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Conveyances at common law
Conveyances at common lawSome of these may be called original or primary, those by means whereof the benefit or estate is created or first arises.; others, derivative or secondary, those whereby the benefit or estate originally created is enlarged, restrained, transferred, or estinguished. Original are: feoffment, gift, grant, lease, exchange, partition. Derivative are: release, confirmation, surrender, assignment, defeasance- each of which pre-supposes some other conveyance precedent. 2 Bl. Com. 309, 324. At common law, words of conveyance were give, grant, bargain and sell, alien, enfeoff, release, confirm, quitclaim. RELATED TERMS-------------------------------------- Original Contracts, practice, evidence. An authentic instrument of something, and which is to serve as a model or example to be copied or imitated. It also means first, or not deriving any authority from any other source as, original jurisdiction, original writ, original bill, and the like . Primary That which is first or principal; as primary evidence, or that evidence which is to be admitted in the first instance, as distinguished from secondary evidence, which is allowed only when primary evidence cannot be had. Benefit This word is used in the same sense as gain and profits. Estate A right or interest in property or the property of a deceased person. Derivative Coming from another; taken from something preceding, secondary; as derivative title, which is that acquired from another person. Secondary 1) Construction. That which comes after the first, which is primary: as, the primary law of, nations the secondary law of nations. 2) English law. An officer who is second or next to the chief officer; as secondaries to the prothonotaries of the courts of king's bench, or common pleas; secondary of the remembrancer in the exchequer. Are A French measure of surface. This is a square, the sides of which are of the length of ten metres. The are is equal to 1076.441 square feet. Feoffment 1) The gift of a feud; infeudation. 2) The gift of any corporeal hereditament by delivery of possession upon or within view of the land. Gift 1) Conveyancing. A voluntary conveyance; that is, a conveyance not founded on the consideration of money or blood. The word denotes rather the motive of the conveyance; so that a feoffment or grant may be called a gift when gratuitous. A gift is of the same nature as a settlement; neither denotes a form of assurance, but the nature of the transaction. 2) Contracts. The act by which the owner of a thing, voluntarily transfers the title and possession of the same, from himself to another person who accepts it, without any consideration. It differs from a grant, sale, or barter in this, that in each of these cases there must be a consideration, and a gift, as the definitionstates, must be without consideration. Grant Conveyancing, concessio. Technically speaking, grants are applicable to the conveyance of incorporeal rights, though in the largest sense, the term comprehends everything that is granted or passed from one to another, and is applied to every species of property. Grant is one of the usual words in a feoffment, and differs but little except in the subject-matter; for the operative words used in grants are dedi et concessi, "have given and granted." Lease A special kind of contract between a property owner and a person wanting temporary enjoyment and use of the property, in exchange for rent paid to the property owner. Where the property is land, a building, or parts of either, the property owner is called a landlord and the person that contracts to receive the temporary enjoyment and use is called a tenant. Partition Conveyancing. A deed of partition is, one by which lands held in joint tenancy, coparcenary, or in common, are divided into distinct portions, and allotted to the several parties, who take them in severalty. Release 1) Estates. The "conveyance of a man's interest or right, which he hath unto a thing, to another that hath the possession thereof, or some estate therein." 2) Contracts. A release is the giving or discharging of a right of action which a man has or may claim against another, or that which is his. 3) Releases are of two kinds: 1) Such as give up, discharge, or abandon a right of action. 2) Such as convey a man's interest or right to another, who has possession of it, or some estate in the same. Surrender Estates, conveyancing. A yielding up of an estate for life or years to him who has an immediate estate in reversion or remainder, by which the lesser estate is merged in the greater by mutual agreement, Assignment The release by an afdc recipient of all rights to support arrearages owed the recipient and of the right to receive current child support as the result of the receipt of afdc. Defeasance Contracts, conveyancing. An instrument which defeats the force or operation of some other deed or estate. Each Every one of the two or more composing the whole. Conveyance A written document which transfers property from one person to another. In real-estate law, the conveyance usually refers to the actual document which transfers ownership, between persons living (i.e. other than by will), or which charges the land with another's interest, such as a mortgage. Precedent A case which establishes legal principles to a certain set of facts, coming to a certain conclusion, and which is to be followed from that point on when similar or identical facts are before a court. Precedent form the basis of the theory of stare decisis which prevent "reinventing the wheel" and allows citizens to have a reasonable expectation of the legal solutions which apply in a given situation. Common marriage law. a marriage in which no formal ceremony took place and no license exists. Law A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system. Were The name of a fine among the Saxons imposed upon a murderer Alien Any person not a citizen or national of the United States. Enfeoff To give a feud. SIMILAR TERMS-------------------------------------- Convene Civil law. This is a technical term, signifying to bring an action. Conventio Canon law. The act of convening or calling together the parties, by summoning the defendant. Conventio vincit legem Agreement takes the place of the law: the express understanding of parties supersedes such understanding of parties supersedes such understanding as the law would imply. Parties are permitted to make law for themselves where their agreements do not violate the express provisions of any municipal law nor injuriously affect the interests of the public. 22 N.Y. 219. Convention 1) Contracts, civil law. A general term which comprehends all kinds of contracts, treaties, pacts, or agreements. It is defined to be the consent of two or more persons to form with each other an engagement, or to dissolve or change one which they had previously formed. 2) , legislation. This term is applied to a selecting of the delegates elected by the people for other purposes than usual legislation. It is mostly used to denote all assembly to make or amend the constitution of, a state, but it sometimes indicates an assembly of the delegates of the people to nominate officers to be supported at an election. Conventional heir Civil law. A conventional heir is one who takes a succession by virtue of a contract; for example, a marriage contract, which entitles the heir to the succession. Conversant One who is in the habit of being in a particular place, is said to be conversant there. Conversion The uulawful turning or applying the personal goods of another to the use of the taker, or of some other person than the, owner; or the unlawful destroying or altering their nature. Convey To transfer property to someone by selling it or by other means. Conveyance A written document which transfers property from one person to another. In real-estate law, the conveyance usually refers to the actual document which transfers ownership, between persons living (i.e. other than by will), or which charges the land with another's interest, such as a mortgage. Conveyancer One who makes it his business to draw deeds of conveyance of lands for others Convicium Civil law. The name of a species of slander, or, in the meaning of the civil law, injury, uttered in pubic, and which charged some one with some act contra bonos mores. Convict One who has been condemned by a competent court. This term is wore commonly applied to one who has been convicted of a crime or misdemeanor. Convict (prison) In the US penitentiary slang, a prisoner with traditional values. One who has pride and respect, who maintains integrity, who is not an informant, whose word is good. A convict is different from an inmate. Convict boss In the US penitentiary slang, a prisoner given authority in a prison system. Conviction The formal decision of a criminal trial which finds the accused guilty. It is the finding of a judge or jury, on behalf of the state, that a person has, beyond reasonable doubt, committed the crime for which he, or she, has been accused. It is the ultimate goal of the prosecution and the result resisted by the defense. Once convicted, an accused may then be sentenced. Convocation Ecclesiastical law. This word literally signifies called together. The assembly of the representatives of the clergy. Convoy Maritime law. A naval force under the command of an officer appointed by government, for the protection of merchant ships and others, during the whole voyage, or such part of it as is known to require such protection. PREVIOUS AND NEXT TERMS-------------------------------------- Conversant One who is in the habit of being in a particular place, is said to be conversant there. Conversion The uulawful turning or applying the personal goods of another to the use of the taker, or of some other person than the, owner; or the unlawful destroying or altering their nature. Convey To transfer property to someone by selling it or by other means. Conveyance A written document which transfers property from one person to another. In real-estate law, the conveyance usually refers to the actual document which transfers ownership, between persons living (i.e. other than by will), or which charges the land with another's interest, such as a mortgage. Conveyancer One who makes it his business to draw deeds of conveyance of lands for others Conveyances at common law Convicium Civil law. The name of a species of slander, or, in the meaning of the civil law, injury, uttered in pubic, and which charged some one with some act contra bonos mores. Convict One who has been condemned by a competent court. This term is wore commonly applied to one who has been convicted of a crime or misdemeanor. Conviction The formal decision of a criminal trial which finds the accused guilty. It is the finding of a judge or jury, on behalf of the state, that a person has, beyond reasonable doubt, committed the crime for which he, or she, has been accused. It is the ultimate goal of the prosecution and the result resisted by the defense. Once convicted, an accused may then be sentenced. Convocation Ecclesiastical law. This word literally signifies called together. The assembly of the representatives of the clergy. Convoy Maritime law. A naval force under the command of an officer appointed by government, for the protection of merchant ships and others, during the whole voyage, or such part of it as is known to require such protection. We thank you for using the Juridical Dictionary to search for Conveyances at common law. 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