ADMORTIZATION 46
ADMORTIZATION. The reduction of property of lands or tenements to mortmain, in the feudal customs.
Category: Property
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ADOPTIVUS
Lat. Adoptive. Applied both to the parent adopting, and the child adopted. Inst. 2, 13, 4; Id. 3, 1, 10-14.
ADVANCEMENT
latter’s benefit, by way of anticipation of the share which the child will inherit in the father’s estate and intended to be deducted therefrom. It is the latter circumstance which differentiates an advancement from a gift or a loan. Grattan v. G...
ADVENTITIOUS
Lat. Fortuitous; incidental; that which comes from an unusual source. Adventitia bona are goods which fall to a man otherwise than by inheritance. Adventitia dos is a dowry or portion given by some friend other than the parent.
ADVERSE
ADVENTITIOUS. That which comes incidentally, fortuitously, or out of the regular course. “Adventitious value” of lands, see Central R. Co. v. State Board of Assessors, 49 N. J. Law, 1, 7 Atl. 306.
ADVERSE PARTY 43
ADVERSE PARTY. An “adverse party” entitled to notice of appeal is every party whose Interest in relation to the judgment or decree appealed from is in confilct with the modification or reversal sought by the appeal; every party interested in sus-...
AGNOMEN
Lat. An additional name or title: a nickname. A name or title which & man gets by some action or peculiarity; the last of the four names sometimes given a Roman. Thus, Scipio Africanus, (the Afriean,) from his African victories, Ainsworth ; Calvin.
AGRI 54
AGRI. Arable lands in common fields.
Agua fontanea. Spring water. Fleta, lib
4, c. 27, § 8—Aqua profiuens. Flowing or running water. ig. 1, 8, 2.—Aqua quotidiana. In Roman law. Daily water; water that might be drawn at all times of the year, (qua quts quotidie possit uti, si vellet.) Dig. 43, 20, 1-4. —Aqua salsa. Salt...
ALBANAGIUM
state of alienage; alien,
Albans Trust Co., 56 Vt
475, 48 Am. Rep. 8038; Toof v. Martin, 18 Wall. 47, 20 L. Bd. 481; Miller v. Southern Land & Lumber Co.:, 53 8S. C. 364, 31 S. E. 281; Leitch v. Hollis. ter, 4 N. Y. 215; Silver Valley Mining Co. v. North Carolina Smelting: Co., 119 N. ©. 417, 25 S....
ALEU
Fr. In French feudal law. An allodial estate, as distinguished from a feudal estate or benefice.
ALIEN
n. A foreigner; one born abroad; a person resident in one country, but owing allegiance to another. In England, one born out of the allegiance of the king. In the United States, one born out of the jurisdiction of the United States, and who has not b...
Alien v. Richardson, 9 Rich
(S. & 53; Kelly v. Milan (C. C.) 21 Fed. ; Schmidt v. nine Co., 28 Or. 9. 40 Pac. 1014, 52 Am.
ALIENATION
ALIENABLE. Proper to be the subject of alienation or transfer.
ALIENEE 58
ALIENEE. One to whom an alienation, conveyance, or transfer of property is made.
ALIENI GENERIS
Lat. Of another kind. 3 P. Wms. 247.
ALIENI JURIS
Lat. Under the control, or subject to the authority, of another person; e. g., an infant who is under the authority of his father or guardian; a wife under the power of her husband. The term is contrasted with Sur Juris, (q. v.)
ALIENUS
Lat. Another's; belonging to another; the property of another. Alienus homo, another’s man, or slave. Inst. 4, 3, pr. Alicna res, another’s property. Bract. fol. 130.
ALIQUID POSSESSIONIS ET NIHIL
JURIS. Somewhat of possession, and nothing of right, (but no right.) A phrase used by Bracton to describe that kind of possession which a person might have of a thing as a guardian, creditor, or the like; and also that kind of possession which was gr...
ALLUVIO MARIS
Lat. In the civil and old English law. The washing up of the sea; formation of soil or land from the sen; maritime increase. Hale, Anal. § 8 “Allucvio maris is an increase of the land adjoining, by the projection of the sea, casting up and adding ...
AMERICAN CLAUSE
AMENITY. In real property law. Such circumstances, in regard to situation, outlook, access to a water-course, or the like, as enhance the pleasantness or desirability of an estate for purposes of residence, or contribute to the pleasure and enjoyment...
AMOVEAS MANUS
Lat. That you remove your hands. After office found, the king was entitled to the things forfeited, either lands or personal property; the remedy for a person aggrieved was by “peti-
An intermediate lord; a-.lord
who. stood between a tenant and the chief lord; a lord who was also a tenant. “Lord, mesne, and tenant; the tenant. holdeth by four pence, and the mesne by twelve pence.” Co. Litt. 23a. : 4 3 —Moesne ee If A. grant a lease of land to B., and B....
ANALOGY
jlarity of proportion. precedent in point, in cases on the same subject, lawyers have recourse to cases on & different subject-matter, but governed: by the Same general principle. This is reasoning by analogy. Wharton.
AND BOUNDS
BUTTS. In old English law. Short pieces of land left unplowed at the ende of
And see Railroad Co
v. Le Rosen, 52 La. Ann. 192, 26 South. 854; Sunol vy. Hepburn, 1 Cal. om possession. Possession of real property is said to be “open” when held without concealment or attempt at secrecy, or with-
ANIMO
Lat. With intention, disposition, design, will. Quo animo, with what intention. Animo cancellandi, with inten-
Ann. Codes & St. Or
1901, § 682) as distinguished from a copy of it or from extraneous evidence its contents or purport.—Parol evidence. Oral or verbal evidence; that which is given by word of mouth; the ordinary kind of evidence, given by witnesses in court. 3 Bl. ...
ANNALES
Lat. Annuals; a title formerly given to the Year Books.