Cape

Legal Definition and Related Resources of Cape

Meaning of Cape

In old English practice, now abolished, a writ in real action , touching a plea of lands or tenements.

Cape Alternative Definition

A judicial writ touching a plea of lands and tenements. The writs which bear this name are of two kinds, namely, cape magnum, or grand cape, and cape parvum, or petit cape. The petit cape is so called, not so much on account of the smallness of the writ as of the letter. Fleta, lib. 6, c. 55, § 40. For the difference between the form and the use of these writs, see 2 Wm. Saund. 45c, 46d; Fleta, lib. 6, c. 55, § 40. A neck or narrow point of land extending some distance into a body of water. In certain localities in the northern part of England, the word “cape” means the coping of a wall, and also ears of corn broken off in threshing. The word “cape” is sometimes employed as descriptive of a kind of wine made at the Cape of Good Hope. A garment or part of a garment used for covering the shoulders of the wearer. 175 111. 222.

Related Entries of Cape in the Encyclopedia of Law Project

Browse or run a search for Cape in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Cape in Historical Law

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Legal Abbreviations and Acronyms

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What does Cape mean in American Law?

The definition of Cape in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

An obsolete English judicial writ to recover realty upon the default of a tenant. “Cape magnum” (also “grand cape”) lay before the tenant”s appearance, “cape parvum” (“petit cape”) after. There are a lot of details which, with luck, will never interest anyone again. Also, a blunt peninsula, e.g., the Cape of Good Hope.

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Related topics Cape in the World Encyclopedia of Law

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This definition of Cape Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

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Concept of “Cape”

Traditional meaning of cape in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) (Take.) A writ judicial, issued in real actions for the recovery of land, directing the sheriff to take and hold the land when the tenant or defendant made default. The grand cape, cape magnum, was awarded when the defendant had never appeared to the summons, and required an answer to the default and the demand; the petit cape issued after appearance, and required an answer to the default alone. Cape ad valentiam: a kind of grand cape, awarded a defendant in a real action when the person whom he called to warrant made default and the demandant recovered. It commanded the sheriff to take land of the vouchee to the value of the land recovered.

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Notes and References

  1. Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Cape”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.

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