A writ which lay for the wife and children of a deceased person against his executors, to recover their reasonable part or share of his goods. 2 Bl. Comm. 402; Fitzh. Nat Brev. 122, L; Hopkins v. Wright, 17 Tex. 30.
Archive | D RSS feed for this section
Writ for fixing reasonable boundaries. A writ which lay to settle the boundaries between
the lands of persons in different towns, where one complained of encroachment. Reg.
Orig. 1576; Fitzh. Nat. Brev 128, M; Rose. Real Act 31; 3 Reeve, ENG Law, 48.
Of things. The title of the third part of the Digests or Tandects, comprising books 12-19, inclusive.
Writ to send the record and process of a cause to a superior court; a species of writ of error. Reg. Orig. 209.
Writ of right of advowson. Reg. Orig. 296. A writ which lay for one who had an estate in an
advowson to him and his heirs in fee- simple, if he were disturbed to present. Fitzh.
Nat. Brev. 30, B. Abolished by St. 3 & 4 Wm. IV. c. 27.
Writ of right, of reasonable part. A writ which lay between privies in blood, as between brothers in gavelkind, or between sisters or other coparceners for lands in fee- simple, where one was deprived of his or her share
by another. Reg. Orig. 36; Fitzh. Nat. Brev. 9, B. Abolished by St. 3 & 4 Wm. IV. c. 27.
Writ of redisseisin. A writ which lay where a man recovered by
assise of novel disseisin land, rent, or common, and the like, and was put in possession
thereof by verdict, and afterwards was disseised of the same land, rent, or common, by
him by whom he was disseised before. Reg. Orig. 20G6; Fitzh. Nat. Brev. 188, B.
A writ by which one tenant in common seeks to compel another to aid in repairing the property held in common. 8 Barn. & C. 209.
Writ of rescue or res- cous. A writ which lay where cattle distrained,
or persons arrested, were rescued from those taking them. Reg. Orig. 117, 118; Fitzh.
Nat. Brev. 101, C, G.
For having a return; to have a return. A term applied to the judgment for the defendant in an action of replevin, awarding him a return of the goods replevied; and to the writ or execution issued thereon. 2 Tidd, Pr. 993, 1038 ; 3 Bl. Comm. 149. Applied also to the sureties given by the plaintiff on commencing the action. Id. 147.
L. Fr. Of his or her life; of ills own life; as distinguished from pur autre vie, for another’s life. Litt.
A writ of safeguard allowed to strangers seeking their rights in English courts, and apprehending violence or Injury to their persons or property. Reg. Orig. 26.
Of or concerning the exchequer. The title of a statute passed in the fifty-first year of Henry III. 2 Reeve. Eng. Law, 61.
Writ for having (or to have) escuage or scutage. A writ which anciently lay against tenants by
knight-service, to compel them to serve in the king’s wars or send substitutes or to pay
escuage ; that is a sum of money. Fitzh. Nat. Brev. 83, C. The same writ lay for one
who had already served in the king’s army, or paid a fine instead, against those who
held of him by knight-service, to recover his escuage or scutage. Reg. Orig. 88; Fitzh.
Nat. Brev. 83, D, F