Distrain

Defined in 8 dictionaries — Cyclopedic (1922), Ballentine's (1916), Black's (1910), Kinney (1893), Black's (1891), Anderson (1889), Stimson (1881), Burrill (1850)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

To take as a pledge property of another, and keep the same until he performs his obligation, or until the property rent, performance of services, etc. 3 Bl. Comm. 231; Fitzh. Nat. Brev. 32 (B), (C), 223. See "Distress." DISTRESS (Fr. distraindre, to draw away from). The taking of a personal chattel out of the possession of a wrongdoer into the custody of the party injured, to procure satisfaction for the wrong done. 3 Bl. Comm. 6. It is generally resorted to for the purpose of enforcing the payment of rent, taxes, or other duties, as well as to exact compensation for such damages as result from the trespasses of cattle. This remedy is of, great antiquity, and is said by Spelman to have prevailed among the Gothic nations of Europe from the breaking up of the Roman empire. The English statutes since the days of Magna Charta have, from time to time, extended and modified its features to meet the exigencies of the times. It was at one time generally in vogue in the United States, but is now generally abolished, the remedy of attachment taking its place.

Ballentine's Law Dictionary

James A. Ballentine · 1916

To take up or withhold another’s chattels as security for compensation for injury. See 29 Hun (N. Y.), 137.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

To take as a pledge property of another, and keep the same until he performs his obligation or until the property is replevied by the sheriff. It was used to secure an appearance in court, payment of rent, performance of services, etc. 3 Bl. Comm. 231; Fitzh. Nat Brev. 32, B, C. 223. Boyd v. Howden, 3 Daly (N. Y.) 457; Byers v. Ferguson, 41 Or. 77, 68 Pac. 5. Distress is now generally resorted to for the purpose of enforcing the payment of rent, taxes, or other duties.

A Law Dictionary and Glossary

George C. Kinney · 1893

distrein. To take and keep the property of another as a pledge, to compel the performance of some duty, as the payment of rent, the performance of services, etc.

A Dictionary of Law

Henry Campbell Black · 1891

To take as a pledge property of another, and keep the same until he performs his obligation or until the property is replevied by the sheviff. It was used to secure an appearance in court, payment of rent, performance of services, ete. 3 BL. Comm. 231; Fitzh. Nat. Brev. 32, B, C, 228, Distress is now generally resorted to for the purpose of enforcing the payment of rent, taxes, or other duties.

A Dictionary of Law

William C. Anderson · 1889

See Distress.

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Frederic Jesup Stimson · 1881

To take another's property in satisfaction claim; or in pledge, to enforce the performance duty. V. Distress.

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

Distrein. [from L. Fr. distreindre, destreindre; L. Lat. distringere, to bind or coerce.] To take and keep the property of another as a pledge, (ceu pignus et vadem,) in order to compel the performance of some duty; such as the payment of rent, the performance of services, an appearance in court, &c. Spelman. 3 Bl. Com. 231.