Lloyd, and that Erasmus Lloyd was the son of George Lloyd, who was the son of the said James Lloyd; and that the said Erasmus Lloyd was the cousin and heir of the said William Lloyd; and that upon and at the time of the death of the said Thomas James Selby, who died so seised without issue as aforesaid, the right of the tenements aforesaid, with the appurtenances, descended from the said Thomas James Selby to the said Erasmus Lloyd, as the cousin and heir as aforesaid of the said Thomas James Selby, who died so seised as aforesaid. And the said Thomas Davies and Elizabeth his wife further say, that from the said Erasmus Lloyd the right of the tenements aforesaid, with the appurtenances upon his death, descended to and upon John Lloyd as the son and heir of the said Erasmus Lloyd, and from the said John Lloyd the right of the said tenements, with the appurtenances upon his death descended to Catherine Frances and one other, Mary, as the daughters and co-heirs of the said John Lloyd, and from the said Catherine Lloyd, who married Thomas Julian, upon her death all her part of and in the said right which came to her as co-heir as aforesaid, descended to and upon the said Elizabeth, who is wife as aforesaid of the said Thomas Davies, as the daughter and heir of the said Catherine, and afterwards, upon the death of the said Frances, all her part of and in the said right which came to her as aforesaid, descended to and upon the last-mentioned Mary and Elizabeth, as the sister and niece respectively, and co-heirs of the said Frances; and afterwards, upon the death of the said lastmentioned Mary, all her part of and in the said right which came to her as aforesaid, descended to and upon the said Elizabeth, as the niece and heir of the last-mentioned Mary, which Elizabeth thereupon, and before the commencement of this suit, became and was entitled to the whole of the said tenements, with the appurtenances, as such heir and cousin of the said Thomas Selby as aforesaid, and which Thomas Davies and Elizabeth his wife now demand the same; and that such is their right (1) they offer &c. Plea. And the said William Selby Lowndes, by Thomas White, his attorney, comes and defends the right of the said Thomas Davies and Elizabeth his wife (2), and the seisin of the said Thomas James Selby, when &c., and the whole &c., or whatsoever &c., and chiefly of the tenements aforesaid, with the appurtenances as of (1) Rather, "that such is the right right follows the count. See preceding of the said Elizabeth." (2) The defence (or denial) of the R.R.-VOL. LXIV. note. 50 DAVIES ቲ. LOWNDES. [ *474 ] [ 475 ] free and right &c. And he puts himself upon the Grand Assize of our said lord the King, and prays a recognition to be made whether he the said William Selby Lowndes hath a greater title to hold the tenements aforesaid with the appurtenances to him and his heirs, as he now holds the same, or whether the said Thomas Davies and Elizabeth his wife, the now demandants, as they have above demanded the same &c. And the said Thomas Davies and Elizabeth his wife do the like. The cause was tried at the Bar of the Court of Common Pleas, in Trinity Term, 1835, when a verdict was found for the tenant (1). A bill of exceptions being tendered on the part of the demandant to the ruling of the Court, a transcript of the record was carried by writ of error to the Exchequer Chamber; which Court, in Easter vacation, 1838, awarded a venire de novo (2). Thomas Davies having died on the 9th of May, 1835, a suggestion of that fact was entered on the record. The cause was again tried at the Bar of the Court of Common Pleas in Michaelmas vacation, 1838, when a verdict was found for the tenant. On this occasion also (3) a bill of exceptions was tendered on behalf of the demandant to the ruling of the Court [in which it was shown that at the trial the counsel for William Selby Lowndes relied upon several grounds of defence, one of which was that Elizabeth Davies was not the heir of Thomas James Selby, the testator, and that in support thereof he called certain witnesses and proved certain documents, amongst others, a certain pedigree hereinafter set out (4), with a view to prove that Elizabeth Davies was the heir of Thomas James Selby, and descended from the brother of the mother of the paternal grandfather of Thomas James Selby. He also produced and proved the will of one William Lloyd, who was proved to be the son and heir of Evan Lloyd, who was proved to be the son and heir of James Lloyd, who was proved to be the son and heir of Alban Lloyd. He also produced and gave in evidence the wills of Judith Odell and Henry Lloyd. And further to show that Elizabeth Davies was heir of Thomas James Selby a witness named Morrice Williams was called, who produced a document as follows:] (1) 53 R. R. 266 (1 Bing. N. C. 597 ; 2 Scott, 71). (2) 4 Bing. N. C. 478; 5 Scott, 835. (3) 5 Bing. N. C. 161; 7 Scott, 21. |