A writ which lay for a widow, against the executor of her deceased husband, to compel the executor to set off to her a third part of the decedent's personalty, after payment of his debts. Fitzh. Nat Brev. 122, L. … [Read more...]
WRIT DE PLEGIIS ACQUIETANDIS
The name of an ancient writ in the English law, which lies where a man becomes pledge or surety for another to pay a certain sum of money at a certain day; after the day, if the debtor does not pay the debt, and the. surety be compelled to pay, he shall have this writ to compel the debtor to pay the same. F. N. B. 321. … [Read more...]
WRIT DE PERAMBULATIONE FACIENDA
Eng. law. The name of a writ which is sued by consent of both parties, when they are in doubt as to the bounds of their respective estates; it is directed to the sheriff to make perambulation, and to set the bounds and limits between them in certainty. F. N. B. 309. 2. The writ de perambulatione facienda is not known to have been adopted in practice in the United States, says … [Read more...]
WRIT DE ODIO ET ATIA
Engl. law. This writ is probably obsolete, and superseded by the writ of habeas corpus. It was anciently directed to the sheriff, commanding him to inquire whether a prisoner charged with murder was committed upon just cause or suspicion, or merely propter odium et atiam, for hatred and ill-will; and, if upon the inquisition due cause of suspicion did not appear, then there … [Read more...]
WRIT DE IDIOTA INQUIRENDO
This is the name of an old writ which directs the sheriff to inquire whether a man be an idiot or not. The inquisition is to be made by a jury of twelve men. Fitz. N. B. 232. … [Read more...]