If a woman has a widow’s estate by custom after her husband’s death. She is within the statute, for her estate is immediately by copy. A copyholder has an interest in the rolls of the court, as well as the lord; because there is the evidence of his title: and the lord cannot deny him assess to the rolls. Bendl. 208, 197. Poph. 205.
Widow Stacy's case, 1 N.C. 182, 1 Mart. 182 (1793)
1793
·
United States Circuit Court for the District of North Carolina
1 N.C. 182, 1 Mart. 182
Widow Stacy’s case.
Mich. 2 Car.
ONE was indicted on the statute 21 Jac. 1, 25, p. 373. for entering into a house, at Cobham, in the county of Oxon, ad tunc existens liberum tenenementum of such a woman, ad voluntatem domini, secundum consuetudinem manerii, &c. The party came into court, and being put out of possession on this indictment by a Justice of the Peace, prayed that the court would grant, him restitution, and it was granted, by Whitlock, J. and Doderidge, J. (absente Jones, J.) The reason was because the words of the statute give power to a Justice of the Peace, or a Judge to make restitution, to a lessor for years, guardian in chivalry, or tenant by copy of court roll, at will, &c. But for any thing alledged here, the wife may be tenant at will by the verge and not by copy. But the statute shall be construed strictly: and he who applies for restitution under that statute, must be within the words of it.
On another day, Doderidge, J. and Whitlock, J. persisted in their opinion.