Commentaries On the Laws of England volume 3

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Commentaries On the Laws of England volume 3
William Blackstone
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55, 3 F. N. B. 183. C Ibid.
writ 222 PRIVATE BOOK III.
writ of right, and therefore fubject to greater delays d . This is a writ commanding the defendant to permit the plaintiff to abate, quod permittat prq/ie mere, the nufance complained of -, and, unlefs he fo permits, to fummon him to appear in court, and fhew caufe why he will not c . And this writ lies as well for the alienee of the party firfl injured, as again/I the alienee of the party firft injuring; as hath been determined by all the
...judges f . And the plaintiff (hall have judgment herein to abate the nufance, and to recover damages againft the defendant.
BOTH thefe actions, of ajfife of nufance ', and of quod permittat profternere, are now out of ufe, and have given way to the action on the cafe j in which, as was before obferved, no judgment can be had to abate the nufance, but only to recover damages. Yet, as therein it is not neceffary that the freehold mould be in the plaintiff and defendant respectively, as it muft be in thefe real actions, but it is maintainable by one that hath poffeflion only, againft another that hath like poffeffion, the procefs is therefore eafier : and the effect will be much the fame, unlefs a man has a very obftinate as well as an ill-natured neighbour j who had rather continue to pay damages, than remove his nufance.


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