1817. HARDMAN v. CLEGG. and every of them should be in priority of birth and seniority of age, and the heirs of his and their body and bodies lawfully issuing; the elder of such sons, and the heirs of his body, being always preferred before the younger of them, and the heirs of his body lawfully issuing; and that for default of such issue, that then he gave and devised the said premises to his nephew James Hardman for his life, without impeachment of waste, with remainder, to the said James Baron and Joseph Baron, and their heirs, to preserve contingent remainders; which contingent remainders were by the last will and testament of the said testator John Hardman expressed to be, and he thereby gave and devised the said undivided moiety of the said premises, with the appurtenances, to the use and behalf of the first and every other son and sons of his said nephew James. Hardman, and the heirs of the body and bodies respectively of such said son and sons, in the same order and manner as he had therein before applied the said premises unto the son and sons of his said nephew John Hardman. The right to the said undivided moiety of the said tenements, with the appurtenances, descended and came to the said John Hardman as nephew and heir of the said John Hardman, who was seized of the said premises as aforesaid, that is to say, as the son and heir of the said James Hardman, who was the only brother of the said John Hardman, who died seized as aforesaid, subject to the right of dower of the said Jane, the wife of the said John Hardman, which right of dower became determined and ceased by the death of the said Jane Hardman, in 1817. HARDMAN 0. the lifetime of the said John Hardman the nephew, and also subject to the several estates in the said undivided moiety of the said tenements, with the appurtenances, given and devised by the said CLE GG. last will and testament of the said John Hardman, who was seized of the tenements as aforesaid, and from the said John Hardman the nephew, in whose lifetime the said James Hardman the nephew died without ever having had any heirs or issue of his body, and which John Hardman the nephew also died without ever having had any heirs or issue of his body. Whereupon all the estates of freehold and inheritance of and in the said undivided moiety of the said tenements, with the appurtenances, devised and created by the said last will and testament of the said John Hardman, who was seized of the said premises, being determined or incapable of taking effect, the right to the said undivided moiety of the said tenements, with the appurtenances, descended and came to one other James Hardman, as eldest cousin and heir of the said John Hardman the nephew, to wit, as son and heir of one other John Hardman, who was son and heir of one other John Hardman, which last mentioned John Hardman was the eldest brother of one other James Hardman, the said last mentioned John Hardman and James Hardman being sons of one William Hardman, which last mentioned James Hardman was the father of one Richard Hardman, which Richard Hardman was the father of the said James Hardman, the brother of the said John Hardman, who was seized of the said premises as aforesaid, which last-mentioned James 1817. v. CLEGG. Hardman was father of the said John Hardman, the nephew of the said John Hardman, who was HARDMAN seized of the said premises as aforesaid. And from the said James Hardman, the eldest cousin and heir of the said John Hardman, the nephew of the said John Hardman, who was seized of the said premises as aforesaid, the right to the said undivided moiety of the said tenements, with the appurtenances, descended and came to one other James Hardman as son and heir of the said James Hardman, the cousin and heir of the said John Hardman, the nephew of the said John Hardman, who was seized of the said premises as aforesaid; and from the said James Hardman, the son and heir of the said James Hardman, the right to the said undivided moiety of the said tenements, with the appurtenances, descended and came to James Hardman, the now demandant, as son and heir of the said James Hardman, the son of the said James Hardman, the cousin of the said John Hardman, the nephew of the said John Hardman, who was seized of the premises aforesaid. And that this is his right he the said James Hardman, the now demandant, offers suit and good proof. SAMUEL JOSEPH Clegg บ. JAMES HARDMAN. comes and defends the And the said Samuel Joseph Clegg, by John Whittle, his attorney, right of the said James Hardman, and the seizin of the said John Hardman, whom, &c. and the whole, &c. and whatsoever, &c. and mostly of tenement aforesaid as of fee and right, &c. And he puts himself upon the grand assize of our Lord the King; and prays a recognition to be made whether he, the said Samuel Joseph Clegg, has a greater title to hold the tenements with the appurtenances as tenant thereof as he now holds the same, or whether the said James Hardman has title to hold the same tenements as he has demanded the same, &c. And, for a further plea in this behalf, the said Samuel Joseph Clegg, by leave of this Court here for this purpose first had and obtained, according to the form of the statute, in such case made and provided, says, that the said James Hardman ought not to have or maintain his aforesaid action thereof against him the said Samuel Joseph Clegg, because he says, that one Richard Pilkington was seized in his demesne as of freehold of the said tenements, with the appurtenances, amongst other things in the time of peace, in the time of the said Lord George the Second, late King of Great Britain; and the said Richard Pilkington being so seized, a certain fine was levied on Saturday, the 25th day of August, in the 33d year of the reign of the said Lord George, in his said Majesty's Court here at Lancaster, at a certain session thereof then and there holden before his then justices at Lancaster, and others then and there present, between Robert Taylor and William Longworth, Gentlemen, plaintiffs, and the said Richard Pilkington, defendant, of the tenements aforesaid, with the appurtenances, with other things, by the names of the manor of Allerton, with the appurtenances, and of 22 messuages, four cottages, one windmill, one dove-house, 22 barns, 10 stables, 20 gardens, 20 orchards, 220 acres of land, 60 acres of meadow, 220 acres of pasture, and SO 1817. HARDMAN v. CLEGG acres of heath and ling, and common of pasture for all cattle, with the appurtenances, in Allerton, Great Woolton, Garston, Aighburgh, otherwise Aighbirth, Gressendale, Childwall, and Liverpool; and also of the moiety of five messuages, five barns, five gardens, five orchards, one dove-house, 36 acres of land, 24 acres of meadow, 55 acres of pasture, and 30 acres of heath and ling, with appurtenances, in Aighburgh, otherwise Aighbirth, and Garston, and likewise of one-third part of one messuage with the appurtenances in Liverpool. Whereupon a plea of covenant was summoned between them in the same court (that is to say) that the said Richard Pilkington had acknowledged the manor, tenements, common of pasture, moiety, and third part, with the appurtenances, to be the right of the said Robert, as those which they the said Robert and William had of the said Richard; and those he had remised and quit claimed from himself, the said Richard Pilkington, and his heirs to the said Robert and William, and the heirs of the said Robert, for ever; and moreover the said Richard Pilkington had granted for himself and his heirs that they would warrant to the said Robert and William, and the heirs of the said Robert, the said manor, tenements, common of pasture, moiety and third part, with the appurtenances, against him the said Richard, and his heirs, for ever; and for that acknowledgment, quit-claim, warranty, fine, and agreement, the said Robert Taylor and William Longworth had given to the said Richard Pilkington 3,300l. sterling, which fine, levied in manner aforesaid, was engrossed, and was afterwards publicly and solemnly |