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Simple English definitions for legal terms
writ of elegit
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A quick definition of writ of elegit:
A writ of elegit was a legal document used in the past to help someone who was owed money. If the person who owed the money didn't have enough things to sell to pay it back, the writ of elegit allowed the person who was owed money to take half of the land that the person who owed money owned. The person who was owed money could keep the land until the debt was paid off. This writ is not used anymore.
A more thorough explanation:
A writ of elegit is a type of legal document that was used in the past to enforce a court judgment for a debt or damages. It was also used when someone failed to fulfill a promise they made in court, called a recognizance.
Under this writ, the defendant's goods and chattels (personal property) were appraised and given to the plaintiff to satisfy the debt. If the goods were not enough to pay the debt, then the plaintiff could take possession of half of the defendant's freehold lands (real property) until the debt was paid off. During this time, the plaintiff was called a tenant by elegit, and the estate was called an estate by elegit.
For example, if someone owed money to another person and failed to pay, the creditor could go to court and get a judgment against the debtor. If the debtor still did not pay, the creditor could use a writ of elegit to take possession of the debtor's property or land to satisfy the debt.
The writ of elegit was abolished in England in 1956 and is no longer used anywhere in the United States.