Definition and Citations:
This was a writ which lay for one who had the right of property,against another who had the right of possession and the actual occupation. The writproperly lay only to recover corporeal hereditaments for an estate in fee-simple; butthere were other writs, said to be “in the nature of a writ of right,” available for therecovery of incorporeal hereditaments or of lands for a less estate than a fee-simple.Brown.In another sense of the term, a “writ of right” is one which is grantable as a matterof right, as opposed to a “prerogative writ,” which is issued only as a matter of grace ordiscretion.
