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SUR

Fr. On; upon; over. In the titles of real actions “sur” was used to point out what the writ was founded upon. Thna, a real action brought by the owner of a reversion or seigniory, in certain cases where his tenant repudiated his tenure, was called “a writ of right sur disclaimer.” So, a writ of entry sur disseisin was a real action to recover the possession of land from a disseisor. Sweet Sur oui ante divortium. See CUI ANTE DIVORTIUM. Sur oui in vita. A writ that lay for the heir of a woman whose husband had aliened her land in fee, and she had omitted to bring the writ of cut in vita for the recovery thereof; in which case her heir might have thin writ against the tenant after her decease. Cowell See CUI IN VITA. Sur disclaimer. A writ in the nature of a writ of right brought by the lord against a tenant who had disclaimed his tenure, to recover the land. Sur mortgage. Upon a mortgage. In some states the method of enforcing the security of a mortgage, upon default, is by a writ of “scire facias sur mortgage” which requires the defendant (mortgagor) to show cause why it should not he foreclosed.

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