Page:Halsbury Laws of England v1 1907.pdf/255

 Part YII.

—Forms

of Action.

33

be classified (r) as being either actions of right proper, of right in their nature, of entry, or as to interests in land.

may

Sect.

1.

Old Forms

of Action. " of right proper " was the highest remedy known The demandant had to show a title to Actions of for the recovery of land. right proper. seisin, either by himself, or by the actual and fee-simple the

46.

An action

Such an action might be whom he claimed one de rationabili parte (y), the remedy, between privies in blood, for one co-parcener against another, who had entered on or it might be for an the land and kept the demandant out advowson (z), but this action was superseded by quai^e impedit, which was a more convenient form, as under it the intruding clerk could be put out of the benefice; or it might be for dower (a), the action of right for dower, though not brought in respect of the fee This last simple, being generally treated as one of right proper. action was not often used, as the action of dower imde nihil liabet was more convenient but where a widow had received a part of her dower in the particular vill or township in which she claimed to be It was one of the four real entitled, it was her proper remedy. actions saved by the Real Property Limitation Act, 1833 ancestor under {inter alia)





47. Actions of right in their nature " were akin to actions of right Actions in proper. The most important was Formedon(c), so called from ^f^^.-^^^^^^^ ^ forma donationis, the form of the gift on which the action was founded being set out in the writ. Another was the action of de dote unde nihil ]tabet{d), by which a widow could recover dower against the heir of her husband in a case where she had not received any part of her dower in the same vill or township. This was another of the four real actions saved by the Eeal Property Limitation Act, 1833 (h). 48. Actions "of entry" were usually resorted to when the "tenant" had come into possession of the land without force or fraud. An action of entry, brought against the original disseisor or his heir, was called an action of entry "in the per" if against one who claimed under the disseisor, entry " in the per and cuV {f) and



{v) They liave also been classified according to the person last seised of the property in question, yiz., (1) Possessory actions, brought by a demandant who bad himself been seised, as, for instance, novel disseisin; and (2) actions ancestrel, brought by a demandant to whom a right bad descended from an ancestor who bad himself been seised, as, for instance, Aiel, Cosinage, Mortd' ancestor etc. Actions ancestrel were again divided into actions ancestrel

possessory, and actions ancestrel droiturel (see Termes de la Ley, "Actions Eeal"; Co. Inst., Pt. 2, 1, 241). {w) "Actio quidem super recto ultimum locum sibi vendicat in ordine

placitorum a

summo remedio ad

ueque auxilium

inferiorem actionem non babetur ingressus See Eoscoe, "Actions relating 5 to Eeal

" (Fleta, lib. 6, c. 1).

^ Property," 9. {x) Dally V. King (1788), 1 H. Bla. 1. (?/) Fitz. Nat. Brev. 9 Eoscoe, 25. (2) Fitz. Nat. Brev. 30 Eoscoe, 26. {a) Fitz. Nat. Brev. 7 Eoscoe, 29. {h) 3 & 4 Will. 4, c. 27, 8. 36. (c) Fitz. Nat. Brev. 211 Eoscoe, 43. {d) Fitz. Nat. Brev. 148 Eoscoe, 39. (/) Co. Litt. 238 b.

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H.L.

—

I.

D

Actions of entry,