A real action which lay to recover lands in fee simple unjustly withheld from the owner, for a less period than 60 years. See 50 Am. Dec. 172, note.
A real action which lay to recover lands in fee simple unjustly withheld from the owner, for a less period than 60 years. See 50 Am. Dec. 172, note.
A procedure for the recovery of real property after not more than sixty years' adverse possession; the highest writ in the law, sometimes called, to distinguish it from others of the droitural class, the "writ of right proper." Abolished by 3 & 4 Wm. IV. c. 27. 3 Steph. Comm. 392.
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.