Possession Writ Of - Law Dictionary Search Results
Home Dictionary Name: possession writ ofPossession, Writ of
Possession, Writ of, the process of execution in an action of ejectment. A judgment for the recovery,or for the delivery of the possession of land maybe enforced by writ of possession (R.S.C. 1883,...
Execution
Execution, the last state of a suit whereby possession is obtained of anything recovered by a judgment. It is styled final process, and is regulated by R.S.C. 1883, Ord. XLII., r. 17, of which allows immediate execution in ordinary cases. See PR'CIPE.The ordinary writs of execution are capia ad satisfaciendum; fieri facias; elegit; and habere facias possessionem. See these titles respectively, especially FIERI FACIAS.As to the protection of vendor or purchaser on a sale under an execution, see Bankruptcy and Deeds of Arrangement Act, 1913, s. 15.As to the writ of capias ad satisfaciendum, see Hulbert v. Cathcart, 1896 AC 470; and it is to be borne in mind that by the (English) Debtors Act, 1869 (32 & 33 Vict. c. 62), imprisonment for debt has been abolished, except as specified in s. 4. See IMPRISONMENT.By (English) R.S.C. 1883, Ord. XLII., r. 17(b), the Court or a judge may, at or after the time of giving judgment or making an order, stay execution until such time as they or he shall ...
Quare ejecit infa terminum
Quare ejecit infa terminum (wherefore he ejected within the term), a writ which lay by the ancient law where the wrongdoer or ejector was not himself in possession of the lands, but another who claimed under him.Quare ejecit infra terminum, and why he ejected within the term. A writ for a lessee who was prematurely ejected, when the ejector was not actually in possession but one claiming under the ejector was, Black's Law Dictionary, 7th Edn., p. 1256.Means for this injury the law has provided him with two remedies ...... .. the writ of quare ejecti infra terminum; which lies not against the wrongdoer or ejector himself, but his feoffee or other person claiming under him. These are mixed actions, somewhat between real and personal; for therein are two things recovered, as well restitution of the term of years, as damages for the ouster or wrong, Commentaries on the Laws of England, 3 William Blackstone 199 (1768)...
Stabilia
Stabilia, a writ called by that name, founded on a custom in Normandy that where a man in power claimed lands in the possession of an inferior, he petitioned the prince that it might be ut into his hands till the right was decided, whereupon he had this writ....
Delivery of possession
Delivery of possession. This is obtained in an action by writ of possession (see POSSESSION, WRIT OF), and in the case of small tenements by a justice's order (see DESERTED PREMISES)....
writ
writ [Old English, something written] 1 : a letter that was issued in the name of the English monarch from Anglo-Saxon times to declare his grants, wishes, and commands 2 : an order or mandatory process in writing issued in the name of the sovereign or of a court or judicial officer commanding the person to whom it is directed to perform or refrain from performing a specified act NOTE: The writ was a vital official instrument in the old common law of England. A plaintiff commenced a suit at law by choosing the proper form of action and obtaining a writ appropriate to the remedy sought; its issuance forced the defendant to comply or to appear in court and defend. Writs were also in constant use for financial and political purposes of government. While the writ no longer governs civil pleading and has lost many of its applications, the extraordinary writs esp. of habeas corpus, mandamus, prohibition, and certiorari indicate its historical importance as an instrument of judicial auth...
Habere facias possessionem
Habere facias possessionem (that you cause to have possession), a writ that issues for a successful plaintiff in ejectment, to put him in possession of the premises recovered. If the first writ be not executed, an alias, etc., may be sued out. The officer, if necessary, may break open outer doors, in order to give possession, or he may take the posse comitatus with him if he fear violence, 1 Chit. Arch. Prac. By R.S.C. 1883, Ord. XLVII., a judgment that a party recover possession of land may be enforced by writ of possession, and where by any judgment any person therein named is directed to deliver up possession of any lands to some other person, the person prosecuting such judgment shall be entitled to sue out the writ on filing an affidavit showing service of the judgment and disobedience thereto. An unsuccessful defendant can be ordered to pay to the plaintiff his costs of obtaining this writ, Dartford Brewery Co. v. Moseley, (1906) 1 KB 462...
Recto, Breve de
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)....
Right, Writ of
Right, Writ of [breve de recto, Lat.], a procedure for the recovery of real property after not more than sixty years' adverse possession; the highest writ in the law, sometimes called the writ of right proper. Abolished by 3 & 4 Wm. 4, c. 27; last used in 1835 in Davies v. Lowndes, (1835) 1 Bing NC 597....
levy
levy pl: lev·ies 1 : an act of levying: as a : the imposition or collection of a tax b : the seizure according to a writ of execution of real or personal property in a judgment debtor's possession to satisfy a judgment debt 2 : an amount levied : tax [providing for a of 3% on income up to $10,000 "D. Q. Posin"] vb lev·ied levy·ing vt 1 : to impose or collect (as a tax or fine) with authority [allow it to stiffer penalties for some safety violations "National Law Journal"] 2 : to enforce or carry into effect (a writ of execution) compare attach, garnish vi : to enforce a writ of execution or attachment ;specif : to make a seizure of real or personal property in a judgment debtor's possession [they might as a last resort on his merchandise "J. J. White and R. S. Summers"] ...
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