Formedon

An ancient writ provided by St. Westminster IL (13 Edw. I.) c. 1, for him who hath right to lands or tenements by virtue of a gift in tail. Stearns, Real Actions, 322. It is a writ in the nature of a writ of right, and is the highest remedy which a tenant in tail can have. Co. Litt. 316. This writ lay for those interested in an estate tail who were liable to be defeated of their right by a discontinuance of the estate tail, who were not entitled to a writ of right absolute, since none but those wlio claimed in fee simple were entitled to this. Fitzh. Nat. Brev. 255. It is called "formedon" because the plaintiff in it claimed per. foTTnan doni. The writ was abolished in England by St. 3 & 4 Wm. IV. c. 27. Formedon in the Descender. A writ of formedon which lies where a gift is made in tail, and the tenant in tail aliens the lands, or is disseised of them and dies, for the heir in tail to recover them, against the actual tenant of the freehold. Fitzh. Nat. Brev. 211; Litt. § 595. If the demandant claims the inheritance as an estate tail which ought to come to him by descent from some ancestor to whom it vras first given, his remedy is by a writ of formedon in the descender. Stearns, Real Actions, 322, was disseised. 21 Jac. I. c. 16; 8 Brod. & B. 217; 6 East, 83; 4 Term R. 800; 2 Sharswood, Bl. Comm. 193, note.

— Formedon In the Remainder. A writ of formedon which lies where lands are given to one for life or in tail, with remainder to another in fee or in tall, and he who hath the particular estate dies without issue, and a stranger intrudes upon him in remainder, and keeps him out of possession. Fitzh. Nat. Brev. 211; Steams, Real Actions, 323; Litt. § 597; 3 Bl. Comm. 293. Formedon in the Reverter. A writ of formedon which lies where there is a gift in tail, and afterwards, by death of the donee or his heirs without issue of his body, the reversion falls in upon the donor, his heirs or assigns. In this case, the demandant must suggest the g^ft, his own right as derived from the donor, and the failure of heirs of the donee. 3 Sharswood, Bl. Comm. 293; Stearns, Real Actions, 323; Fitzh. Nat. Brev. 212; Litt, § 597.