BREVE TESTATUM

A written memorandum introduced to perpetuate the tenor of the conveyance and investiture of lands. 2 Bl. Comm. 307. In Scotch law. A similar memorandum made out at the time of the transfer, attested by the pares curia; and by the seal of the superior. Bell.

Categories: B

BOND FOR TITLE

An obligation accompanying an executory contract for the sale of land, binding the vendor to make good title upon the performance of the conditions which entitle the vendee to demand a conveyance. White v. Stokes, 07 Ark. 184. 53 S. W. 1060.

Categories: B

BLACK CODE

A name given collectively to the body of laws, statutes, and rules in force in various southern states prior to 1805, which regulated the institution of slavery, and particularly those forbidding their reception at public inns and on public conveyances. Civil Rights Cases, 109 U. S. 3, 3 Sup. Ct. 18, 27 L. Ed. 835.

Categories: B

BEHOOF

Use; benefit; profit; service ; advantage. It occurs in conveyances, e. g., “to his and their use and behoof.” Stiles v. Japhet, 84 Tex. 91, 19 S. W. 450.

Categories: B

BADGE OF FRAUD

A term used relatively to the law of fraudulent conveyances made to hinder and defraud creditors. It is defined as a fact tending to throw suspicion upon a transaction, and calling for an explanation. Bump, Fraud. Conv. 31; Gould v. Sanders, 69 Mich. 5, 37 N. W. 37; Bryant v. Kelton, 1 Tex. 420; Goshorn… Continue Reading BADGE OF FRAUD

Categories: B

BACKSIDE

In English law. A term formerly used in conveyances and also In pleading; it imports a yard at the back part of or behind a house, and belonging thereto.

Categories: B

BACKBOND

In Scotch law. A deed attaching a qualification or condition to the terms of a conveyance or other instrument. This deed is used when particular circumstances render it necessary to express in a separate form the limitations or qualifications of a right. Bell. The instrument is equivalent to a declaration of trust in English conveyancing.

Categories: B

CREDITORS’ BILL

In English practice. A bill In equity, filed by one or more creditors, for an account of the assets of a decedent, and a legal settlement and distribution of his estate among themselves and such other creditors as may come in under the decree. In American practice. A proceeding to enforce the security of a… Continue Reading CREDITORS’ BILL

Categories: C

COVENANTS FOR TITLE

Covenants usually inserted in a conveyance of land, on the part of the grantor, and binding him for the completeness. security, and continuance of the title transferred to the grantee. They comprise “covenants for seisin, for right to convey, against incumbrances, or quiet enjoyment, sometimes for further assurance, and almost always of warranty.” Rawle, Cov.

Categories: C

COVENANT FOR FURTHERASSURANCE

An undertaking, in the form of a covenant, on the part of the vendor of real estate to do such further acts for the purpose of perfecting the purchaserÕs title as the latter may reasonably require. This covenant is deemed of great importance, since it relates both to the title of the vendor and to… Continue Reading COVENANT FOR FURTHERASSURANCE

Categories: C