Levantes Et Cubantes

Same as levant et couchant. Applied by Bracton to villeins, who lived on their lord's estate. Bracton, fol. 6b. LEVARI FACIAS (Lat. that you cause to be levied). In Practice. A writ of execution directing the sheriff to cause to be made of the lands and chattels of the judgment debtor the sum recovered by the judgment. Under this writ, the sheriff was to sell the goods and collect the rents, issues, and profits of the land in question. It has been generally superseded by the remedy by elegit, which was given by St. Westminster II. (18 Edw. I.) c. 18. In case, however, the judgment debtor is a clerk, upon the sheriff's return that he has no lay fee, a writ in the nature of a levari facias goes to the bishop of the diocese, who thereupon sends a sequestration of the profits of the clerk's benefice, directed to the church wardens, to collect and pay them to the plaintiff till the full sum be raised. Yet the same course is pursued upon a fi. fa. 2 Bums, Ecc. Law, 329. See 2 Tidd, Prac. 1042; Comyn, Dig. "Execution" (C 4); Finch, Law, 471; 3 Bl. Comm. 471. In American Law. A writ used to sell lands mortgaged, after a judgment has been obtained by the mortgagee, or his assignee, against the mortgagor, under a peculiar proceeding authorized by statute. 3 Botrv. Inst, note 8396. LEVARI FACIAS DAMNA DE DISSEI8Itoribus. A writ formerly directed to the sheriff for the levying of damages, whitli a disseisor had been condemned to pay to the disseisee. Cffwell. LEVARI FACIAS QUANDti VICECOMES goods of a debtor which he had already taken, and had returned that he could not sell them; and as much more of the debtor's goods as would satisfy the whole debt. Cowell.