ESTREPEMEN

1 definition found

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [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.