WRIT OF RIGHT

This was a writ which lay for one who had the right of property, against another who had the right of possession and the actual occupation. The writ properly lay only to recover corporeal hereditaments for an estate in fee simple; but there were other writs, said to be “in the nature of a writ of right,” available for the recovery of Incorporeal hereditaments or of lands for a less estate than a fee simple. Brown. In another sense of the term, a “writ of right” is one which is grantable as a matter of right, as opposed to a “prerogative writ,” which is Issued only as a matter of grace or discretion.