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.

An ancient writ in English law which was available for one who had a right to lands or tenements by virtue of a gift in tail. It was in the nature of a writ of right, and was the highest action that a tenant in tall could have; for he could not have an absolute writ of right, that being confined to such as claimed in fee-simple, and for that reason this writ of formedon was granted to him hy the statute de donis, (Westm. 2, 13 Edw. I. c. 1,) and was emphatically called "his" writ of right. The writ was distinguished into three species, viz.; Formedon in the descender, in the remainder, and in the reverter. It was abolished in England by St. 3 & 4 Wm. IV. c. 27. See 3 Bl. Comm. 191; Co. Litt. 316; Fitzh. Nat. Brev. 255.

— Formedon in the descender. A writ of formedon which lay where a gift was made in tail, and the tenant in tail aliened the lands or was disseised of them and died, for the heir in tail to recover them, against the actual tenant of the freehold. 3 Bl. Comm. 192.

— Formedon in the remainder. 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 remninder, and kept him out of possession. In this case he in remainder, or his'heir, was entitled to this writ. 3 Bl. Comm. 192.

— Formedon in the reverter. 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. Comm. 192.

formdon, I. fr.

In old English law. An action, in the nature of a writ of right, given by the statute Westm. 3, c, 1. as the peculiar remedy of a tenant in tail, in case of a discontinuance of the estate tail. Formedon en le discender: formedon in the descender; a writ of formedon which lay for an heir of a tenant in tail against his ancestor's alienee or disseisor. Formedon en le remainder: formedon in the remainder; a writ of formedon which lay for a remainderman against an intruder upon death of the tenant in tail without issue inheritable. Formedon en le revertur: formedon in

An old writ of right real

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.

old Engl. law. The writ of formedon is nearly obsolete, it having been superseded by the writ of ejectment. Upon an alienation of the tenant in tail, by which the estate in tail is discon- FOR EE estate displaced, and turned into a mere right, the remedy is by action eS of formedon, (secundum forman doni,) because the writ comprehends the form of the gift. This writ is in the nature of a writ of right, and the action of formedon is the highest a tenant in tail canhave. This writ distinguished into three species; a formedon in the descender, in the rematnder, and in the reverter. 3 Bl. Com. 191.. FORMULARY, a book of forms precedents for matters of law; the form.