Writ of Right
idea · 2 works · 4 mentions · 9 anchored passages
writ of entry · assizes · breve de recto tenendo · the writ of right · writ of right · writ of right patent · writs of entry
in the texts
The Law of Torts
The historical English writ used for the assertion of title to land, representing the older procedure of restitution rather than penal redress.
For assertion of title to land there was the writ of right;
For the former case the common law provided its most ancient remedies—the writ of right (and later the various assizes and the writ of entry) for land, and the parallel writ of detinue (parallel as being merely a variation of the writ of debt, which was precisely similar in form to the writ of right) for goods;
Magna Carta: A Commentary on the Great Charter of King John
A royal writ requiring a lord to do full right to a tenant complaining of a denial of justice, later becoming the procedure defined by disputes over ownership of land.
(b) When the use of the writ praecipe was barred, the King could fall back on the more cumbrous procedure instituted by writ of right, the potentialities of which were developed after 1215.
The essential feature of a Writ of Right came to be that it dealt with ownership as opposed to mere possession:
Why did the barons, it may be asked, while attacking the writ praecipe, allow the writ of right patent to go unscathed?