Simple English definitions for legal terms
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Term: ELEGIT
Definition: ELEGIT was a legal document used in the past to help people collect money they were owed. If someone owed you money and you won a court case against them, you could use ELEGIT to take their things and sell them to get your money back. If they didn't have enough things to sell, you could take half of their land until they paid you back. This was called an "estate by elegit." ELEGIT is not used anymore in the United States or England.
Elegit is a Latin term that means "he has chosen." It refers to a historical writ of execution that was used in England. The writ was first given by 13 Edw., ch. 18 and was used either upon a judgment for a debt or damages or upon the forfeiture of a recognizance taken in the king's court.
Under the elegit, the defendant's goods and chattels were appraised and, except for plow beasts, delivered to the plaintiff to satisfy the debt. If the goods were not sufficient to pay the debt, then the moiety of the defendant's freehold lands held at the time of judgment was also delivered to the plaintiff, to hold until the debt was satisfied out of rents and profits or until the defendant's interest expired. During this period, the plaintiff was called tenant by elegit, and the estate an estate by elegit.
The writ was abolished in England in 1956, and it is no longer used anywhere in the United States.
Example 1: John owed $10,000 to Mary. Mary sued John and won the case. The court issued an elegit, which allowed Mary to take possession of John's goods and chattels to satisfy the debt. If the goods were not enough to pay the debt, Mary could take possession of John's freehold lands.
Example 2: In another case, Tom had to pay $5,000 to Jerry. Tom failed to pay the debt, and the court issued an elegit. The elegit allowed Jerry to take possession of Tom's goods and chattels. However, the goods were not enough to pay the debt, so Jerry took possession of Tom's freehold lands.
These examples illustrate how elegit was used to enforce judgments for debts or damages. The writ allowed the plaintiff to take possession of the defendant's goods and chattels or freehold lands to satisfy the debt. The elegit was an important legal tool in England for many years, but it is no longer used today.