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Wabrantia

Defined in 1 dictionary — Abbott (1879)

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

In law Latin, warranty. Warrantia chartae. An old English writ, which lay for a man who was enfeoffed of lands with warranty, and who, being afterwards sued or impleaded in assise or other actions, in which he could not vouch to warranty, was permitted, by means of this writ, to compel the feoffor or his heirs to warrant the land to him; and, if that writ were obtained by the feoffee pending the first writ against him, then, in case the land were recovered from him, he should recover as much lands in value against the warrantor. (Fitz. Nat. Brev. 134; Termes de la Ley, 37, 588.) The writ was abolished by 3 & 4 Wm. IV. ch. 27, § 36. Brown. Warrantia custodiae. An old English writ, which lay for him who was challenged to be a ward to another, in respect to land said to be holden by knight service; which land, when it was bought by the ancestors of the ward, was warranted free from such thraldom. The writ lay against the warrantor and his heirs. Cowel. Warrantia diei. A writ which lay for a man who, having had a day assigned him personally to appear in court in any action in which he was sued, was in the mean time, by commandment, employed in the king's service, so that he could not come at the day assigned. It was directed to the justices, that they might not record him in default for that day. Cowel.