estate by elegit – held by a judgment creditor, entitling the creditor to the rents and profits from land owned by the debtor until the debt is paid

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estate by elegit:

1. An estate held by a judgment creditor, entitling the creditor to the rents and profits from land owned by the debtor until the debt is paid.  See ELEGIT. [1]

1. The interest of a creditor in land of which he is in possession by virtue of a writ of elegit. 2 Bl Comm 160. [2]

[Latin “he has chosen”]

1. Hist. A writ of execution (first given by 13 Edw., ch. 18) either on a judgment for a debt or damages or on the forgeiture of a recognizance taken in the king’s court.  *  Under it, the defendant’s goods and chattels were appraised and, except for plow beasts, delivbered to the plaintiff to satisfy the debt.  if the goods were not sufficient to pay the debt, then the portion of the defendant’s freehold lands held at the time of judgment was also delivered to the plaintiff, to hold under the debt was satisfied out of rents and profits or until the defendant’s interest xpied.  During this period the plaintiff was called tenant by elegit, andt he estate an estate by elegit.  The writ was abolished in England in 1956, and is no longer used anywhere in the United States. [1]

1. A writ, provied by the Statute of Westminster 2, ch. 18 Edw. 1, for the enforcement of a judgment, by virtue fo which the sheriff seized and delivered a moiety of a defendant’s lands until the debt was levied out fo the rents and profits. 30 Am J2d Exec § 29.
     See tenant by elegit. [2]


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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