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NIHIL HABET
(bouvier) | NIHIL HABET. The name of a return made by a sheriff, marshal, or other
proper officer, to a scire facia.9 or other writ, when he has not been able
to, serve it on the defendant. 5 Whart. 367.
2. Two returns of nihil are in general equivalent to a service. Yelv.
112; 1 Cowen, 70; 1 Car. Law Regags. 491; 4 Blackf. 188; 2 Binn. 40.
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DOWER UNDE NIHIL HABET
(bouvier) | DOWER UNDE NIHIL HABET. This is a writ of right in its nature. It lies only
against the tenant of the freehold. 12 Mass. 415 2 Saund. 43, note 1; Hen. &
Munf. 368 F. N. B. 148. It is a writ of entry, where the widow is deforced
of the whole of her dower. Archb. Plead. 466, 7. A writ of right of dower
lies for the whole or a part. 1 Rop. on Prop. 430; Steph. on Pl. 10. n;
Booth, R. A. 166; Glanv. lib. 4. c. 4, 5; 9 S. & R. 367. If the heir is
fourteen years of age, the writ goes to him, if not, to his guardian. If the
land be wholly aliened, it goes to the tenant, F. N. B. 7, or pernor of the
profits, who may vouch the heir. If part only be aliened, the writ goes to
the heir or guardian. The tenant cannot impart; 2 Saund. 44, n;. 1 Rop. on
Prop. 430; the remedy being speedy. Fleta, lib. 5. o. 25, Sec. 8, p. 427. He
pleads without defence. Rast. Ent. 232, b. lib. Int. fo. 15; Steph. Pl. 431
Booth, 118; Jackson on Pl. 819.
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UNDE NIHIL HABET
(bouvier) | UNDE NIHIL HABET. Of which she has nothing. When no dower had been assigned
to the widow during the time prescribed by law, she could, at common law,
sue out a writ of dower unde nihil habet. 3 Bl. Com. 183.
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