Cape
Glossary of Technical Terms, Phrases, and Maxims of the Common Law · Frederic Jesup Stimson · 1881
Glossary of Technical Terms, Phrases, and Maxims of the Common Law
/. (Take.) A writ judicial, issued in real actions for the recovery of land, directing the sheriff to take and hold the land when the tenant or defendant made default. The grand cape, cape magnum, was awarded when the defendant had never appeared to the summons, and required an answer to the default and the demand; the petit cape issued after appearance, and required an answer to the default alone. Cape ad valentiam: a kind of grand cape, awarded a defendant in a real action when the person whom he called to warrant made default and the demandant recovered. It commanded the sheriff to take land of the vouchee to the value of the land recovered.