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Forcible Entry, &c.
Thirdly, Where the party in possession, is in by
Right, and of a lawful
State, and where by wrong. And therefore if the Disseisor (or
other
person that cometh in by a wrongful and unlawful title) hath continued
such his possession peaceably by the space of three years, without
interruption.
It seemeth he shall not be aided by either of these Statutes of 8 H.
6.
or 31 El. |
Chap. 129.
21 H. 6.
18. b.
F. Entry
20.
Br. Force
6.
Vid. 23 H.
8 p. seq. |
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For if a Disseisor hath continued his possession
forcibly by the Space
of twenty years together, yet he may be indicted upon the Statute of
8
H. 6.
before a Justice of Peace, of the Forcible detaining of the same; and
the
same being found, the said Justice of Peace is to reseise the same,
and to
award Restitution to the party disseised, or so put out. |
14 H. 7. 28.
Br. Force
19. |
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Fourthly, Where the party hath continued such his
possession three
years without interruption, and where his possession hath been interrupted
or discontinued. |
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For if a Man hath been in peaceable possession of
Land, &c. by the
space of three years, and above, by good title, and then is disseised
and
expelled by force, and the Disseisee re-entreth peaceably; or the Disseisor
is therefore indicted upon the Statute of 8 H. 6. and the Disseisee
is
thereupon restored, and is in possession accordingly, yet in these
cases the
Disseisee cannot justifie the Detainer of the possession of those Lands
by
force, because his possession was once interrupted: But after,
(such interruption
and re-entry, or restitution) if he shall continue a peaceable possession
again for three years together, then it seemeth he may justifie the
Detainer
of the possession thereof by force, by vertue of the Proviso in the
Statute of 8 H. 6. |
Br. Force
Dyer 141.
22 Br. 29. |
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If a Disseisor hath continued his possession peaceably
three years, and
after the Disseisee doth re-enter, or doth make his Claim so near as
he
dareth, and then the Disseisor re-enters again, or continueth his possession
(after such Claim) here the Disseisor cannot justifie to hold the same
with
force; for by the re-entry or claim of the Disseisee, the first Disseisin
and
possession of the Disseisor was determined, and the Disseisor is in
of a new
Disseisin. |
23 H. 8.
Br. Force.
c. 22.
Litt. 429. |
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Also, if he that hath been a lawful possessor of
Lands by the space of
twenty years together, be once clearly and wholly removed from the
possession of the same Land, he cannot come with force, or multitude,
to
put himself in possession thereof again, and to detain the same with
force,
because his possession was not interrupted: And if he be indicted
(upon
the Statute of 8 H. 6.) for such Forcible Entry, he shall not
be relieved
(touching the Restitution) by the Statute of 31 Eliz. for that
he had not
the occupation of the said Lands, nor had been in quiet possession
thereof
by the space of three years together, next before the day of such Indictment
found. |
Dyer 141. |
1. Action
upon the
Statute of
8 H. 6. |
How many several Remedies the Party hath, which forcibly and actually
is
either put out or kept out of the Possession
of his Houses or Lands, &c.
contrary to these Statutes.
CHAP. CXXIX. V. 80.
FIrst, The party so grieved (having an estate for
Life, in Tail, or Fee)
may have his Assize, or Action of Trespass of Forcible Entry upon
the Statute of 8 H. 6. against such Disseisor; and therein if the
Defendant
be attainted of Force, he shall fine to the King, and also answer to the
Plaintiff his treble damages, and treble costs of Suit; and also the Plaintiff |
4 H. 4. c. 8.
1 R. 2. c. 9.
8 H. 6. c. 9.
P. 2.
F. N. B.
348. c. &
240. a. |
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