Possession Writ Of - Law Dictionary Search Results
Home Dictionary Name: possession writ of Page: 3Inquest of Office
Inquest of Office, an inquiry made by the king's officer, his sheriff, coroner, or escheat or, virtute officii, or by writ sent to them for that purpose, or by commissioners specially appointed, concerning any matter that entitles the king to the possession of lands or tenements, goods or chattels. See Hubback on Succession, p. 80; and ESCHEATS....
Insimul tenuit
Insimul tenuit, a species of the abolished writ of formed on, brought against a stranger by a co-parcener on the ancestor's possession....
Intrusion
Intrusion, the entry of a stranger after a particular estate of freehold is determined before him in reversion or remainder. Where a tenant for life dies seized of certain lands or tenements, and a stranger enter thereon after such death of the tenant, and before any entry of him in remainder or reversion, such stranger is called an intruder. Intrusion was one of the five modes, the others being disseisin, abatement discontinuance and deforcement, which constituted adverse possession, from which time was computed under the old Limitation Acts.The writ of entry on intrusion is abolished by the (English) Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27)....
Quod persona nec prebendarii, etc.,
Quod persona nec prebendarii, etc., a writ which lay for spiritual persons distrained in their spiritual possessions for payment of a fifteenth with the rest of the parish, Fitz. N.B. 175. Obsolete....
Women's modesty
Women's modesty, the essence of a woman's modesty is her sex. The modesty of an adult female is writ large on her body. Young or old, intelligent or imbecile, awake or sleeping, the woman possesses a modesty capable of being outraged. Whoever uses criminal force to her with intent to outrage her modesty commits an offence punishable under s. 354. The culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive, as for example, when the accused with a corrupt mind stealthily touches the flesh of a sleeping woman. She may be an idiot, she may be under the spell of anaesthesia, she may be sleeping, she may be unable to appreciate the significance of the act: nevertheless, the offender is punishable under the section, State of Punjab v. Major Singh, AIR 1967 SC 63 (68): 1966 Supp SCR 286....
Breve de recto
Breve de recto, a writ of right or license for a person ejected out of an estate, to sue for the possession of it....
Writ
Writ [breve, Lat.], a judicial process, by which any one is summoned as an offender; a legal instrument to enforce obedience to the orders and sentences of the courts. For the particular writs, see their distinctive names, as assistance, capias, etc.The (English) Real Property Limitation Act, 1833, abolished all writs in real and mixed actions (except in dower unde nihil habet, quare impedit or ejectment), expressly naming sixty abolished writs (e.g., the writ of right de rationabili parte, of quo jure, of assize of novel disseisin, of entry sur disseisin in the quibus, of waste, of partition, and of per qu' servitia. See also Co. Litt.; Hargr. And Butler's Notes to s. 101, and Index to Notes, ibid. 18th Edn.The most used modern writ is the Writ of Summons, by which (corresponding to the 'Plaint' in a County Court) an action in the High Court of Justice is commenced. See SUMMONS, and for other writs in actions see EXECUTION, ELEGIT, FIERI FACIAS, POSSESSION, and VENDITIONI EXPONAS. For...
Deliverance, second, writ of
Deliverance, second, writ of. The judgment of non pros. In replevin at Common Law is, that the defendant shall have a return of the goods replevied, and his costs. The plaintiff, however, is not prevented by this judgment from proceeding, for he may sue out the judicial writ of second deliverance, in execution of which the sheriff must again take the goods from the defendant and deliver them to the plaintiff, or the writ will operate in the sheriff's hand as a supersedeas of the writ de retorno habendo, if the latter writ has not as yet been executed. The proceedings upon this writ are the same as in ordinary cases of replevin, and if the defendant have judgment either upon verdict, demurrer, or of non pros., it is for a return irreplevisable, and he shall have a writ de retorno habendo, which being executed, the plaintiff cannot have any further writ of deliverance, 2 Chit. Arch. Prac. See REPLEVIN....
Restitution, Writ of
Restitution, Writ of. If the judgment below was reserved in a court of error, the plaintiff in error might have had a writ of restitution in order that he might be restored to all he had lost by the judgment. If execution on the former judgment had been actually executed, and the money paid over, the writ of restitution issued without any previous scire facias quare restitutionem non, suggesting the matter of fact, viz., the sum levied, etc., must have previously issued. Error is now abolished (Jud. Act, 1875, Ord. LVIII., r. 1). And, generally, if money, etc., be levied under a writ of execution, and the judgment be afterwards reversed or set aside, the party against whom the execution was sued out may have his writ of restitution; but where the judgment is set aside for irregularity, etc., restitution (when necessary) forms part of the rule; and if the goods or money be not restored, the Court will grant an attachment. A writ of restitution may also be awarded when a judgment in ejec...
Ground-writ
Ground-writ. Before the C.L.P. Act, 1852, a ca. Sa. (capias ad satisfaciendum, (q.v.) or fi. fa. (fieri facias, q.v.) could not be issued into a county different from that in which the venue in the action was laid, without first issuing a writ called a ground-writ into the latter county, and then another writ, which was called a testatum writ, into the former. The 121st s. of that Act abolished this useless process. See EXECUTION....
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