Legal Definitions - executione facienda in withernamium

EXECUTIONE FACIENDA IN WITHERNAMIUM

Executione facienda in withernamium is a Latin term used in history to refer to a writ that allowed the seizure of cattle belonging to a person who had taken someone else's cattle out of the county. This writ was used when the sheriff was unable to replevy the cattle.

For example, if John took Peter's cattle out of the county and the sheriff was unable to recover them, Peter could use the executione facienda in withernamium writ to seize John's cattle as compensation.

Another example is if a person took cattle out of the county to avoid paying a debt, the creditor could use this writ to recover the debt by seizing the cattle.

These examples illustrate how the executione facienda in withernamium writ was used to recover property that had been taken out of the county and could not be replevied by the sheriff.