Bracton: Thorne Edition: English. Volume 4, Page 223

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Volume 4, Page 223

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[001] he can never vouch his own feoffor to warranty with respect to his own act and incumbrance.

One is not bound with respect to his tenant's incumbrance.

[003] Suppose that with respect to his own act and incumbrance one has vouched his feoffor
[004] to warranty and he has warranted and given escambium; how and by what writ ought
[005] the escambium to be recalled? For example, A. enfeoffs B., B. enfeoffs C., the paternal
[006] aunt of D.; on C.'s death, D. brings the assise against B. the chief lord who enfeoffed
[007] C.; B. vouches A. to warranty and A. comes and warrants; D. recovers his seisin
[008] against A.; A. gives escambium to the value to B. At the complaint of A. the escambium
[009] will be returned to him by this writ:

Of the recovery of escambium where it has been given.

[011] ‘The king to the sheriff, greeting. We order you to cause B. to come before etc. on such
[012] a date, ¹ to answer A. as to why he took escambium from A.'s land to the value of so
[013] much land with the appurtenances in such a vill, which D. in our court before our
[014] justices recovered against the same B. by an assise of mortdancestor taken between
[015] the said D. and the same B., in which the same B. vouched the said A. to warranty
[016] against the same D., who came and warranted it to him as land which his father had
[017] given to the same B. But he was not bound to give escambium, as he says, because the
[018] said D.'s paternal aunt C., on whose death the said D. brought the assise, was enfeoffed
[019] of the said land by the said B.'s predecessors after the said A.'s father had given the
[020] same land to the said B., as the same A. says.² And have there etc. Witness etc.’ Hence
[021] when it is proved that the same B. received such escambium, he will restore it as
[022] wrongfully received. And that this is so may be found [in the roll] of Hilary term in the
[023] fifteenth year of king Henry in the county of Berkshire, [the case] of the prior of
[024] Bradley and William de Siffrewast.³

A warranty is sometimes suspended for a time because of minority or death.

[026] A warranty is sometimes temporarily suspended because of the warrantor's minority,⁴
[027] sometimes because of his death,⁵ and sometimes because of a supervening fortuitous
[028] circumstance.⁶ The principal action is not destroyed but continues, since its
[029] foundation, that is, the principal plea, upon which an edifice may be constructed,
[030] still continues, as where, while the principal parties,

Notes

1-2. B.N.B., no. 612; C.R.R., xiv, no. 1875 (Trin. 15). Earlier stage: B.N.B., no. 512; C.R.R., xiv, no. 1180 (Hilary 15)

3. Supra nn. 1-2

4. Supra 192-5, infra 224

5. Infra 225-8

6. Infra 227