Also known as:dequō · concerning which · about which
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase meaning 'of which' that appeared in traditional writs of entry to identify the specific land or estate from which the plaintiff had been disseised.
Sources & Authorities· 4 primary sources
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Federal Rules
Model Codes
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How it applies
Common Examples
6
Corporate Deadlock Resolution
Adam Abbot and Beatrice Baker disputed title to Blackacre after Abbot was ousted. Abbot filed a writ of entry reciting de quo to identify the precise parcel from which he had been disseised. The court ordered the sheriff to restore possession based on the description in the writ.
Contractual Freedom Claim
Charles Clark sued to recover Greenacre after being disseised by neighbor David Drew. Clark's writ of entry used de quo to specify the exact acreage taken. The court examined the pleadings to confirm the land description matched the claimed estate.
Edward Ellis brought a writ of entry against Frank Foster for Whiteacre. The pleading employed de quo to designate the meadow from which Ellis had been disseised. The court granted judgment upon proof that the described land matched the plaintiff's former holding.
West Virginia State Board of Education v. Barnette319 U.S. 624, 638 (1943)
Agency Rulemaking Challenge
George Grant sued Henry Hall for recovery of Redacre. Grant's writ recited de quo to identify the woodland from which he had been disseised. The court directed the jury to determine whether the boundaries stated in the writ were accurate.
Vermont Yankee Nuclear Power Corp. v. Nat. Res. Def. Council, Inc.467 U.S. 837, 843, 104 S. Ct. 2778, 2781, 81 L. Ed. 2d 694 (1984)
Voting Dilution Suit
Isaac Ingram filed against John Jones for Blueacre. The writ of entry contained de quo to specify the pasture from which Ingram had been disseised. The court restored possession after verifying the land description in the pleading.
Baker v. Carr369 U.S. 186, 211
Religious Instruction Dispute
Kenneth King sued Leonard Lane for Yellowacre. King's writ used de quo to identify the field from which he had been disseised. The court entered judgment for the plaintiff upon proof of the estate described.
Illinois ex rel. McCollum v. Board of Education330 U.S. 1, 12 (1947)
Common questions
Frequently Asked
2
What does the phrase de quo signify in historical writ practice?+
The phrase de quo identified the precise land or interest the plaintiff claimed to have lost in a writ of entry. It directed the court to the specific property described in the pleading.
Supporting sources
Is de quo still used in modern pleadings?+
The phrase has fallen out of use with the abolition of common-law writs. Modern complaints simply describe the property or interest at issue without the Latin formula.
Supporting sources
431 U.S. 494, 503 (1977)Property
…life" in a sense, that desire can hardly be equated with any of the interests protected in the cases just cited. The ordinance about which the appellant complains did not impede her choice to have or not to have children, and it did not dictate to her how her own children were to be nurtured and reared. The ordinance clearly…