Real Action
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
In the Civil Law. One by which a person seeks to recover his property which is in the possession of another.
Dig. 50. 16. 16.
It is to be brought against the person who has possession. At Common Law. One brought for the specific recovery of lands, tenements, or hereditaments.
Steph. PL 3.
They are droitural when they are based upon the right of property, and possessory when based upon the right of possession. They are either writs of right; writs of entry, which lie in the per, the per et cm, or the post, upon disseisin, intrusion, or alienation; writs ancestral possessory, as mort d'ancestor, aiel, besaiel, cosinage, or nuper obiit.
Comyn, Dig. "Actions" (D 2).
These actions were always local, and were to be brought in the county where the land lay.
Bracton, J89, 414.
They are now pretty generally laid aside in practice, upon account of the great nicety required in their management, and the inconvenient length of their process, — a much more expeditious method of trying titles being since introduced by other actions, personal and mixed.
See Stearns, Real Actions; Booth, Real Actions; Bac. Abr. "Actions;" Comyn, Dig. "Actions;" 3 Bl. Comm. 118.