Law Dictionary

cui in vita

The name of a writ of entry for a widow against a person to whom the husband had, in his lifetime, aliened the lands of the wife. F. N. B. 193. This writ was founded sometimes on the stat. 13 Ed. 1. c. 3, and sometimes on the common law. The object of this statute, was to enable the wife to avoid a judgment to recover her land which had been rendered on the default or confession of her husband. It is now of no use in England, because the stat. 32 H. VIII. c. 28, 6, provides that no act of the husband, whether fine, feoffment, or other act of the husband during coverture, shall prejudice the wife. Both these statutes are reported as in force in Pennsylvania. 3 Bin. Appx. See Booth on Real Actions, 186; 6 Rep. 8, 9, Forrers' Case. Still, that part of the stat. 13 Ed. I. c. 8, which relates to the pleadings and evidence iu such cases is important if it can be enforced in the modern action of ejectment, viz: that which requires the tenant of the lands to show his right according to the form of the writ he sued out against the husband. See Report of the Commissioners to revise the Civil Code of Pennsylvania, Jan. 16, 1835, pp. 90, 91.

Source : Bouvier 1856

Language : Latin

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