Casu Consimili

See "Consimili Casu. CASU PROVISO (Lat. in the case provided for).

In practice. A writ of entry framed under the provisions of the statute of Gloucester (6 Edw. I.) c. 7, which lay for the benefit of the reversioner when a tenant in dower aliened in fee or for life. under the provisions of St. Westminster II. (13 Edw. I.) c. 24, where a tenant by curtesy had alienated as above, and which was known emphatically as the writ in consimili casu. The writ is now practically obsolete. Fitzh. Nat. Brev. 205; Dane, Abr. Index.

See Consimili Casu. CASU PROVISO (Dat in the case provided for). A writ of entry framed under the provisions of the statute of Gloucester (6 Edw. I.) c. 7, which lay for the benefit of the reversioner when a tenant in dower aliened in fee or for life. It seems to have received this name to distinquish it from a similar writ framed under the provisions of the statute Westm. 2d (13 Edw. I.) c. 24, where a tenant by curtesy had alienated as above, and which was known emphatically as the writ in consimili casu. The writ is now practically obsolete. Fitzh. Nat. Brev. 205; Dane, Abr. Index.

I.

In old English law. In a simili casu; Trespass on the ease. Casu proviso: in a writ of entry which, by the statute of Gloucester, lay for a reversioner against one to whom a tenant for life or in fee.

In old English law. A writ of entry, granted where tenant by the curtesy, or tenant for life, alienated in fea, or in tail, or for another's life, which was brought by him in reversion against the party to whom such tenant so alienated to his prejudice, and in the tenant’s life-time. Terines de la Ley.

I. 1. In a similar case; t. Action on the case. 2. An old writ of entry which lay for a reversioner to recover land alienated by a tenant for life or by the courtesy, for a greater estate than he held; so called because like the writ of Casu proviso, which was a similar writ brought against a tenant in dower. Both could be brought during the life of the tenant, thus differing from Ad communem legem.

See Contimili casu,

practice, isa writ of entry, granted when the tenant by the curtesy, or tenant for life, aliens in fee, or in tail or tor another’s life. It may be brought by the reversioner, against the alienee, in the tenant’s lifetime. The clerks in chancery framed this writ in dikeness to the writ called in casu proviso, by authority of the statute Westm. 2, c. 24, hence its name, casu consimili,in alike case. Vide 3 Bl. Com. 51; 7 Co. 4; F. N. B. 206. -CASU PROVISO, practice, is a writ of entry given by the statute of Gloucester c. 7, when a tenant in dower aliens in fee or for life. git might have been brought by the reversioner against the alienee. This is perhaps an obsolete remedy, having yielded to the writ of ejectment.