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Browsing: Legal Papers of John Adams, Volume 1


This note contained in document ADMS-05-01-02-0002-0001-0002
14. 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 37.
Cite web page as: Founding Families: Digital Editions of the Papers of the Winthrops and the Adamses, ed.C. James Taylor. Boston: Massachusetts Historical Society, 2014.
http://www.masshist.org/apde2/