EXECUTION, in Law, the completing or finishing some act, as of judgment, deed, &c. and it usually signifies the obtaining possession of any thing recovered by judgment of law.
Sir Edward Coke observes, that there are two sorts of executions: the one final; and the other a quousque, that tends to an end. An execution final, is that which makes money of the defendant's goods; or extends to his lands and delivers them to the plaintiff, who accepts the same in satisfaction; and this is the end of the suit, and the whole that the king's writ requires to be done. The writ of execution with a quousque, though it tends to an end, yet is not final, as in the case capias ad satisfac. where the defendant's body is to be taken, in order that the plaintiff may be satisfied for his debt. See CAPIAS.
Executions are either in personal, real, or mixed actions. In a personal action, the execution may be made three ways, viz. by the writs of capias ad satisfaciendam, against the body of the defendant; fiery facias, against his goods; or elegit, against his lands. See FIERY FACIAS and ELEGIT.
In a real and mixed action, the execution is by writ of habere facias sasnam, and habere possessionem. Writs of execution bind the property of goods only from the time of delivery of the writ to the sheriff; but the land is bound from the day of the judgment obtained; and here the sale of any goods for valuable consideration, after a judgment, and before the execution awarded, will be good. It is otherwise as to lands, of which execution may be made, even on a purchase after the judgment, though the defendant sell such land before execution. Likewise, sheriffs may deliver in execution all the lands whereof others shall be seized in trust for him against whom execution is had on a judgment, &c.
When any judgment is signed, the execution may be taken out immediately thereon; but if it be not issued within a year and a day after, where there is no fault
Execution fault in the defendant, as in the case of an injunction, writ of error, &c. there must be a scire facias, to revive the judgment; though, if the plaintiff sues out any writ of execution within the year, he may continue it after the year is expired. After judgment against the defendant, in an action wherein special bail is given, the plaintiff is at liberty to have execution against such defendant, or against his bail: but this is understood where the defendant does not render himself, according to law, in safeguard of the bail: and execution may not regularly be sued forth against a bail, till a default is returned against the principal: also if the plaintiff takes the bail, he shall never take the principal. It is held that an execution may be executed after the death of the defendant: for his executor, being privy thereto, is liable, as well as the testator. The executor is an entire thing, so that he who begins must end it; therefore, a new sheriff may disclaim an old one, to sell the goods seized on a distringas, and to bring the money into court.