Legal Definitions - elongavit

elongavit is a historical Latin legal term. It describes a formal report made by a court officer in a specific type of legal proceeding. This report indicated that certain goods or property, which were supposed to be legally seized, attached, or appraised, had been moved, hidden, or otherwise made unavailable by a third party. Because the goods were no longer accessible, the court officer could not perform their duty of valuing or securing them. When an "elongavit" report was made, it typically triggered further legal action, such as an investigation and a jury trial, to determine the value of the missing property so that the legal process could continue.

Here are some examples illustrating the concept of elongavit:

• Debt Collection and Hidden Assets: Imagine a situation where a court has ordered the seizure of a debtor's valuable artwork to satisfy a debt. The artwork is known to be in the possession of a third party, perhaps a storage facility or a friend of the debtor. When a court officer arrives to appraise and seize the artwork, they find that the third party has moved the pieces to an unknown location, making them impossible to find or value. The officer's formal report to the court, stating that the goods have been made unavailable, would historically be referred to as an elongavit. This would then prompt the court to investigate further and determine the value of the hidden artwork.

• Dispute Over Inherited Property: Consider a family dispute over an inheritance, specifically a collection of rare coins. The court has ordered an independent appraisal of the entire estate, including these coins, which are currently held by one of the heirs. When the court-appointed appraiser attempts to access the coins, the heir claims they have been "misplaced" or moved to a "secure, undisclosed location," effectively preventing their valuation. The appraiser's official notification to the court that the coins cannot be found or assessed due to the heir's actions would be an instance where the concept of elongavit would apply, leading to a court-ordered inquiry into the missing assets.

• Business Partnership Dissolution: In the dissolution of a business partnership, a court might order an inventory and appraisal of all shared assets, including specialized manufacturing equipment. One partner is designated to maintain custody of this equipment until the appraisal. However, when the court-appointed official arrives to conduct the appraisal, they discover that this partner has secretly moved the equipment to a different, unlisted warehouse, making it impossible for the official to inspect or value it. The official's formal report to the court, detailing the unavailability of the equipment for appraisal, would embody the principle of elongavit, necessitating further legal steps to ascertain the equipment's value.