1779-01-13 (static/transcriptions/1779/01/018.jpg)

1779. 1 Term. Wednesday Jan: 13.

Wednesday January 13th 1779.
Present
Sir E. Impey
and
Mr. Justice Hyde.
[Triple Line]

In Ejectment, Mr. Newman moved to admit Mobarick ul Dowlah to defend instead of Henry Robinson the Casual Ejector. It was granted of Course. Mobarick ul Dowlah is Nabob of Bengal, properly call’d Soubahdar. The Land is scituated in Calcutta.
Mr. Sealey moved in some Cause, to plead Double Not Guilty, and that the Locus in quo, is the Property of the Defendant.
Impey said, you can only Plead Liberum Tenementum, otherwise the possession must be in you, and you defend the trespass under Not Guilty.
Sealey said, the like Rule had been granted many time. Impey said, if so, it had passed unnoticed by the Court, for there is no such Plea as Property, It must be Liberum Tenementum. Mr. Sealey changed his Motion to a Motion for Leave to plead Not Guilty and Liberum Tenementum.