In old English practice. This was a writ made use of in a form of real action brought to recover the possession of lands from one who wrongfully withheld the same from the demandant.
Its object was to regain the possession of lands of which the demandant, or his ancestors, had been unjustly deprived by the tenant of the freehold, or those under whom he claimed; and hence it belonged to the possessory division of real actions. It decided nothing with respect to the right of property, but only restored the demandant to that situation in which he was (or by law ought to have been) before the dispossession committed. 8 Bl. Comm. 180.
It was usual to specify in such writs the degree or degrees within which the writ was brought, and it was said to be “in the per” or “in the per and cui,” according as there had been one or two descents or alienations from the original wrongdoer. If more than two such transfers had intervened, the writ was said to be “in the post.” See 3 Bl. Comm. 181. Entry ad communem legem. Entry at common law. The name of a writ of entry which lay for a reversioner after, the alienation and death of the particular tenant for life, against him who was in possession of the land. Brown. Entry ad terminum qui praeteriit. The writ of entry ad terminum qui prateriit lies where a man leases land to another for a term of years, and the tenant holds over his term. And if lands be leased to a man for the term of another’s life, and he for whose life the lands are leased dies, and the lessee holds over, then the lessor shall have this writ Termes de la Ley. Entry for marriage in speech. A writ of entry causa matrimonii prwloquuti lies where lands or tenements are given to a man upon condition that he shall take the donor to be his wife within a certain time, and he does not espouse her within the said term, or espouses another woman, or makes himself priest. Termes de 1a Ley. Entry in casu consimili. A writ of entry in casu consimili lies where a tenant for life or by the curtesy aliens in fee. Termes de la Ley. Entry in the case provided. A writ of entry in casu proviso lies if a tenant in dower alien in fee, or for life, or for another’s life, living the tenant in dower. Termes de la Ley. Entry without assent of the chapter. A writ of entry sine assensu capituli Ties where an abbot, prior, or such as hath covent or common seal, aliens lands or tenements of the right of his church, without the assent of the covent or chapter, and dies. Termes de la Ley.