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Legal History Commons

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Southern Methodist University

Series

2004

Articles 1 - 1 of 1

Full-Text Articles in Legal History

The Origins Of Quare Impedit, Joshua C. Tate Jan 2004

The Origins Of Quare Impedit, Joshua C. Tate

Faculty Journal Articles and Book Chapters

The writ of quare impedit was, until the mid-nineteenth century, a standard real action for the recovery of advowsons. This article argues that the writ was most likely created between 1187 and 1196, and that it was, at least in part, a response to pressure from religious houses that acquired advowsons by charter of gift and were precluded from bringing the writ of right of advowson or the assize of darrein presentment.