FACTUM
Lat. In old English law. A deed; a person’s act and deed; anything stated or made certain; a sealed instrument ; a deed of: conveyance.
Category: Contracts
Found 629 results · Showing 211–240
FAGGOT
Facultas probationum mon est angus tanda. The power of proofs [right of offering or giving testimony] is not to be narrowed. 4 Inst. 279.
FAIT
L. Fr. Anything done. A deed; act; fact. A deed lawfully executed. Com. Dig. Feme de fait. A wife de facto.
Falkenhan, 94 Cal
141, 20 Pac. 866; Coddington v. Davis, 1 N. Y. 190.—Waiwer of tort. The election, by an injured party, for purposes of redress, to treat the facts as establishing an implied contract, which he may enforce, instead of an injury by fraud or wrong, fo...
FASTERMANS, or FASTING-MEN
Men in repute and substance; pledges, sureties, or bondsmen, who, according to the Saxon polity, were fast bound to answer for each other's peaceable bebavior.. Enc. Lond.
Fealty signifies
fidelity. the phrase “feal and leal”? meaning simply “faithful and loyal.” Tenants by knights’ service and also tenants in socage were required to take an oath of fealty to the king or others, their immediate lords; and fealty was one of th...
Fearne, Rem
3; Thompson y. Adams, 205 III. 55 ‘ 1; Griswold v. Greer, 18 Ga. 545; Price v. Sisson, 13 N. J. La Oa Yocum vy. Siler, 160 Mo. 281, 61 S. W. ; Shannon v. Bonham, 27 Ind. App. 369. 60 N. EB. 951.— Oross-rem er. Where land is devised or conveyed to...
FEASANCE
‘emotion. An evidence of guilt in certain -cases. See Burrill, Circ. Bv. 476. A making; the making of an indenture, release, or obligation. Litt. § 371; Dyer, (Fr. Ed.) 560. The making of a statute.
FEUDUM
in its completeness, by William I., A. D. 1085.. though it may have existed in a rudimentary form among the Naxons before the Conquest. _ It formed the entire basis of the real-property law of England in medieval times; and survivals of the system, i...
FIRE
Finis est amicabilis compositio et finalis concordia ex concensu et concordia domini regis vel justiciarum. Glan: lib. 8, c. 1. A fine is an amicable settlement and decisive agreement by consent and agreement of our lord, the king, or his justices. ...
Fla
526; Walpole v. Ink, 9 Ohio, 144; People v. Livingston County, 43 Barb. (N. Y.) 234. 1, 14 South. 692. 433, 6 South. 455; Buchner v. Railroad 81.—Elected domicile. The domicile of parties fixed in a contract between them for the pu } of such con...
FORCE
where an assignee is obliged to sue in the name of his assignor, the suit is entitled “A. for use of B. v. C.” For enjoyment or employment without destruction. A loan “for use” is one in which the bailee has the right to use and enjoy the art...
FORESTALLING THE MARKET. The
act of the buying or contracting for any mer-
FORTUIT
writ or warrant, and the amount due thereon, (including his fee for taking the bond, commissions. and other lawful charges, if any,) with condition that the property shall be forthcoming at the day and place of sale; whereupon such property may be pe...
FOSSATORUM OPERATIO
ous forum or court; a place of litigation; the ordinary court of justice, as distinguished from the tribunal of conscience. 3 Bl. Comm. 211. —Forum contractus. The forum of the contract; the court of the place where a contract is made; the place wh...
Foster v. Essex Bank, 17 Mass
498, 9 Am. Dec. :168; Coggs v. Bernard, 2 Ld. Raym. 912,, See DEPosirt. meds ab - One of the four real contracts specified by Justinian, and having the following characteristics: (1) The depositary or depositee is not liable for negligence, however e...
FRAUS
Lat. Fraud. More commonly called, in the civil law, “dolus,” and “dolus malus,” (q. v.) A distinction, however, was sometimes made between “fraus” and “dolwe,”’ the former being held to be of the most extensive import. Calvin. —Fr...
Frazer v
Frazer, 2 Del. Ch. 263. . Other definitions. Insanity is a manifestation of disease of the brain, characterized by a ne hep or partial derangement of one or more aculties of the mind, and in which, while consciousness is not abolished, mental freedom...
FREDNITE
other creditors, shall be deemed fraudulent and void if the debtor become bankrupt within three months. 82 & 33 Vict. c. 71, § 92.—Fraudulent representation. A false statement, made with knowledge of its falsity, with the intention to persuade ano...
Freight Ass'n, 106 U. S. 290, 17 Sup. Ct
540, 41 L. Ed. 1007; Hodge v. Sloan, 107 N. Y. 244, 17 N. B. 385, 1 Am. St. Rep. 816. With reference to contracts between individuals, a restraint of trade is said to be “general” or "special.” A contract which forbids a person tv employ his ta...
FRITH
FRITH. Sax. Peace, security, or protection. This word occurs in many compound terms used in Anglo-Saxon law. - —Frithborg. Frank-pledge. Cowell.—Frithbote. A satisfaction or fine for a breach of the peace.—Frithbreach. The breaking of the peace...
FULL
ent.—E‘nll cavenants. See COVENANT.—Full defense. In pleading. The formula of defense in a plea, stated at length and without abbreviation, thus: “And the said C. D., iN EB. F., his attorney, comes and defends the force (or wrong) and injury ...
FUTURI
Lat. Those who are to be. Part of the commencement of old deeds. “Sciant presentes et futuri, quod ego talis, dedi et concessi,” etc., (et all men now living and to come know that I, A. B., have, etc.) Bract. fol. 340d.
GARAUNTOR
L. Fr. In old English law. A warrantor of land; a vouchee; one bound by a warranty to defend the title and seisin of his alienee, or, on default thereof, and on eviction of the tenant, to give him other lands of equal value. Britt. c. 75.
Gate Lodge, 128 Cal
257, 60 Pac. 865.—Artieles of partnership. A written agreement by which the parties enter into a copartnership Soon the terms and conditions therein stipulat- —Articles of religion. In Pnglish eccle siastica! law. Commonly cailed the “Thirty- N...
GENERALI PasSAGIO
IN SOLIDO. In the civil law. For the whole; as a whole. An obligation in solido is one where each of the several obligors is liable for the whole; that is, it is joint and several. Henderson v. Wadsworth, 115 U.
GENTES
Lat. People. Contra omnes gentes, against all people. Bract. fol. 37b. Words used in the clause of warranty in old deeds.
Geo. II
c. 28, § 1, it is enacted that if any tenant for life or years hold over any lands, etc., after the determination of his estate, after demand made, and notice in writing given, for delivering the possession thereof, by the jandlord, or the person ha...
GESTUM
Lat. In Roman law. A deed or act; a thing done. Some writers affected to make a distinction between “gestum” and “factum.” But the best authorities pronounced this subtile and indefensible. Dig. 50, 16, 58.
Gilbert v. Kolb, 85 Md
627, 37 Atl. 423.—Joint trustees. Two or more persons who are intrusted with property for the benefit of one or more others.—Quasi trastee. A person who reaps a benefit from a breach of trust, and so becomes answerable as a trustee. Lewin, Trusts...