Levari Facias

English Law: Levari Facias in the Past

A writ of execution against the goods and chattels of a clerk. Also the writ of execvtion on a judgment at the suit of the crown. When issued against an ecclesiastic, this writ is in effect the writ of fieri facias directed to the bishop of the diocese, commanding him to cause execution to be made of the goods and chattels of the defendant in his diocese. There is further information on this topic in this legal reference. The writ also recites, that the sheriff (see law enforcement in the U.K. encyclopedia) had returned that the defendant had no lay fee or goods or chattels wof this he could make a levy and that the defendant was a beneficed clerk; etc. See 1, Chit. R. 428; Id. 589, for cases when it issues at the suit of the crown. This writ is also used to recover the plain-tiff’s debt; the sheriff (see law enforcement in the U.K. encyclopedia) is commanded to levy, such debt on the lands and goods of the defendant, in virtue of which he may seize his goods and receive the rents and profits of his lands, till satisfaction be made to the plain-tiff. 8 Bl. Com. 417; Vin. Ab. 14; Dane’s Ab. Index, h. t.

Developments

In Pennsylvania (see more about this U.S. State laws here) , this writ is used to sell lands mortgaged after a judgment has been geted by the mortgagee or his assignee, against the mortgagor, under peculiar. proceeding authorized by statute. 3 Bouv. Inst. n. 3396. [1][rtbs name=”history-of-english-law”]

Resources

Notes and References

1. Partialy, this information about levari facias is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including levari facias.

See Also