writ of right

It is clear, by the whole amount of authority, that actual seizin, or seizin in deed, is, at the common law, necessary to maintain a writ of right. . . . The solemn act of livery of seizin was absolutely necessary to produce a perfect title, or as Fleta calls it, juris et seisinae conjunctio.

In practice. The remedy appropriate to the case where a party title on the right of property, or mere right, arising either from his own seisin or the seisin of his ancestor or predecessor. Fitzh. Nat. Brev. 1 (B); 3 Bl. Comm. 391. At common law, a writ of right lies only against the tenant of the freehold demanded. 8 Cranch (U. S.) 239. This writ brings into controversy only the rights of the parties in the suit; and a defense that a third person has better title will not avail. 7 Wheat. (U. S.) 27; 3 Pet. (U. S.) 133; 3 Ring. (N. S.) 434; 4 Ring. (N. S.) 711; 5 Ring. (N. S.) 161; 4 Scott, 209; 6 Scott, 435, 738; 6 Adol. & E. 103; 1 H. Rl. 1; 3 Taunt. 167; 5 Taunt. 326; 1 Marsh. 68; 2 Ros. & P. 570; 4 Ros. & P. 64; 4 Taunt. 572; 2 W. Rl. 1261; 2 Car. & P. 187; 271; 8 Cranch (U. S.) 229; 2 Wheat. (U. S.) 306; 11 Me. 312; 7 Wend. (N. Y.) 2^0; 3 Ribb (Ky.) 57; 3 Rand. (Va.) 563; 2 J. J. Marsh. (Ky.) 104; 2 A. K. Marsh. (Ky.) 396; 1 Dana (Ky.) 410; 2 Leigh (Va.) 1; 4 Mass. 64; 17 Mass. 74.

The remedy appropriate to the case where a party claims the specific recovery of corporeal hereditaments in fee-simple, founding his title oiv the right of property, or mere right, arising either from his own seisin or the seisin of his ancestor or predecessor. Fitzh. N. B. 1 (B); 3 Bla. Com. 391. “Originally a writ of right is so called because it orders the feudal lord to do full right to the demandant, plenum rectum tenere.... But when possessory actions have been established in the king’s court, ‘right’ is contrasted with ‘seisin,’ and all writs originating proprietary actions for land... come to be known as writs of right Maitland, in 2 Sel. Essays, Anglo-Am. Leg. Hist. 563. At common law, a writ of right lies only against the tenant of the freehold demanded; Green v. Liter, 8 Cra. (U. S.) 239, 3 U Ed. 545. This writ brings into controversy only the rights of the parties in the suit; and a defence that a third person has better title will not avail; Green v. Watkins, 7 Wheat. (U. S.) 27, 5 L. Ed. 388; Inglis v. Sailor’s Snug Harbour, 3 Pet. (U. S.) 133, 7 L. Ed. 617; 3 Bingh. n. s. 434; 6 Ad. & E. 103.

This was a writ which lay for one who had the right of property, against another who had the right of possession and the actual occupation. The writ properly lay only to recover corporeal hereditaments for an estate in fee-simple; but there were other write, said to be "in the nature of a writ of right," available for the recovery of incorporeal hereditaments or of lands for a less estate than a fee-simple. Brown. In another sense of the tenn. a "writ of right" is one which is grantable as a matter of right, as opposed to a "prerogative writ," which is issued only as a matter of grace or discretion.

practice, is the remedy appropriate to the case where a party claims the specific recovery of corporeal hereditaments in fee simple; founding his title on the right of property, or mere right, arising either from his own seisin, or the seisin of his ancestor or predecessor. F.N.B.1B; 3 Bl. Com. ee 391. claims damages for a trespass committed against his person, or tangible and corporeal property. See Tres- 58. PeWRIT OF REPLEVIN, practice. Vide Replevin.