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Monstrans De Droit - Definition - Law Dictionary Home Dictionary Definition monstrans-de-droit

Definition :

Monstrans de droit (manifestation or plea of right), one of the two Common Law methods of obtaining possession or restitution from the Crown of either real or personal property, Bl. Com. 256. It was preferred either on the Common Law side of the Court of Chancery, or in the Exchequer, and will now come before any division of the High Court.

Where the Crown is in possession under a title, the facts of which are already set forth upon record, a party aggrieved may proceed in monstrans de droit, i.e., may make, in opposition to such recorded title, a claim of right, grounded upon certain facts relied upon by him, without denying those relied upon by the Crown, and the praying judgment of the Crown whether, upon those facts, the Crown or the subject has the right. If the right be determined against the Crown, the judgment is that of ouster le main or amoveasmanus, by which judgment the Crown is instantly out of possession, and it therefore needs no actual execution. Chit. Prerog. Of the Crown, 345.

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