Writ of entry — Law Dictionary

Ballentine's Law Dictionary

James A. Ballentine · 1916

A real action to regain possession of land for a tenant who has been wrongfully dispossessed.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

A real action to recover the possession of land where the tenant (or owner) has been disseised or otherwise wrongfully dispossessed. If the disseisor has aliened the land or lf it has descended to his heir, the writ of entry ls said to be in the per, because it alleges that the defendant (the alienee or heir) obtained possession through the original disseisor. If two alienations (or descents) have taken place, the writ is in the per and cui, because it alleges that the defendant (the second alienee) obtained possession through the first alienees fo whom the original disseisor had aliened it If more than two alienations (or doseentsV have taken place, the writ ls in the post, be cause it simply alleges that the defendant acquired possession after the original disseisin. Ch Litt. 238b; 3 Bl. Comm. 180. The writ of entry was abolished, with other real actions, in England, by St. 3 & 4 Wm. IV. c. 27, § 36, but is still in use in a few of the states of the Union. Sweet.

In old English practice. This was a writ made use of in a form of real action brought to recover the possession of lands from one who wrongfully withheld the same from the demandant. Its object was to regain the possession of lands of which the demandant, or his ancestors, had been unjustly deprived by the tenant of the freehold, or those under whom he claimed, and hence it belonged to the possessory division of real actions. It decided nothing with respect to the right of property, but only restored the demandant to that situation in which he was (or by law ought to bave been) before the dispossession committed. 3 Bl. Comm. 180. It was usual to specify in such writs the degree or degrees within which the writ was brought, and it was said to be "in the per" or "in the per and cui," according as there had been one or two descents or alienations from the original wrongdoer. If more than two such transfers had intervened, the writ was said to be "in the post." See 3 Bl. Comm. 181.
—Entry ad communem legem. Entry at common law. The name of a writ of entry which lay for a reversioner after the alienation and death of the particular tenant for life, against him who was in possession of the land. Brown.
—Entry ad terminum qui praeteriit. The writ of entry ad terminum qui prwteriit lies where a man leases land to another for a term of years, and the tenant holds over his term. And if lands be leased to a man for the term of another's life, and he for whose life the lands are leased dies, and the lessee holds over, then the lessor shall have this writ. Termes de la Ley.
—Entry for mar, riage in speech. A writ of entry causa matrimonii præloquuti lies where lands or tenements are given to a man upon condition that he shall take the donor to be his wife within a certain time, and he does not espouse her within' the said term, or espouses another woman, or makes himself priest. Termes de la Ley.
—Entry in casu consimili. A writ of entry in casu consimili lies where a tenant for life or by the curtesy aliens in fee. Termes de la Ley.
—Entry in the case provided. A writ of entry in casu proviso lies if a tenant in dower alien in fee, or for life, or for another's life, living the tenant in dower. Termes de la Ley.
—Entry without assent of the chapter. A writ of entry sine assensu capi-tult lies where an abbot, prior, or such as hath covent or common seal, aliens lands or tenements of the right of his church, without the assent of the covent or chapter, and dies. Termes de la Ley.

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

John Bouvier · 1839

practice, is a writ requiring the sheriff to commises in question, or to appear in court on such a day to show cause why he hath not done so. Co. Litt. 238. This writ is out of use.