practice. This writ lies where a party claims damages for a trespass committed against his person, or tangible and corporeal property. See Trespass. … [Read more...]
WRIT OF PRAECIPE
This writ is also called a writ of covenant, and is sued out by the party to whom lands are to be conveyed by fine; the foundation of which is a supposed agreement or covenant that the one shall convey the land to the other. … [Read more...]
WRIT OF TRESPASS ON THE CASE
practice. A writ which lies where a party sues for damages for any wrong or cause of complaint to which covenant or trespass will not apply. 2. This action originates in the power given by the statute of Westm. 2, to the clerks of chancery to frame new writs in consimili casu with writs already known. Under this power they constructed many writs for different injuries, which … [Read more...]
WRIT OF ENTRY
A real action to recover the possession of land where the tenant (or owner) has been disseised or otherwise wrongfully dispossessed. If the disseisor has aliened the land, or if it has descended to his heir, the writ of entry is said to be in the per, because it alleges that the defendant (the alienee or heir) obtained possession through the original disseisor. If two … [Read more...]
WRIT OF PREVENTION
This name is given to certain writs which may be issued in anticipation of suits which may arise. … [Read more...]