Legal Definition and Related Resources of Sequestration

The writ of sequestration was an extraordinary remedy available to the court of chancery to enforce a judgment . A person who did not comply with a judgment of the Court of Chancery was held to be in contempt of that court and his personal property as well as the rents and profits of his real estate were taken by an officer of the court known as the sequestrator, as a means of coercing or compelling his obedience to the order of the court by keeping him out of the possession of his property. since it is an extraordinary and a drastic remedy, it is only to be employed as a last resort and after ordinary procedure for the recovery of the judgment debt is unavailing. Parker v Grammer, 62 N. C. 28; Van Gilder v Van Gilder, 119 W. Va. 211, 193 S.E. 342. Sequestration proceedings are in rem when directed against specific property, real or personal, as distinguished from a general levy on the debtors property under an execution in an action in personam. See Stewart v Stewart, 1 IlI.App.2d 283, 117 N.E.2d 579.

In Chancery Practice, A remedy by writ for the taking of property, and the rents and profits thereof, either to enforce a decree, 19 Ency, of PI, & Pr, 640, or to preserve the subject matter of the suit. See 3 Bl. Comm, 444, The writ issued sometimes to the sheriff, but usually to four or more commissioners. While the remedy is now practically superseded by executions against real estate, receivership proceedings and kindred remedies, it has not been abolished or prohibited and may be resorted to whenever it is deemed necessary. 19 Ency. of PI. & Pr. 540. See 6 Fed. 766; 11 Paige (N, Y.) 603. In Contracts. A species of deposits which two or more persons, engaged in litigation about anything, make of the thing in contest with an indifferent person, who binds himself to restore it, when the issue is decided, to the party to whom it is adjudged to belong. Code La. art. 2942; Story, Bailm. § 45. See 19 Viner, Abr. 325; 1 Vern. 58, 420; 2 Ves. Jr. 23. In Louisiana. A mandate of the court, ordering the sheriff, in certain cases, to take into his possession, and to keep, a thing of which another person has the possession, until after the decision of a suit, in order that it be delivered to him who shall be adjudged entitled to have the property or possession of that thing. This is what is properly called a “judicial sequestration.” See 1 Mart. (La.) 79; 1 La. 439; Civ. Code La. arts. 2941, 2948. In this acceptation, the word “sequestration” does not mean a “judicial deposit,” because sequestration may exist together with the right of administration, while mere deposit does not admit it.

noun

• annexation
• appropriation
• attachment
• confiscation
• deprivation
• displacement
• distraint
• distress
• divestment
• execution
• garnishment
• impoundage
• impoundment
• impressment
• levy
• seizure
• takeover

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Sequestration in Historical Law

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Judicial Lien, Sequester.

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This definition of Sequestration is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Sequestration

Sequestration