Simple English definitions for legal terms
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Term: TOLT
Definition: Tolt is an old legal term that refers to a writ used to move a case from a lower court to a higher court. If a dispute over land was not resolved in a court baron, the writ of tolt would be used to move the case to a county court. If a lord failed to provide justice, the case could be moved to the sheriff's court through the process of tolt. This was done by the sheriff ordering his bailiff to attend the lord's court and take away the complaint into the county court.
Tolt (pronounced "tohlt") is a historical legal term that refers to a writ used to move a case from a court baron to a county court. If a dispute over land ownership arose between two parties, and the land was not held directly from the king, but rather from a "mesne lord," the writ of tolt would be issued to the lord. The writ would order the lord to provide justice between the parties, or else the case would be moved from the lord's court to the sheriff's court. If the lord failed to provide justice, the sheriff would use the process of tolt to remove the case from the lord's court and bring it to the county court.
For example, if John and Jane were disputing ownership of a piece of land that was held from a mesne lord, the lord's court would issue a writ of tolt to the lord, ordering him to provide justice between the parties. If the lord failed to do so, the sheriff would use the process of tolt to move the case to the county court.
Another example would be if a tenant was being unfairly evicted from their land by their mesne lord. The tenant could use the writ of tolt to move the case to the county court if the lord refused to provide justice.
These examples illustrate how the writ of tolt was used to ensure that justice was provided in disputes over land ownership, even if the land was not held directly from the king.