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Home » Law Dictionary » B » BREVIA

BREVIA

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

Latin: Writs. The plural of breve, which see. Brevia adversaria. Adversary writs; writs brought by an adversary to recover land. 6 Coke, 67. Brevia amicabilia. Amicable or friendly writs; writs brought by agreement or consent of the parties. Brevia anticipan tia. At common law. Anticipating or preventive writs. Six were included in this category, viz.: Writ of mesne; voarrantia ohartce; monstraveruntj audita querela; curia clauden da; and ne mjuste vexes. Peters v. Linen,-schmidt, 58 Mo. 466. Brevia de enrsn. Writs of course. Formal writs issuing as of course. Brevia formata. Certain writs of approved and established form which were granted of course in actions to which they were applicable, and which could not be changed but by consent of the great council of the realm. Bract, fol. 413$. Brevia jndicialia. Judicial writs. Auxiliary writs issued from the court during the progress of an action, or in aid of the judgment. Brevia magistralia. Writs occasionally issued by the masters or clerks of chancery, the form of which was varied to suit the circumstances of each case. Bract fol. 4136. Brevia selecta. Choice or selected writs or processes. Often abbreviated to Brev. Sel. Brevia testata. The name of the short memoranda early used to show grants of lands out of which the deeds now in use have grown. Jacob. Brevia, tain originalia qnam jndicialia, patiuntur Anglica nomina. 10 Coke, 132. Writs, as well original as judicial, bear English names.

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