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Simple English definitions for legal terms
writ of withernam
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A quick definition of writ of withernam:
A writ of withernam is a legal term that refers to a reciprocal taking or distress in place of a previous one. This means that if someone takes something from you, you can take something of equal value from them in return. It is similar to a capias in withernam, which is a legal order to arrest someone who has taken something from you and not returned it.
A more thorough explanation:
Definition: A writ of withernam is a legal term that refers to a reciprocal taking or distress in place of a previous one. It comes from the Old English words "weder" meaning "other" and "naam" meaning "a taking".
Example: If someone takes your property as a distress for a debt owed, you can use a writ of withernam to take their property of equal value in return. This is a way to balance the scales and ensure that both parties are treated fairly.
The use of a writ of withernam was common in medieval England, where it was used to settle disputes between landlords and tenants. If a tenant failed to pay rent, the landlord could take their property as a distress. However, if the tenant could prove that the landlord owed them money, they could use a writ of withernam to take the landlord's property instead.