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Legal Definitions - writ of tolt
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Definition of writ of tolt
A writ of tolt is a historical legal term that refers to a writ used to remove a case from a court baron to a county court. It was also known as a writ for removing a case pending in a court baron to a county court.
For example, if there was a dispute over land ownership that was not a fee held of the king in chief but a fee held of a 'mesne lord,' the writ of tolt was directed to the lord, ordering him to do full right between the parties in the matter of the land in question. If the lord failed to do justice, the case would be removed from his court to the sheriff's court by the process known as 'tolt.'
The sheriff would receive a complaint in his county court of the lord's failure to do justice and order his bailiff to attend the lord's court and take away the plaint into the county court. This process was used to ensure that justice was done and that disputes were resolved fairly.
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Simple Definition
Term: WRIT OF TOLT
Definition: A writ used in the past to move a legal case from a court baron to a county court. If a lord failed to provide justice in a case involving disputed land, the writ was directed to him to do full right between the parties. If the lord failed to do justice, the case would be removed from his court to the sheriff's court through a process called 'tolt'. The sheriff would order his bailiff to attend the lord's court and take away the complaint into the county court.
The difference between ordinary and extraordinary is practice.
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