Formedon

Formdon, L. Fr. [contracted from form£ de don; L. Lat. forma donationis; the form of the gift.] In old English practice. An action, in the nature of a writ of right, given by the statute Westm. 2, (13 Edw. I.) c. 1, as the peculiar remedy of a tenant in tail, in case of a discontinuance of the estate tail; and therefore called bis writ of right.

3 Bl, Com. 191.

Called formedon because the writ comprehended the form of the gift.

Co. l Att, 326 b.

It was of three kinds, in the descender, in the remainder, and in the reverter. See infra. Writs of formedon were specific remedies to carry into effect the statute de donis, which provided quod voluntas donatoris, secundum formam in charta doni sui manifests expressam, de c€stero observetur; that the will of the donor, according to the form clearly expressed in the charter of his gift, shall in future be observed; f their object, in other words, being to enbrce the gift in tail according to its /orm.] 9 Reeves' Hist. Eng, Law, 320.

3 Id, 41.

They were recently abolished in England, with other real actions, by statute Z h ^ Will. IV. c.

27, § 36. 3 Steph. Com, 489. note.

Formedon in thb descender. [L. Fr. formedon en le discender; L. Lat. formja donationis in le descenders.] A writ of formedon which lay where a gift in tail was made, and the tenant in tail aliened the lands entailed, or was disseised of them, and died; in this case the heir in tall was entitled to this writ, to recover these lands so given in tail, against him who was the actual tenant of the freehold.

3 BL Com. 192. F. N. B. 211 L. 212. Roscos's Real Act, 43, 64. l Ait. sect. 596. Reg, Orig. 238 b.

The form in the Register recites that the premises claimed ought to descend to the demandant per formam donationis, (by the form of the gift.) Reg. Orig, ub. sup. Formedon in the remainder. [L. Fr. formdon en le remainder; L. Lat. forma donationis in le remanere,"] A writ of formedon which lay where a man gave lands to another for life or in tail, with remainder to a third person in tail or in fee, and he who had the particular estate died without issue inheritable, and a stranger intruded upon him in remainder, and kept him out of possession. In this case he in remainder, or his heir, was entitled to this writ.

8 Bl. Com. 192. F, N. B, 217. Roscoe's Real Act, 67. Reg, Orig. 243.

Litt. sect.

697.

Formedon in the reverter. [L. Fr. formedon en le reverter; L. Lat. formal donationis en le reverti.] A writ of formedon which lay where there was a gift in tail, and afterwards, by the death of the donee, or his heirs without issue of his body, the reversion fell in upon the donor, his heirs, or assigns; in such case the reversioner had this writ to recover the lands.

3 BL Com. 192. F, If. B, 219 E. Roscoe's Real Actions, 69. Reg, Orig. 242.

Litt. sect.

696.