elegit

/aliyjat/ (Lat. He has chosen.) This was the name, in English practice, of a writ of execution first given by the statute of Westm. 2 (13 Edw. I, c. 18) either upon a judgment for a debt or damages or upon the forfeiture of a recognizance taken in the king's court. It was so called because it was in the choice or election of the plaintiff whether he would sue out this writ or a fi. fa. By it the defendant's goods and chattels were appraised and all of them (except oxen and beasts of the plow) were delivered to the plaintiff, at such reasonable appraisement and price, in part satisfaction of his debt. If the goods were not sufficient, then the moiety of his freehold lands, which he had at the time of the judgment given, were also to be delivered to the plaintiff, to hold till out of the rents and profits thereof the debt be levied, or till the defendant's interest be expired. During this period the plaintiff was called "tenant by elegit," and his estate, an "estate by elegit." Such writ was abolished by Administration of Justice Act of 1956