writ of estrepement

writ of estrepement
A writ invoking an ancient remedy for the prevention of waste. 56 Am J1st Waste § 30. A writ of ancient origin, the purpose of which was originally to prevent waste, after judgment obtained in any action real and before possession delivered. Its scope was enlarged by the Statute of Gloucester (6 Edward 1, ch. 13) to include cases of waste pending suit and to extend the writ to cases in which no recovery of land was sought. It was not only a preventive remedy, but was remedial and corrective, because the holder of land might Dot only be prevented from doing waste, but if he should do any, notwithstanding the prohibition, the plaintiff might recover damages for such waste, even up to the time when possession should be delivered to him. See 56 Am J1st Waste § 30.

Ballentine's law dictionary. . 1998.

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Look at other dictionaries:

  • writ of estrepement — A common law writ of waste, which lay in particular for the reversioner against the tenant for life, in respect of damage or injury to the land committed by the latter. As it was only auxiliary to a real action for recovery of the land, and as… …   Black's law dictionary

  • writ of estrepement — A common law writ of waste, which lay in particular for the reversioner against the tenant for life, in respect of damage or injury to the land committed by the latter. As it was only auxiliary to a real action for recovery of the land, and as… …   Black's law dictionary

  • estrepement pendente placito — Estrepement pending suit; a writ given by the statute of Gloucester to prevent waste pending the outcome of any real action. See 3 Bl Comm 226 …   Ballentine's law dictionary

  • estrepement, writ of — A common law writ of waste, which lay in particular for the reversioner against the tenant for life, in respect of damage or injury to the land committed by the latter. As it was only auxiliary to a real action for recovery of the land, and as… …   Black's law dictionary

  • estrepement, writ of — A common law writ of waste, which lay in particular for the reversioner against the tenant for life, in respect of damage or injury to the land committed by the latter. As it was only auxiliary to a real action for recovery of the land, and as… …   Black's law dictionary

  • estrepement — Waste; extirpation; a common law writ which lay after judgment in any real action, and before the sheriff delivered possession, to stop any waste which the losing party might be tempted to commit in lands which were determined to be no longer his …   Ballentine's law dictionary

  • non fecit vastum contra prohibitionem — /non fiysat vaestam kontra pr6w(h)abishiyownam/ He did not commit waste against the prohibition. A plea to an action founded on a writ of estrepement for waste …   Black's law dictionary

  • non fecit vastum contra prohibitionem — /non fiysat vaestam kontra pr6w(h)abishiyownam/ He did not commit waste against the prohibition. A plea to an action founded on a writ of estrepement for waste …   Black's law dictionary

  • Non fecit vastum contra prohibitionem — He has not committed waste in violation of the prohibition,–a form of plea interposed by a tenant against whom a writ of estrepement had been brought. See 3 Bl Comm 226 …   Ballentine's law dictionary

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