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Quia Timet

Defined in 2 dictionaries — Black's (1910), Bouvier (1839)

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

Lat. Because he fears or apprehends.

In equity practice. The technical name of a bill filed by a party who seeks the uid of a court of equity, because he fears some future probable injury to his rights or Interests. 2 Story, Eq. Jur. § 826.

A Law Dictionary, Adapted to the Constitution and Laws of the United States

John Bouvier · 1839

remedies. Because he fears. According to Lord Coke, “ there be six writs of law that may be maintained quta timet, before any molestation, distress or 1mpleading; as, 1. A man may have his writ or mesne, before he be distrained; 2. A warrantia charte, before he be impleaded; 3. A monstraverunt, before any distress or vexation; 4. An audtia querela, before any execution sued; 5. A curia claudenda, before any default of inclosure; 6. A ne unjuste vezes,.before any distress or molestation. And these called brevia anticipontia, writs of prevention.” Co. Litt. 100; and see 7 Bro. P. C. 1285. These writs are generally obsolete. In chancery, when it is contemplated to prevent an expected injury, a Bill quia timet (q. y.) is filed. Vide 1 Fonb. 41; 18 Vin. Ab. 141. Vide