58 BST (UK) »
Mat
In cas it is any uuse the language is French not Latin. It appears to be modern french.

There are quite a few "the said" so and so.
Try reposting asking for a translation from Frebch or find a french speaker. Local high school teacher might oblige. There is probably a Fench to english translator or dictionsry on Google.

Its been quite some time since my high school french,
Regards 
Ph

Offline Bookbox

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Re: Help with Legal Record
« Reply #2 on: Tuesday 04 April 23 09:55 BST (UK) »
It's not Chancery, but a report in 'law French' (not modern French) of a case heard in the Court of Common Pleas about 1565. I sketched it out last night and will post it tonight if no-one else has by then.

Offline MattD30

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Re: Help with Legal Record
« Reply #3 on: Tuesday 04 April 23 17:05 BST (UK) »
Many thanks to phenolphthalein and Bookbox for pointing out this is written in "legal French" rather than Latin. I presumed that it was in Latin by mistake.

I was going to try to run it through a translator online but if this is old "law French" then it might not translate it.

I will look out for any updates on this from you both.

Thank you again for any help.

Matt


Offline Bookbox

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Re: Help with Legal Record
« Reply #4 on: Tuesday 04 April 23 23:30 BST (UK) »
It's a summary of a case heard in the Court of Common Pleas in Michaelmas Term, 7/8. Elizabeth (= 1565), published in a volume of law reports. To summarise, as I understand it ...

John Dryland was tenant for life in a property, with the reversion going to Thomas Serles, one of his executors. But meanwhile Dryland leased the property to Francis Swain for 15 years, with a covenant guaranteeing Swain’s peaceful occupation. Swain entered on the property, Dryland died, and Serles (as Dryland’s executor) then ejected Swain. Swain then brought an action of breach of covenant against Serles and Strensham, but judgment was given in favour of the executors. The case seems to turn on whether the terms of a covenant can be held to prevail after the death of a tenant for life. The report references a similar case that was heard in Trinity Term, 22. Elizabeth (= 1580).

The common pleas for 1565 seem not to have been indexed yet, so to find the original you would have to trawl through the online images (series CP 40) in Michaelmas 1565 to find rotulet 1137, and then it will be in Latin.
http://aalt.law.uh.edu/Eliz.html

Offline phenolphthalein

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Re: Help with Legal Record
« Reply #5 on: Friday 14 April 23 06:35 BST (UK) »
I am so pleased that bookbox is so knowledgable and able to assist Matt. Well done and thank ypu
phenolphthalein