Recto, Breve De - Definition - Law Dictionary Home Dictionary Definition recto-breve-de

Definition :

Recto, Breve de, a writ of right, which was of so high a nature that, as other writs in real actions were only to recover the possession of the land etc., in question, this aimed to recover the seisin and the property, and thereby both the rights of possession and property were tried together.

There were two species: (1) writ of right patent, so called because it was sent open, and was the highest writ lying for him who had a fee-simple in the lands or tenements sued for, against the tenant of the freehold atleast, and in no other case; this writ was likewise called breve magnum de recto; (2) writ of right close, which was brought where one held lands and tenements by charter in ancient demesne in fee-simple, fee-tail, or for term of life, or in dower, and was disseised, Co. Litt. 158 b; Jac. Law Dict. abolished by 3 & 4 Wm. 4, c. 27. See ACTION (POSSESSORY).