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ESTREPEMEN
(bouvier) | ESTREPEMENT. The name of a writ which lay at common law to prevent a party
in possession from committing waste on an estate, the title to which is
disputed, after judgment obtained in any real action, and before possession
was delivered by the sheriff.
2. But as waste might be committed in some cases, pending the suit, the
statute of Gloucester gave another writ of estrepement pendente placito,
commanding the sheriff firmly to inhibit the tenant "ne faciat vastum vel
strepementum pendente placito dicto indiscusso." By virtue of either of
these writs, the sheriff may resist those who commit waste or offer to do
so; and he may use sufficient force for the purpose. 3 Bl. Com. 225, 226.
3. This writ is sometimes directed to the sheriff and the party in
possession of the lands, in order to make him amenable to the court as for a
contempt in case of his disobedience to the injunction of the writ. At
common law the process proper to bring the tenant into court is a venire
facias, and thereon an attachment. Upon the defendant's coming in, the
plaintiff declares against him. The defendant usually pleads "that he has
done no waste contrary to the prohibition of the writ." The issue on this
plea is tried by a jury, and in case they find against the defendant, they
assess damages which the plaintiff recovers. But as this verdict convicts
the defendant of a contempt, the court proceed against him for that cause as
in other cases. 2 Co. Inst. 329; Rast. Ent. 317; Brev. Judic. 88; More's
Rep. 100; 1 Bos. & Pull. 121; 2 Lilly's Reg. tit. Estrepement; 5 Rep. 119;
Reg. Brev. 76, 77.
4. In Pennsylvania, by legislative enactment, the remedy by estrepement
is extended for the benefit of any owner of lands leased for years or at
will, at any time during the continuance or after the expiration of such
demise, and due notice given to the tenant to leave the same, agreeably to
law, or for any purchaser at sheriff or coroner's sale of lands. &c., after
he has been declared the highest bidder by the sheriff or coroner; or for
any mortgagee or judgment creditor, after the lands bound by such judgment
or mortgage, shall have been condemned by inquisition, or which may be
subject to be sold by a writ of venditioni exponas or levari facias. Vide 10
Vin. Ab. 497; Woodf. Landl. & Ten, 447; Archb. Civ. Pl. 17; 7 Com. Dig. 659.
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Estrepement
(gcide) | Estrepement \Es*trepe"ment\, n. [OF., damage, waste.] (Law)
A destructive kind of waste, committed by a tenant for life,
in lands, woods, or houses. --Cowell.
[1913 Webster] |
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