Category: Property

Found 1337 results · Showing 1111–1140

SHELLEY’S CASE, RULE IN. “When

the ancestor, by any gift or conveyance, taketh an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee or in tail, the ‘heirs’ are words of lim-- itation of the estate,...

Shepard, 124 N. Y¥

70, 26 N. E. 339; Sabledowsky v. Arbuckle, 50 Minn. 475, 52 N. W. 920; Ford v. Ford, 70 Wis. 19, 33 N. W. 188, 5 Am. St. Rep. 117. A particular estate is a limited estate which is taken out of the fee, ‘and which precedes a remainder; as an estate ...

SHERIFF

SHEADING. A riding, tithing, or division in the Isle of Man, where the whole island is divided into six sheadings, in each of which there is a coroner or chief constable appointed by a delivery of a rod at the Tinewald court or annual convention. Kin...

SITIO GANADO MAYOR. Sp. In

Spanish and Mexican land law, a tract of land in the form of a square, each side of which measures 5,000 varas; the distance from the center of each sitio to each of its gides should be measured directly to the cardinal points of the compass, and sho...

SLAINS

SLANDER. In torts. Oral defamation; the speaking of false and malicious words concerning another, whereby injury results to his reputation. See Pollard v. Lyon, 91

Slander

of title. This is a statement of something tending to cut down the extent of title to some estate vested in the plaintiff. Such statement, in order to be actionable, must be false and malicious; c. e., both untrue and done on purpose to injure the pl...

Smith v. Cockrell, 66 Ala

75.—Equity of partners. A term used to designate the right of each of them to have the firm’s property applied to the payment of the firm’s debts. Colwell v. Bank, 16 R. I. 288, 17 Atl. 913.—Equity of redemption. The right of the mort-

Smith vy. West, 108 I)]

337; Hawley v. James, 5 Paige (N. Y.) 466; Gates v. Seibert, 157 Mo. 24, 57 S. V e 1065, 8O Am, St. Kep. 625.— Vested in possession. A legal term applied to a right of present enjoyment actually existing.—Vested interest. A future interest is ves...

SO N. Y. 211

PERAMBULATION. The act of walking over the boundaries of a district or piece of land, either for the purpose of determining them or of preserving evidence of them. Thus, in many parishes in England, it ts the custom for the parishioners to perambulat...

Soc

v. Brennan (Sup.) 24 N. Y. Supp. 788; Pierce v. Keator, 70 N. Y. 447, 26 Am. Rep. 612. They are also either continuous or diacontinuous. An easement of the former kind is one that is self-perpetuating, independent of human intervention, as, the flow ...

SOIL

SOIL. The surface, or surface-covering of the land, not including minerals beneath it or grass or plants growing upon it. But in a wider (and more usual) sense, the term is equivalent to “land,” and includes all that is below, upon, or above the ...

SOLUM PROVINOIALE

Lat. In Ro man law. The solum italicum (an extension of the old Ager Romanus) admitted full ownership, and of the application to it of uswcapio; whereas the solum provinciale (an extension of the old Ager Publicus) admitted of a& possessory title onl...

SOLVABILITE

soll, The proprietor of the soil becomes also the proprietor of the seed, the plant, and the tree, as soon as these bave taken root Mackeld. Rom. Law, § 275. Fr. In French law. Ability to pay; solvency. Emerig. Traité des Assur. c. 8, § 15.

SOWMING AND ROWMING. In

Scotch law. Terms used to express the form by which the number of cattle brought upon a common by those having a servitude of pasturage may be justly proportioned to the rights of the different persons possessed of the servitude. Bell.

SPARSIM

Lat. Here and there; scattered; at intervals. For instance, trespass to realty by cutting timber eparsém (here and there) through a tract. l

SPECIFICATIO

Lat. In the civil law. Literally, a making of form; a giving of form to materials. That mode of acquiring property through which a person, by transforming a thing belonging to another, especially by working up his materials into a new species, become...

Origin: Civil Law Read full definition →

SPECULUM

Lat. Mirror or lookingglass. The title of several of the most ancient law-books or compilations. One of the ancient Icelandic books is styled “Speculum Regale.”

SPES RECUPERANDI

Lat. The hope of recovery or recapture; the chance of retaking property captured at sea, which pre-. vents the captors from acquiring complete ownership of the property until they have definitely precluded it by effectual measures. 1 Kent, Comm. 101.