. The products or profits of the land. This was a formal but necessary allegation in
both a writ of right and a writ of entry, intended to show the substantial nature
of the seisin under which the land was claimed. See Stearns, Real Actions
155, 364–366. The allegation “in a time of peace” was also a purely formal part of
both writs, denoting activity under law at a time when the courts were open. Id.
at 155–156. The form here differs from that usually found in a writ of entry in that
it does not contain an allegation in the first paragraph detailing the particulars
of the wrongful entry. In adopting JA
's form, Stearns grafted such allegations on to it. Id.
at 442–443. Although the form is not exactly a writ of entry, it is even less a writ
of right. It lacks much of the latter's distinctive language, such as an allegation
at the end of the land description that the lands were claimed “By writ of our lord
the king of right”; a statement that the seisin “in his demesne as of fee” was also
“as of right”; and the concluding clause, “and that such is his right he offers, &c.”
In place of the latter, this form concludes with a clause such as was ordinarily used
in the writ of entry. Id.
at 362–364. Compare Stephen, Pleading