The Origins of Quare Impedit

Authors

Joshua C. Tate, Southern Methodist University, Dedman School of LawFollow

Abstract

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.

Publication Title

Journal of Legal History

Document Type

Article

Recommended Citation

Joshua C. Tate, The Origins of Quare Impedit, 25 J. Legal Hist. 203 (2004)