Simone, (Whitehorne v.) Skeffington, (King v.) Smith, (Abbot v.) -, (Bell v.) v. Coffin. v. Crump -, (Ledbury v.) v. Muller (Philips v.) (Redfern v.) (Thomson v.) (Turner v.) 79 Street v. Lord Alvanley (Pierce v.) 79 121 66, 7. 122 Style, (Hamelton v.) 174 Sulyard v. Harris 120 -, (Williams v.) 116 Tappenden v. Randall Tarbutt, (Mitchell v.) Taylor v. East India Company 159 v. Royal Exchange Assurance Company v. Rutherman v. Taylor Tenant v. Goldwin Thistleworth, (Longworth v.) 126 Thomas, (Anderson v.) (Marshall v.) (Trelawney v.) (Crackall v.) v. Powell, (Rex v. Sheriff of Middlesex, in) Thomson v. Smith Thorn, (Doe d.) v. Phillips Thrale v. Bishop of London Thurston, (Chippendale v.) v. Thurston 45 172 140 166 90 186 10 122 Id. 79 171 177 67 116 171, 2 109 V. Vavasour, Lady, (Craven v.) Vaughan v. Wilkins Venables v. Wilks Vernon v. Cholmondeley U. Underhill, (Alston v.) Whitehorne v. Simone Whitehouse v. Atkinson University of Cambridge, case of 126 Whiting, (Whitcomb v.) Whytt v. Macintosh Wilkins, (Vaughan v.) Wilkinson, (Scammell v.) Wilks v. Eames Weddle v. Brazier Welland v. Frument Wells v. Pickman Welsford, (Cuming v.) Wentworth v. Squib Weston v. Coulson 126 82 79 64 185 49 159 Wilby v. Warren 189 171 Ber 82 164. 318 45. 48 166 45. 48 15 Warburton, (Boyce v.) 174 -, (Lloyd v.) 67 Ward v. Clarke 184 v. Scudamore 116. 288 v. Thomas 177 Warren, (Wilby v.) 52 , (Wright v.). 65. 71.82 Washbourn, in re 186 Waskett, (Gillingham v.) Waterhouse, (Ansell v.) 140 v. v. Smith (Fellowes v.) 47, 8 (Irving v.) Commissioners of Ap 116 127 79 Waterpark, Lord (Du Belloix v.) 45 peal, &c. 171 Wathews, (Girdler v.) 65 v. Newham 48, 9 Watmore v. Bruce Watson, (Cohen v.) (Mounsey v.) v. Pilling 65 Wilson v. Aldridge 188 67 CHAP. I. Of ACTIONS, and the TIME limited for their COMMENCEMENT, &c. or civil. or mixed. ACTIONS are commonly divided into criminal, or such as concern Actions criminal pleas of the crown, and civil, or such as concern common pleasa: And these latter are again divided into real, personal, and mixed Real, personal, actions. In a real action, the proceedings are in rem, for the recovery of real property only; in a personal action, they are in personam, for the recovery of specific chattels, or of some pecuniary satisfaction or recompence; and in a mixed action, they are in rem et personam, for the recovery of real property, and damages for withholding it. possessory. Real actions (or, as they are called in the Mirror', feodal actions,) Real actions, were droitural, or possessory: The former, in which the demand- droitural or ant sued in respect of his mere right, having lost his right of possession, were commenced by writ of right, properly so called, or by writ in nature of a writ of right. A writ of right, properly so called, which has been said to be the highest writ in the law, lay for the recovery of lands and tenements, by the tenant in fee simple; and was patent or close. Writ of right, properly so called. what. When the lands were holden of a subject, the writ of right was Right patent, patent, and directed to the lord of whom they were holden, or, if he were out of the realm, to his bailiffs of the manor, commanding a * Co. Lit. 284. b. Atcheson v. Trott, Cowp. 391. c. 2. § 6. The following outline, or summary of real and mixed actions, was prepared by the Author upwards of thirty years ago, and is now published, with additional references, not only to shew what the law respecting these actions formerly was, and for what purposes they were intended, but also as it may tend to throw some light on the late Act for the limitation of actions and suits relating to real property, &c., d F. N. B. 1. Co. Lit. 158. b. 3 Chit. e F. N. B. 1. Booth, on real actions, 87,8. B |