Legal Definition and Related Resources of Elegit
Meaning of Elegit
(Lat. eKfirere, to choose). A writ of execution directed to the sheriff, commanding him to make delivery of. a moiety of the party’s land and all his goods, beasts of the plough only excepted. The sheriff, on receipt of the writ, holds an inquest to ascertain the value of the lands and goods he has seized, and then they are delivered to the plaintiff, who retains them until the whole debt and damages have been paid and satisfied. During that term he is called “tenant by elegit.” Co. Litt. 289. See Powell, Mortg. Index; Watson, Sheriffs, 206; 1 C. B. (N. S.) 568. The name was given because the plaintiff has his choice to accept either this writ or a fi. fa. By statute, in England, the sheriff is now to deliver the whole estate instead of the half. See 3 Sharswood, Bl. Comm. 418, note. The writ is still in use in the United States to some extent, and with somewhat different modifications in the various states adopting it. 4 Kent, Comm. 431, 436; 10 Grat. (Va.) 580; 1 Hilliard, 4br. 555, 556.
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This definition of Elegit is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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See Also
- Writs Of Execution
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