Monstrans de droit

L. Fr.

In English law. A showing or manifestation of right; one of the common law methods of obtaining possession or restitution from the crown, of either real or personal property. It is the proper proceeding when the right of the party, as well as the right of the crown, appears upon record, and consists in putting in a claim of right grounded on facts already acknowledged and established, and praying the judgment of the court whether upon these facts the king or the subject has the right. 3 Bl. Comm. 256 ; 4 Coke, 54b.

Fr In English Jaw. A showing or manifestation of right; one of the common law methods of obtaining possession or restitution from the crown, of either real or personal property. It is the proper proceeding when the right of the party, as well as the right of the crown, appears upon record, and consists in putting in a claim of right grounded on facts already acknowledged and established, and praying the judgment of the eourt whether upon these facts the king or the subject has the right. 3 Bl. Comm. 256; 4 Coke, 545.

Manifestation or plea of right; shov Fing title. A method, at common law, of obtaining possession or restitution from the crown of either real or personal property. When the right of the party,, as well as the right of the crown, appears upon record, that party shall have monstrans de droit, which is putting in a claim of right grounded upon facts already acknowledged and established and praying the judgment of the court, whether the king or his subject has the right. The remedy was extended by statutes to almost all cases where a subject based his claim against the crown upon an inquisition of ofiice. When the evidence of the subject's right was not of record, he formerly presented a " petition de droit " in which he set out the facts constituting his claim, whereupon a commission issued to inquire of the truth of the suggestion. Either proceeding could Ohio St. 262 (1868); Memphis v. Memphis Water Co., 5 Heisk. 495 (1871); Crescent City (3as Co. v. New Orleans Gas Co., 27 La. An. 138 (1875). ' Omaha Horse-Railway Co. v. Cable Tramway Co., 30 F. E. 334 (1887), Brewer, Cir. J. Compare Bridge Proprietors v. Hoboken Company, 1 Wall. 116 (1863). = Burlington, Cedar Eapids & Northern E. Co. u. Northwestern Fuel Co., 31 F. R. 657, 659 (1887), Brewer, be prosecuted in the chancery or exchequer courts. The judgment, if against the crown, was that 'of ouster le main or arftoveas jnanus.^

yr. Showing of right; a common-law method of obtaining restitution of real or personal property, before the Chancery or Exchequer, the record title to which was in the Crown, as after an inquest of office. The plaintiff, if successful, obtained a judgment of amoveas nanus or ousterlemain. Monstrans de faits,/)-. A showing of deeds; a profert, where a man pleaded a deed; whereupon the other party might claim oyer.

A manifestation or showing of title. This was the name of a common-law proceeding or remedy available for enforcing a claim against the crown, when the title were matter of record. The proceeding was formerly allowable only when the right of the claimant as well as the right of the crown appeared upon the record; and it consisted in putting in a claim of right, grounded on facts already acknowledged and established, and praying the judgment of the court, whether upon those facts the king or the subject had the right. This proceeding was extended by statutes of Edward III. and Edward VI. to almost all cases where a subject claims against the right of the crown founded on an inquisition of office. 3 Bl. Com. 256, 257; 3 Steph. Com. 656, 657. The judgment in a monstrans de droit, or other proceeding against the crown, is called amoveas manus or ouster-le-main. Manslrans de droit may now be preferred or prosecuted either in the chancery or in any of the common-law courts, although originally in the chancery and exchequer only. ( See petitions of right act, 1860, 23 & 24 Vict. ch. 34.) Brawn.