Lat. If it happen. Words of condition in old conveyances. 10 Coke, 42a.
Search Results for: conveyance
SHELLEY’S CASE, RULE IN
“When the ancestor, by any gift or conveyance, tak- eth 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 limitation of the estate, and not words of purchase.” 1 Coke, 104. Intimately… Continue Reading SHELLEY’S CASE, RULE IN
SEISIN
The completion of the feudal investiture, by which the tenant was admitted into the feud, and performed the rights of homage and fealty. Stearns, Beal Act. 2. Possession with an intent on the part of him who holds it to claim a freehold inter- est. Towle v. Ayer, 8 N. H. 58; Ferguson y. Wltsell,… Continue Reading SEISIN
SECONDARY,
n. In English practice. An oflicer of the courts of king’s bench and common pleas; so called because he was second or next to the chief officer. In the king’s bench he was called “Master of the King’s Bench Office,” and was a deputy of the prothonotary or chief clerk. 1 Archb. Pr. K. B.… Continue Reading SECONDARY,
SCRIVENER
A writer; scribe; conveyancer. One whose occupation is to draw contracts, write deeds and mortgages, and prepare other species of written instruments. Also an agent to whom property is intrusted by others for the purpose of lending it out at an interest payable to his principal, and for a commission or bonus for himself, whereby… Continue Reading SCRIVENER
RETRACTUS FEUDALIS
L. Lat. In old Scotch law. The pow er which a superior possessed of paying off a debt due to an adjudging creditor, and taking a conveyance to the adjudication. Bell.
RELEASE
1. Liberation, discharge, or settiug free from restraint or confinement. Thus, a man unlawfully imprisoned may obtain his release ou habeas corpus. Barker v. U. S., 22 Ct. CI. 100. 2. The relinquishment, concession, or giving up of a right, claim, or privilege, by the persou in whom it exists or to whom it accrues,… Continue Reading RELEASE
REDDENDUM
Lat In conveyancing. Rendering; yielding. The technical name of that clause in a conveyance by which the grantor creates or reserves some new tiling to himself, out of what he had before granted ; as “rendering therefor yearly the sum of ten shillings, or a pepper-corn,” etc. That clause in a lease in which a… Continue Reading REDDENDUM
RECTIFICATION
Rectification of instrument. In English law. To rectify is to correct or define something which is erroneous or doubtful. Thus, where the parties to an agreement have determined to embody its terms in the appropriate and conclusive form, but the instrument meant to effect this purpose (e. g., a conveyance, settlement, etc.) is, by mutual… Continue Reading RECTIFICATION
RECORD, n
A written account of some act, transaction, or instrument, drawn up, under authority of law, by a proper officer, and designed to remain as a memorial or permanent evidence of the matters to which It relates. There are three kinds of records, viz.: (1) judicial, as an attainder; (2) ministerial, on oath, being an office… Continue Reading RECORD, n