Bracton: Thorne Edition: English. Volume 4, Page 181

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Volume 4, Page 181

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[001] To that intent is a case among the first pleas after the war in the county of
[002] Buckingham, [the case] of William of Avranches and Matilda his wife.¹ The contrary,
[003] however, that the view lies, appears [in the roll] of Michaelmas term in the
[004] second year of king Henry after the war in the county of Essex, [the case] of
[005] Matilda de Say and William de Mandeville.² The contradiction is solved thus, so it
[006] seems, because the first writ speaks of the purparty of sisters where the ancestor
[007] recently died, hence what is said, ‘of so much land of which such a one, who recently
[008] died, died seised,’ suffices for the view and therefore the view must be
[009] denied. In the second case a part certain of an inheritance was sought by a writ of
[010] right other than nuper obiit, ³[Where a part certain is not identified, the view must be
[011] denied, because she does not know which part of the whole ought to fall to her. And if
[012] she claims the view of the whole it will still be denied, because she has what amounts
[013] to it, that is, ‘of the inheritance of which such a one, who recently died, was seised.’
[014] This is so whether co-heir-parceners claim against a parcener or a stranger.] and
[015] though the land is claimed by writ of right as of purparty, the view must not be
[016] denied since the tenant may not have what is sought, nor does he have, instead of
[017] the view, what amounts to it. ⁴<The view is also denied in a plea of dower, with
[018] respect to lands and tenements of which the woman's husband recently died
[019] seised, because the tenant has what amounts to it, as below.> If a manor is claimed
[020] without the appurtenances, the view will be denied, because a manor is sufficiently
[021] designated by name, and let the tenant acknowledge at once that he holds it or does
[022] not, and accordingly answer or withdraw quit. If there is doubt, let an inquest be
[023] taken, subject to the penalty of a wager.⁵ If half of a manor which is neither partitioned
[024] nor divided is claimed, even without the appurtenances, the view will be
[025] denied, because which half belongs to the demandant cannot be known. If the manor
[026] is partitioned and half is claimed without the appurtenances, the view will be denied;⁶
[027] if with the appurtenances, it will be otherwise, as will be explained below. When one
[028] claims half of a manor which is undivided, with the appurtenances or without them,
[029] and claims the view of the whole, it will not be denied him, as in the case of dower,
[030] as will be explained below.⁷ The view will also be denied to an intruder if he is made
[031] the equivalent, as above,⁸ since the thing is specified, ‘into which he intruded,’
[032] especially if [it is claimed] without the appurtenances [and] the intrusion is recent.
[033] [‘Recent,’ I say, within the period of a year or less. And when he

Notes

1. B.N.B., no. 12

2. B.N.B., no. 8

3. New sentence

4. Supra i, 416

5. Infra 188, 189

6. Om: ‘eodem modo’

7. Infra 182

8. ‘si fiat . . . dictum est,’ from lines following