assize of nuisance

assize of nuisance
A common-law writ for nuisance with the two-fold purpose of abatement and the recovery of damages. At common law this writ did not lie against the alienee of a wrongdoer, for the purchaser was to take the land in the same condition it was conveyed to him, but it lay against the wrongdoer himself, who levied or did the nuisance. This was changed by the statute of Westminster 2, 13 Edw. 1, c. 24, which gave a remedy against either vendor or vendee. 39 Am J1st Nuis § 117, note.

Ballentine's law dictionary. . 1998.

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