Quia Erronice Emanavit

Because it issued erroneously, or through mistake. A term in old English practice. Yelv. 83 QUIA TIMET (Lat. because he fears). A term applied to preventive or anticipatory remedies. According to Lord Coke, "there be six writs of law that may be maintained quia timet, before any molestation, distress, or impleading; as, first, a man may have his writ or mesne before he be distrained; second, a warrantia cha/rtae, before he be impleaded; third, a monstraverunt, before any distress or vexation; fourth, an audita querela, before any execution sued; fifth, a curia claudenda, before any default of inclosure; sixth, a we injuste vexes, before any distress or molestation. And these are called brevia antidpantia, writs of prevention." Co. Litt. 100. And see 7 Brown, Pari. Cas. 125. These writs are generally obsolete. In chancery, when it is contemplated to pre-