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Cape

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

Lat. (Take.) In old English practice. A judicial writ concerning lands or tenements, formerly in use in Ens[land, and so termed from the emphatic word with which it began:

Cape in manum nostrum teriiam partem messuagii

&c.; (Take into our hand the third part of a messuage, kc.) It was divided into cape magnum, or grand (ape, which lay before appearance; and cape parvum, or petit cape, which lay after appearance. Termes de la ley. Cowell, Reg. Jud. 2, 2 b. See Orar^ cape.

Petit cape

Magnum cape, Parvum cape. Caps ad valentiam. L. Lat. (Take to the value.J A species of cape magnum, (supra), wnich issued in behalf of the tenant, wnere a vouchee made default, on the return of the summons against him, and the demandant recovered; the writ commanding the sheriff to take as much land of the vouchee as was equal to the value of the land in question, iract. fol. 258 b, 299 b. Old Nat. Brev. 161, 162. Cowell. Termes de la ley. 1 Reeves* Hist. Eng. Law, 440, 441. Reg. Jud. 2. See Vouchee,