Online Encyclopedia

ELEGIT (Lat. for " he has chosen ")

Online Encyclopedia
Originally appearing in Volume V09, Page 252 of the 1911 Encyclopedia Britannica.
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ELEGIT (
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Lat. for " he has chosen ")
  , in
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English law, a judicial writ of execution, given by the
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Statute of Westminster II . (1285), and so called from the words of the writ, that the
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plaintiff has chosen (elegit) this mode of satisfaction . Previously to the Statute of Westminster II., a
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judgment creditor could only have the profits of lands of a debtor in satisfaction of his judgment, but not the possession of the lands themselves . But this statute provided that henceforth it should be in the election of the party having recovered judgment to have a writ of fieri facias (q.v.) unto the
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sheriff on lands and goods or else all the chattels of the debtor and the one
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half of his lands until the judgment be satisfied . Since the Bankruptcy Act 1883 the writ of elegit has extended to lands and hereditaments only .

End of Article: ELEGIT (Lat. for " he has chosen ")
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