Levari Facias in United States

Levari Facias Definition

(Lat. that you cause to be levied). In Practice. A writ of execution directing the sheriff to cause to be made of the lands and chattels of the judgment debtor the sum recovered by the judgment. Under this writ, the sheriff was to sell the goods and collect the rents, issues, and profits of the land in question. It has been generally superseded by the remedy by elegit, which was given by St. Westminster II. (18 Edw. I.) c. 18. In case, however, the judgment debtor is a clerk, upon the sheriff’s return that he has no lay fee, a writ in the nature of a levari facias goes to the bishop of the diocese, who thereupon sends a sequestration of the profits of the clerk’s benefice, directed to the church wardens, to collect and pay them to the plaintiff till the full sum be raised. Yet the same course is pursued upon a fi. fa. 2 Bums, Ecc. Law, 329. See 2 Tidd, Prac. 1042; Comyn, Dig. “Execution” (C 4) ; Finch, Law, 471; 3 Bl. Comm. 471. In American Law. A writ used to sell lands mortgaged, after a judgment has been obtained by the mortgagee, or his assignee, against the mortgagor, under a peculiar proceeding authorized by statute. 3 Botrv. Inst, note 8396.

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(Lat. that you cause to be levied). In Practice. A writ of execution directing the sheriff to cause to be made of the lands and chattels of the judgment debtor the sum recovered by the judgment. Under this writ, the sheriff was to sell the goods and collect the rents, issues, and profits of the land in question. It has been generally superseded by the remedy by elegit, which was given by St. Westminster II. (18 Edw. I.) c. 18. In case, however, the judgment debtor is a clerk, upon the sheriff’s return that he has no lay fee, a writ in the nature of a levari facias goes to the bishop of the diocese, who thereupon sends a sequestration of the profits of the clerk’s benefice, directed to the church wardens, to collect and pay them to the plaintiff till the full sum be raised. Yet the same course is pursued upon a fi. fa. 2 Bums, Ecc. Law, 329. See 2 Tidd, Prac. 1042; Comyn, Dig. “Execution” (C 4) ; Finch, Law, 471; 3 Bl. Comm. 471. In American Law. A writ used to sell lands mortgaged, after a judgment has been obtained by the mortgagee, or his assignee, against the mortgagor, under a peculiar proceeding authorized by statute. 3 Botrv. Inst, note 8396.

This definition of Levari Facias is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.