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.


1. An ancient species of court, consisting of a certain number of men, usually twelve, who were summoned together to try a disputed cause, performing the functions of a jury, except that they gave a verdict from their own investigation and knowledge and not upon evidence adduced. From the fact that they sat together, (assidco,) they were called the "assise." See Bract. 4, 1, 6; Co. Litt 1536, 1596. A court composed of an assembly of knights and other substantial men, with the baron or justice, in a certain place, at an appointed time. Grand Cou. cc. 24, 25.

2. The verdict or judgment of the jurors or recognitors of assise.


A real action to recover the possession of land where the tenant(or owner) has been disseised or otherwise wrongfully dispossessed. If the disseisor hasaliened the land, or if it has descended to his heir, the writ of entry is said to be in theper, because it alleges that the defendant (the alienee or heir) obtained possessionthrough the original disseisor. If two alienations (or descents) have taken place, thewrit is in the per and cut, because it alleges that the defendant (the second alienee) obtainedpossession through the first alienee. to whom the original disseisor had aliened ItIf more than two alienations (or descents} have taken place, the writ is in the post, becauseit simply alleges that the defendant ac quired possession after the originaldisseisin.NCo. Litt 2386 ; 3 Bl. Comm. 180. The writ of entry was iibolished, with other real actions,in England, by St. 3 & 4 Wm. IV. c. 27,

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Municipal Jurisdictions

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