Definition of ENTRY, WRIT OF


ENTRY, WRIT OF

The name of a writ issued for the purpose of obtaining
possession of land from one who has entered unlawfully, and continues in
possession. This is a mere possessor action, and does not decide the right
of property.

2. The writs of entry were commonly brought, where the tenant or
possessor of the land entered lawfully, that is, without fraud or force, 13
Edw. I. c. 25, although sometimes they wer6 founded upon an entry made by
wrong. The forms of these writs are very various, and are adapted to the,
title and estate of the demandant. Booth enumerates and particularly
discusses twelve varieties. Real Actions, pp. 175-200. In general they
contain an averment of the manner in which the defendant entered. At the
common law these actions could be brought only in the degrees, but the
Statute of Marlbridge, c. 30, Rob. Dig. 147, cited as c. 29, gave a writ
adapted to cases beyond the degrees, called a writ of entry in the post.
Booth, 172, 173. The denomination of these writs by degrees, is derived
from the circumstance that estates are supposed by the law to pass by
degrees from one person to another, either by descent or purchase. Similar
to this idea, or rather corresponding with it, are the gradations of
consanguinity, indicated by the very common term pedigree. But in reference
to the writs of entry, the degrees recognized were only two, and the writs
were quaintly termed writs in the per, and writs in the per and cui.
Examples of these writs are given in Booth on R. A. pp. 173, 174. The writ
in the, per runs thus: " Command A, that be render unto B, one messuage,
&c., into which he has not entry except (per) by &c. The writ in the per
and cui contains another gradation in the transmission of the estate, and
read thus: Command A, that he render, &c., one messuage, into which he hath
not entry but (per) by C, (cui) to whom the aforesaid B demised it for a
term of years, now expired," &c. 2 Institute, 153, Co. Litt. b, 239, a.
Booth, however, makes three degrees, by accounting the estate in the per,
the second degree. The difference is not substantial. If the estate had
passed further, either by descent or conveyance, it was said to be out of
the degrees, and to such cases the writ of entry on the. statute of
Marlbridge, only, was applicable. 3 Bl. Com. 181, 182, Report of Com. to
Revise Civil Code of Penna. January 15, 1835, p. 85. Vide Writ of entry.


Source: Bouviers Law Dictionary 1856 Edition

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