Monstrans De Droit

Legal Definition and Related Resources of Monstrans de droit

Meaning of Monstrans de droit

(Fr. showing of right). A common-law process by which restitution of personal or real property is obtained from the crown by a subject. Chit. Prerog. Cr. 345; 3 Bl. Comm. 256. By this process, when the facts of the title of the crown are already on record, the facts on which the plaintiff relies, not inconsistent with such record, are shown, and judgment of the court prayed thereon. The judgment, if against the crown, is that of ouster le main, which vests possession in the subject without execution. Bac. Abr. “Prerogative” (E) ; 1 And. 181; 5 Leigh (Va.) 512; 12 Grat. (Va.) 564.

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This definition of Monstrans De Droit is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Concept of “Monstrans de Droit”

Traditional meaning of monstrans de droit in the French law history (with some legal use in England and the United States in the XIX Century) [1]: (in French) Showing of right; a common-law method of obtaining restitution of real or personal property, before the Chancery or Exchequer, the record title to which was in the Crown, as after an inquest of office. The plaintiff, if successful, obtained a judgment of amoveas manus or ousterlemain (see this last concept in this legal reference); see 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 256.

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Notes and References

  1. Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Monstrans de Droit”, 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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