Legal Definitions - liberari facias

The liberari facias was a historical legal order, issued by a court, compelling a sheriff to take possession of a debtor's real estate – specifically property that could not be readily sold – and transfer its ownership directly to the creditor. The purpose was to satisfy a debt that the debtor owed to the creditor, by giving the creditor the property itself rather than the proceeds from its sale.

Here are some examples to illustrate this concept:

• Imagine a medieval lord who owed a substantial sum to a merchant. After a court judgment confirmed the debt, the lord's only significant asset was a large, remote tract of forest land that, due to its location and lack of immediate demand, was considered unsalable in the market at that time. Instead of trying to force a sale, a court might issue a liberari facias. The sheriff would then formally transfer ownership of this forest land directly to the merchant, thereby satisfying the debt by giving the creditor the property itself.

• Consider a situation in early colonial America where a settler owed money to a local landowner. The settler defaulted on the debt, and the court ruled in favor of the landowner. The settler's primary asset was a small, undeveloped parcel of marshland that had no immediate buyers and was difficult to convert into cash. Through a liberari facias, the sheriff would be ordered to seize this marshland and deliver its title directly to the landowner, settling the debt by transferring the property rather than its monetary equivalent.

• Picture a scenario in 18th-century England where a gentleman farmer was indebted to a local bank. When he failed to repay the loan, the bank obtained a judgment against him. The farmer owned an old, dilapidated manor house that had fallen into disrepair and was not attractive to potential buyers, making it effectively unsalable for a quick recovery of funds. A liberari facias would direct the sheriff to transfer the ownership of this manor house directly to the bank, allowing the bank to take possession of the property in satisfaction of the outstanding debt.