Archive | D RSS feed for this section

DE RECTO PATENS

Writ of right patent. Reg. Orig. 1.

Comments { 0 }

DE REDISSEISINA

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.

Comments { 0 }

DE REPARATIONE FACIENDA

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.

Comments { 0 }

DE RESCUSSU

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.

Comments { 0 }

DE RETORNO HABENDO

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.

Comments { 0 }

DE RIEN CULPABLE

L. Fr. Guilty af nothing; not guilty.

Comments { 0 }

DE SA VIE

L. Fr. Of his or her life; of ills own life; as distinguished from pur autre vie, for another's life. Litt.

Comments { 0 }

DE SALVA GARDIA

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.

Comments { 0 }

DE SALVO CONDUCTU

A writ of safe conduct. Reg. Orig. 256, 26.

Comments { 0 }

DE SCACCARIO

Of or concerning the exchequer. The title of a statute passed in the fifty-first year of Henry III. 2 Reeve. Eng. Law, 61.

Comments { 0 }

DE SCUTAGIO HABENDO

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

Comments { 0 }

DE SE BENE GERENDO

For behaving himself well; for his good behavior Yelv. 90, 154.

Comments { 0 }

DE SECTA AD MOLENDINUM

Of suit to a mill. A writ which lay to compel one to continue his custom (of grinding) at a
mill. 3 Bl. Comm. 235; Fitzh. Nat. Brev. 122, M.

Comments { 0 }

DE SIMILIBUA AD SIMILIA EADEM RATIONE PROCEDENDUM EST

From like things to like things we are to proceed by the same rule or
reason, [i. e., we are allowed to argue from the analogy of cases.] Branch, Princ.

Comments { 0 }

DE SIMILIBUS IDEM EST JTULICANDUM

Of [respecting] like tilings, [In like cases,] the judgment is to be the same. 7 Coke, 18.

Comments { 0 }

DE SON TORT

TORT. L. Fr. Of his own wrong. A stranger who takes upon him to act as an executor without any just authority
is called an "executor of his own wrong," (de son tort.) 2 Bl. Comm. 507; 2 Steph. Comm. 244.

Comments { 0 }

DE SON TORT DEMESNE

Of his own wrong. The law French equivalent of the Latin phrase de injuria, (g. v.)

Comments { 0 }

DE SON TORT TRUSTEE

A party not involved in a trust but takes on the acts of the acts of the trustee. They are a constructive trusee and are responsible for what they do. It is latin for his/her own wrongdoing.

Comments are closed

DE STATE PROBANDA

For proving age. A writ which formerly lay to summon a jury in order to determine the age of the heir of a tenant in capite who claimed his estate as being of full age. Fitzh. Nat Brev. 257; Reg. Orig. 294.

Comments { 0 }

DE STATUTO MERCATORIO

The writ of statute merchant. Reg. Orig. 1466.

Comments { 0 }