Mort d'ancestor

A writ issued by *chancery which sought to establish the rightful heir of a property. The case was decided by a jury assembled by the *sheriff and held before one of the travelling justices or *justice-in-eyre. The question to be answered was whether or not the claimant's father had had rightful possession of the property and whether the claimant was heir. By specifying the claimant's father in the claim, the *assize sought to step back to before Stephen's reign and the disruption of that time. -

Dictionary of Medieval Terms and Phrases. .

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  • mort d'ancestor — /mort dinsastar/ An ancient and now almost obsolete remedy in the English law. An assize of mort d ancestor was a writ which lay for a person whose ancestor died seised of lands in fee simple, and after his death a stranger abated; and this writ… …   Black's law dictionary

  • mort d'ancestor — märˈdanˌsestər noun Etymology: Anglo French, death of the ancestor : an obsolete writ or brieve in English and Scots law for the recovery by an heir from an abator of a tenement which his deceased ancestor held in seisin at his death …   Useful english dictionary

  • Mort d'Ancestor — Action to discover whether ancestor dies in possession of land, thus validating his heir s succession. (Sayles, George O. The King s Parliament of England, 145) Related terms: Assize, Disseisin, Novel Disseisin, Seisin …   Medieval glossary

  • mort d'ancestor — The death of an ancestor; a writ of assize to recover land from an abator of which the demandant s father or mother, brother or sister, uncle or aunt, nephew or niece had died seised. See 3 Bl Comm 185 …   Ballentine's law dictionary

  • Assize of mort d'ancestor — In English law, the Assize of mort d ancestor ( death of ancestor ) was an action brought where a plaintiff claimed the defendant had entered upon a freehold belonging to the plaintiff following the death of one of his relatives. It was one of… …   Wikipedia

  • assize of mort d'ancestor — Assize of the death of the ancestor; a writ of assize to recover land from an abator of which the demandant s father or mother, brother or sister, uncle or aunt, nephew or niece had died seised. See 3 Bl Comm 185 …   Ballentine's law dictionary

  • Assize — 1) The meeting of feudal vassals with the king it also refers to decrees issued by the king after such meetings. 2) A) Rule or regulation; B) procedure in legal actions concerning land. See darrein presentment, mort d ancestor, Novel Disseisin,… …   Medieval glossary

  • action — Conduct; behavior; something done; the condition of acting; an act or series of acts. Term in its usual legal sense means a lawsuit brought in a court; a formal complaint within the jurisdiction of a court of law. Pathman Const. Co. v. Knox… …   Black's law dictionary

  • Henry II — 1. ( Henry the Saint ) 973 1024, king of Germany 1002 24 and emperor of the Holy Roman Empire 1014 24. 2. ( Curtmantle ) 1133 89, king of England 1154 89: first king of the Plantagenet line (grandson of Henry I of England). 3. 1519 59, king of… …   Universalium

  • assize — assize, or assise (obsolete) /asayz/ An ancient species of court, consisting of a certain number of men, usually twelve, who were summoned together to try a disputed cause, performing the functions of a jury, except that they gave a verdict from… …   Black's law dictionary


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