writ of right

writ of right
A writ 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. 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 writs, 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. 3 Bl.Comm. 391. In England, the writ of right was abolished in 1833

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • Writ of right — Right Right, n. [AS. right. See {Right}, a.] 1. That which is right or correct. Specifically: (a) The straight course; adherence to duty; obedience to lawful authority, divine or human; freedom from guilt, the opposite of moral wrong. (b) A true… …   The Collaborative International Dictionary of English

  • writ of right — see writ Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • writ of right — noun a writ ordering that land be restored to its rightful owner • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑writ, ↑judicial writ * * * 1. : an original writ used to protect a feudal tenant in the enjoyment of his freehold property by trial of… …   Useful english dictionary

  • writ of right close — a writ of right used for tenants of the ancient demesne and directed to the bailiff of the manor commanding the lord to do right in his court …   Useful english dictionary

  • writ of right patent — a writ of right directed to the sheriff and used in behalf of a person claiming to hold land by free tenure of a mesne lord …   Useful english dictionary

  • writ of right — Date: 15th century 1. a common law writ for restoring to its owner property held by another 2. a writ granted as a matter of right …   New Collegiate Dictionary

  • writ of right — 1. Eng. Law. a writ directed to a person who presided over a feudal court, directing him to render justice between his vassals in a dispute as to ownership of land: usually led to a trial in a royal court if feudal ownership was involved. 2. Law …   Universalium

  • writ of right — noun Law 1. History one of two writs issued by a manorial court in a dispute between feudal tenants as to ownership or extent of a freehold. 2. US a similar writ, now supplanted by ejectment actions …  

  • writ of right — An ancient writ for the recovery of real property wrongfully withheld from the owner. The term was also applied to that class of writs which the sovereign was bound by Magna Charta to issue, and which are distinguishable from prerogative writs …   Ballentine's law dictionary

  • writ of right close — A writ which lay for the king s tenants in ancient demesne, and others of a similar nature, to try the right of then lands and tenements in the court of the lord exclusively. See 3 Bl Comm 195 …   Ballentine's law dictionary

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