Found 629 results · Showing 181–210
persons or things mentioned; every one of two or more persons or things, composing the whole, separately considered. The effect of this word, used in the covenants of a bond, is to create a several obligation. Seiler vy. State, 160 Ind. 605, 67 N. B....
used only at times, and not continuously. Eaton v. Railroad Co., 51 N. H. 504, 12 Am. Rep. 147.—Quasi easement. An “easement,” in the proper sense of the word, can ont exist in respect of two adjoining pieces of land occupied by different perso...
Eisdem modis dissolvitur obligatio qu mascitur ex contractu, vel quasi, quibus contrahitur. An obligation which arises from contract, or quasi contract, is dissolved in the same ways in which it is contracted.
the lessee or tenant under a contract of emphyteusis.
TION. A form of action used in Louisiana. Its object is to have a contract declared judicially a simulation and a nullity, to remove a cloud from the title, and to bring back, for any legal purpose, the thing sold to the estate of the true owner. Edw...
3 Bl. Comm. 27. Free-fold; a privilege for the lord to have all the sheep of his tenants and the inhabitants within his seigniory, in his fold, in his demesnes, to manure his land. Keilw. 198. -Frank-law. An obsolete expression signifying the rights...
but in common parlance the entry is now merged in the taking possession. See Entry. 410.—Entire tenancy. A sole possess on by one person, called “severalty,” which is contrary to several tenancy, where a joint or common ssession is in one or ....
342; Daniell, Oh, Pr. 1429.~Execution of deeds. The signing, sealing, and delivery of them by the parties, as their own acts and deeds, in the presence of witnesses.—Execution sale. <A sale by a sheriff or other
1. In its broadest and most general signification, this term denotes the spirit and the habit of fairness, justness, and right dealing which would regulate the inter- course of men with men,—the rule of doing to all others as we desire them to do ...
(Ind.) 99; Cook v. Portland, 20 Or. 580, 27 Pac. 263, 18 L. R. A. 533.—— Municipal Hen. A lien or claim existing in favor of a municipal corporatiqn against a property owner for his proportionate share of a public improvement, made by the municip...
b. 4, tit. 1, § 55. 4, 4, 45. 4, 1, 14. 5, 1, 46. Otherwise called an ‘“‘action of declarator.’”—-Declaratory decree. In practice. A binding declaration of right in equity without consequential relief.—Deolaratory judgment. declarat...
ERTHMIOTUM. In old English law. A meeting of the neighborhood to compromise differences among themselves; a court held on the boundary of two lands.
Lat. (This indeed is exceedingly hard, but so the law is written; such is the written or posi-
tate having a qualification annexed .to it, by which it may, upon the happening of a particular event, be created, or enlarged, or destroyed. 4 Kent, Comm. 121. when parties, by deed or solemn act in pais, agree on a state of facts, and act on it, n...
court of record, which precludes the party frotn afterwards contesting the same fact in the same suit. Steph. Pl. 1 p_Patopnel by verdict. This term is sometimes applied to the estoppel arising from a former adjudication of the same fact or issue bet...
by its owner to run, and especially when the owner is known to the party who takes it up. The fact of its being breachy or vicious does not make it an estray. Walters v. Glatz, 29
proof, or probative matter, legally presented at the trial of an issue, by the act of the parties
From or out of lease or ‘letting. A term of the civil law, applied to actions or rights of action arising out of the contract of locatum, (gq. v.) Inst. 4, 6, 28. ‘Adopted at an early period in the law of England. Bract. fol. 102; 1 Reeve, Eng. L...
From or out of a contract. In both the civil and the common law, rights and causes of action are divided into tWo classes,—those arising er contractu, (from a contract,) and those arising ez delicto, (from a delict or tort.) See 3 Bl. Comm. 117; Ma...
2 Steph. Comm. 118. A parol agreement, without a valid consideration, cannot be made the foundation of an action. <A leading maxim both ‘of the civil and common law.
From quasi contract. Fieta, lib. 2, c. 60. :
ternal power of another; so named from the dactes of the senate which forbade the recovery of such-loans. -Mackeld. Rom. Law, 3 482.— Exceptio senatusconsulti Velleiani. A defense to an action on a contract of suretyship, on the ground that the sur...
difference in the rights and obligations of parties that goods and merchandise are transferred and paid for by other goods and merchandise instead of by money, which is but the representative of value or property. Com. v. Clark, 14’ Gray (Mass.) 30...
proper steps at the proper time, not in consequence of the party's own carelessness, inattention, or willful disregard of the process of the court, but in consequence of some unexpected or unavoidable hindrance or accident, or reliance on the care an...
Lat. Let him be re lieved or discharged. An entry made on a bail-piece, whereby the surety is relieved. or discharged from further obligation, when the condition is fulfilled by the surrender of the principal or otherwise.
those who are successively liable for the same debt. “A surety who discharges an obligation is entitled to look: to the principal for reimbursement, and to invoke the atd of a court of equity for this purpose, and a subsequent surety who, by the te...
EXPOSE, v. To show publicly; to display; to offer to the public view; as, to “expose” goods to sale, to “expose” a tariff or schedule of rates, to “expose” the person.
(Lat. I do that you may give.) A species of contract in the civil law (being one of the innominate contracts) which occurs when a man agrees to perform anything for a price either specifically mentioned or left to the determination of the law to set ...
(Lat. I do that you may do.) <A species of contract in the ‘Civil law (being one of the innominate contracts) which. occurs when I agree with a man to do his work for him if he will do mine for me; or if two persons agree to marry together, or to d...
FACTA. In old English law. Deeds. Facta armorum, deeds or feats of arms; that is, Jousts or tournaments. Cowell.