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Free Books / Society / Law / Law Pleading, Code Pleading, Federal Procedure, Evidence / | ![]() |
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Section 13. The Writ Of Entry |
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This section is from the book "Popular Law Library Vol11 Common Law Pleading, Code Pleading, Federal Procedure, Evidence", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
The lesser assizes were very limited in their scope, only furnishing a remedy against the disseisor and his tenant or alienee during the disseisor's lifetime, and to supplement these assizes the writ of entry, in its various forms, became necessary.
"Generally speaking, it lay in favor of a person who, having possession of lands as tenant in fee, fee tail, or for life, is ousted therefrom; or having the right of possession is deforced therefrom, to restore him to the possession. As a remedy distinct and different from the writ of assize, it first appears as a writ of course in 1205 and 1224. Although anciently denied, it came to be a concurrent remedy with the writ of assize of novel disseisin, when it was brought against the original disseisor by the disseisee himself, in which case it was called a writ in the nature of an assize or writ of entry in de quibus. Its original use and distinctive features made it a remedy against one coming into possession without fraud or tort, as by the deed of a disseisor or of one who had but a particular or defeasible estate. But it came to be used when a disseisin was suffered by a demandant or his ancestor." 2
There were a large number of various forms of this writ, the most important being the following:
"Writ of entry sur disseisin; where a disseisin had been suffered by the demandant or his ancestor.
"Writ of entry sur alienation; as where the tenant of a particular estate wrongfully aliens it, which operates as a deforcement of the reversioner.
2 Martin on Civil Procedure, Sec. 144.
"Writ of entry sur intrusion. Where on the expiration of a preceding estate of freehold, a stranger wrongfully intrudes, by which he affects a deforcement of the reversioner.
"Writ of entry sur abatement where on the death of the ancestor a stranger abates and deforces the heir. It seems to have been in this case a concurrent remedy with the writ or mort d'ancestor or writ of ayel.
"Writ of entry ad terminum qui praeteriit. Where the owner of a freehold leases lands or tenements for life or years, and after the expiration of the term by efflux of time or surrender, the lessee or a stranger, either entering upon or continuing in, detains the possession from the lessor or his heirs, thereby effecting a disseisin by deforcement."
 
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