England Estrepement

in commentaries, blackstone noted common law writ lie prevent waste took place between judgment in real action , delivery of possession sheriff. following statute of gloucester, writ of estrepement pendente placito lie prevent estrepement pending outcome of case. either writ empowered sheriff prevent such waste, allowing him imprison waster, , raise posse comitatus assist him. according finlason, basic writ of estrepement original writ had sued out of chancery, whereas writ pendente placito writ issued bench.

where tenant alleged have disobeyed writ, venire facias issue , tenant attached. standard pleading in response deny waste contrary writ, , issue tried jury, outcome resulting in conviction contempt of court.

when john puckering lord keeper, 1 of actions restrict issuance of writs of estrepement, other writs such audita querela, unless allowed it. holdsworth suggests might have been part of effort keep courts of common law entering matters of equity.

while analogous injunction in equity, 1 major difference grounds issuance of writ not inequitable conduct of defendant, use of land in manner prohibited work commit wrong. also, unlike injunctions , writ of prohibition, writ of estrepement merely stopped further damage, , not command repair or replacement of property damaged. 2 important similarities both in personam orders, , disobedience may result in imprisonment.

the injunction supplanted writ, , writ abolished in england real property limitation act 1833.