Bracton: Thorne Edition: English. Volume 4, Page 227

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Volume 4, Page 227

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[001] to warrant in the place of his father; if he is within age let his age be awaited.

The whole plea will remain because of the minority of one warrantor and let him afterwards be resummoned.

[003] If several warrantors, who are so to speak a single heir, are vouched with respect to
[004] their ancestor's feoffment and one of them is under age, the plea of warranty will remain
[005] because of his age, until he comes of age, as though all were within age,¹ with the
[006] qualification stated above.² If one or several die and have heirs of their bodies who
[007] are under age, or of full age, let the heirs then be summoned in the manner aforesaid
[008] and let it be done as above. If they have no [heirs] other than their co-heirs, to whom
[009] the deceased's right descends by the jus accrescendi,³ it would be inequitable and
[010] burdensome if, because of that part which has newly accrued to them, all would have
[011] to be summoned afresh, their earlier essoins and delays not being charged against
[012] them, since suits and delays are to be curtailed rather than enlarged;⁴ the action need
[013] not therefore be begun anew but let the process that was begun continue.⁵ ⁶<If several
[014] warrantors are vouched who are, so to speak, a single heir, we must then see whether
[015] partition has been made among them or not. If not, all are to be named and vouched
[016] together, as one body, and none will answer without the other. If the land has been
[017] partitioned, we must then see whether the feoffment, with respect to which they are
[018] vouched⁷ to warranty, was made by a parcener after partition or by their common
[019] ancestor before partition. If by one parcener alone, let him alone be vouched and
[020] answer for his own act without the others; if by the common ancestor, let them all be
[021] vouched, nor is it useful to name one only, though one could answer, [because he could
[022] answer] that he should not be bound to answer to the warranty without his parceners,
[023] so that the others would be summoned to warrant with him.>⁸

A warranty is suspended because of uncertainty, by reason of a child in the womb.

[025] A warranty is also suspended because of uncertainty as to the warrantor, as where two
[026] claim as heir and which of them is the rightful heir cannot be established before judgment.
[027] And so if a woman is pregnant and it cannot be established whether the child
[028] will be born alive or dead, or when it is born, whether it will be a human being or will
[029] turn into a monster.⁹

If the vouched warrantor has been appealed of life and members.

[031] A warranty also remains in suspense if one has been vouched to warranty

Notes

1. Supra iii, 266

2. Supra 224-5

3. Supra 173

4. Drogheda, 127; D. 48.19.42

5. Cf. supra iii, 266-7, 306

6. Not in list of addiciones supra i, 417

7. ‘vocati sunt’

8. Supra 127, infra 330, 337

9. Supra 198