单词 | mortancestry |
释义 | † mortancestryn. Chiefly Scots Law. Obsolete. = mort d'ancestor n. Chiefly in brieve of mortancestry n. a warrant from Chancery authorizing an inquiry by a jury when the legitimacy of a property-holder's possession of a property has been challenged by a descendant of a former possessor, who claims to be its rightful heir. ΘΚΠ society > law > administration of justice > court proceedings or procedure > action of courts in claims or grievances > [noun] > a lawsuit > other types of action mort d'ancestora1325 trespass on the case1429 action of detinue1467 mortancestry1471 replevin1515 non-finding1525 nisi prius1533 faint action1542 interpleadera1558 improbationc1575 assize1577 assumpsit1586 transitory action1594 trover1594 suit of the King's peace1607 detinuea1626 quia timet1628 choke-baila1637 reprobator1672 spulyie1678 petitory action1681 proprium1695 restitution of conjugal rights1720 amicable suit1768 noxal action1774 real action1818 witness action1892 class suit1894 non-jury1897 foreclosure action1905 class action1910 derivative action1934 paternity suit1945 1471 in Bull. Inst. Hist. Res. (1925) 3 68 (MED) A breif of mortancestry dependand in þe Justice are of couper. c1600 in Balfour's Practicks (1754) 226 And gif the superiour will not..restoir and deliver the heritage to the air, beand of..perfeit age, the air, be ane breif and assise of mortancestrie, will recover his..heritage fra his over-lord [etc.]. 1609 J. Skene tr. Regiam Majestatem 58 Qvhen ane man deceisses saised in frie tenement, swa that he is vest and saised therein in propertie, and as of fie: his heire may seik saising thereof: and gif he be of perfite age, he sall haue the brieve of mortancestrie. 1678 G. Mackenzie Laws & Customes Scotl. ii. 424 They were Judges to Recognitions, Brieves of Mortancestrie, [etc.]. 1746–7 Act 20 Geo. II c. 50 §3 Upon the brief of mortancestry of any heir or heirs. a1768 J. Erskine Inst. Law Scotl. (1773) II. iii. viii. §62. 576 Though the brief of inquest sometimes gets the name of the brief of mortancestry..these two were originally distinct. 1838 W. Bell Dict. Law Scotl. 659 The brieve of mortancestry was used for calling into court those in possession of the ancestor's property, for trying the title under which they possessed. This entry has been updated (OED Third Edition, December 2002; most recently modified version published online December 2020). < |
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