S. W. 854; Wills v. Wills, 85 Ky
486, 3 8. W. 900.—Defeasible title: One that is liable to be annulled or made void, but not one that is already void or an absolute nullity.
Category: Contracts
Found 629 results · Showing 511–540
Saal foe 16 Mich
472.—Keeping term. In English law. A duty performed by students of law, consisting in eating a sufficient number of dinners in hall to make the term count for the purpose of being called to the bar. Mozley & Whitley —Keeping the peace. Avoiding a...
SAIGA
tween others ought not.to prejudice nose who were not parties. a 42, 1, 68.
SAIL
SAIL. In insurance law. To put to sea; to begin a voyage. The least locomotion, with readiness of equipment and clearance, satisfies a warranty to sail. Pittegrew Vv.
SALE
erty is to compromise and settle a claim, while the object of a sale is the price given.
Sanford v. Wheelan, 12 Or
301. 7 Pac. 324 -—Covenant for further assurance. An undertaking, in the form of a covenant, on the
SAVING THE STATUTE OF LIMITA
TIONS. A creditor is said to “save the statute of limitations” when he saves or preserves his debt from being barred by the operation of the statute. Thus, in the case of a simple contract debt, if a creditor commence an action for its recovery w...
Schmidt, 154 Ind
196, 56 N. E. 450. As applied to a person, it commonly means that he is grossly negligent or in willful default in regard to his pecuniary obligations, or even that he is dishonest and unworthy of credit. Boyce v. Ewart, Rice (S. C.) 140;
SCIRE FECI
Lat. In practice. The name given to the sheriff’s return to a writ of scire facias that he has caused notice to be given to the party or parties against whom the writ was issued. 2 Archb. Pr. K. B. 98, 99.
SCUTAGE
Scripts obligationes soriptis tolluntur, et nudi consensus obligatio contrario consensu dissolvitur. Written obligations are superseded by writings, and an obligation of naked assent is dissolved by assent to the contrary. made by a tenant by knight...
SED QUARE
debt, by furnishing the creditor with a resource to be used in case of failure In the principal obligation. The name is also sometimes given to one who becomes surety or guarantor for another. See First Nat. Bank v. Hollinsworth, 78 Iowa, 575, 43 N. ...
See Field v. Lamson, etc., Mfg. Co
162 Mass. 388, 38 N. E. 1126, 27 L R. A. 136.—Puablic stocks. The funded or bonded debt of a government or state.—Speoial stock of a corporation, in Massachusetts, is authorized by statute. It is limited in amount to two-fifths of the actual capi...
See Swain v. McMillan, 80 Mont
433, 76 Pac. 43.—Deed of separation. An instrument by which, through the medium of some third person acting as trustee, provision is made by a husband for separation from his wife and for her separate maintenance. Whitney v. Whitney, 15 Misc. Rep. ...
SELF-REGARDING EVIDENCE. Evi
Mience.which either serves: or disserves the ‘party is so called. This species of evidence is either self-serving (which is not in general -réeéivable) or self-disserving, which is invariably receivable, as being an admission ‘against the party...
SENATUS CONSULTUM
enacted In the consulship of Pegasus and Pusio, in the reign of Vespasian, by which an heir, who was requested to restore an inheritance, was allowed to retain one-fourth of it for himself. Inst. 2, 23, 5.—Sematus consultum Trebellianum. A decree o...
SENTENOE
SENILITY. Incapacity to contract arising from the impairment of the intellectual faculties by old age.
SEPULTURA
Lat. An Offering to tlie
SEQUESTER, n
Lat. In the civil law. A person with whom two or more contending parties deposited the subject-matter of the controversy.
SEQUESTRATIO
Lat. In the civil law. The separating or setting aside of a thing in controversy, from the possession of both parties that contend for it. It is two-fold,— voluntary, done by consent of all parties; and necessary, when a judge orders it. Brown.
SERVUS
Lat. In the civil and old English law. <A slave; a bondman. Inst. 1, 8, pr.; Bract. fol. 40.
Shep. Touch
8. More commonly called the “note” of the fine. See FINE; Conocorn. 118. . 811.—Confirmatio diminuens. A diminishing confirmation. A_ confirmation which tends and serves.to diminish and abridge the services whereby a tenant doth hold, operati...
SHIPPING
ied on port-towns and other places for fitting out ships; revived by Charles I., and abolished in the same reign. 17 Car. I. c. 14.—Ship’s bill. The copy of the bill of merne retained by the master is called the “ship’s bill.” It is not aut...
SI ALIQUID SAPIT
Lat. If he knows anything; if he is not altogether devoid of reason. 7
SIMILITER
Lat. In pleading. Likewise; the like. The name of the short formula used either at the end of pleadings or by itself, expressive of the acceptance of an issue of fact tendered by the opposite party; otherwise termed a “joinder in issue.”
SIMPLEX
and under timber, and likewise timber when cut down, under twenty years’ growth; titheable wood. 3 Salk. 347. Lat. Simple; single; pure; unqualified. ate church, ‘or any other ecclesiastical benefice, as distinguished from a cure of souls. It m...
SINE
cess of law, but which in reality is entered by the fraudulent contrivance of the parties, for the purpose of giving to one of them an advantage to which he is not entitled, or of defrauding or delaying third igen sale. One which has all the appearan...
Single bond
ames, 9.— Double comp! t, — double Pay In aye siastical law. A grievance made known by «A
SLIP
1. In negotiations for a policy of insurance. In England, the agreement is in practice concluded between the parties by a memorandum called the “slip,” containing the terms of the proposed insurance, and initialed by the underwriters. Sweet.
Smith Oil Co
v. Slover, 58 Ark. 168. 24 S. W. 106; State v. Prater, 52 W. Va. 132, 43 S. EL 230; Davids v. People, 192 Ill. 176, 61 N. E. §37; Hall v. State. 48 Ga. 607; Railway Co. v. Moore, 24 Tex. Civ. App. 489, 59 8. W. 282. —Res habiles. In the civil law,...
SOCAVAGE, SCHEVAGE, SOHEWAGE
or SHEWAGE. A kind of toll or custom, exacted by mayors, sheriffs, etc, of merchant strangers, for wares showed or offered for sale within their liberties. Prohibited by 19 Hen. VII. c 7% Cowell. ‘