Assize of novel disseisin
Encyclopedia
In English law
, the Assize of novel disseisin ("recent dispossession") was an action to recover lands of which the plaintiff had been disseised, or dispossessed. The action became extremely popular due to its expediency. Rather than dealing with the issue of lawful possession, it simply asked whether a dispossession had taken place, in which case the property was restored to the plaintiff, and the question of true ownership was dealt with later.
It was one of the so-called "petty assizes" established by the Assize of Clarendon
by Henry II
in 1166. Like the other two assizes, it was abolished in 1833.
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, the Assize of novel disseisin ("recent dispossession") was an action to recover lands of which the plaintiff had been disseised, or dispossessed. The action became extremely popular due to its expediency. Rather than dealing with the issue of lawful possession, it simply asked whether a dispossession had taken place, in which case the property was restored to the plaintiff, and the question of true ownership was dealt with later.
It was one of the so-called "petty assizes" established by the Assize of Clarendon
Assize of Clarendon
The Assize of Clarendon was an 1166 act of Henry II of England that began the transformation of English law from such systems for deciding the prevailing party in a case as trial by ordeal or trial by battle to an evidentiary model, in which evidence and inspection was made by laymen...
by Henry II
Henry II of England
Henry II ruled as King of England , Count of Anjou, Count of Maine, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, Lord of Ireland and, at various times, controlled parts of Wales, Scotland and western France. Henry, the great-grandson of William the Conqueror, was the...
in 1166. Like the other two assizes, it was abolished in 1833.
Further reading
- Sutherland, Donald W. The Assize of Novel Disseisin. Oxford University PresS. 21 June 1973. ISBN 0198224109.
- Frederick, Sir Pollock and Frederic William Maitland. The History of English Law Before the Time of Edward I]. 2nd edition. 30 Sept 1996. ISBN 1886363226.