Juridical Dictionary

This dictionary contains:
8526
juridical terms

Mixed property






Mixed property

That kind of property which is not altogether real nor personal, but a compound of both. Heir-looms, tomb-stones, monuments in a church, and title deeds to an estate, are of this nature.

RELATED TERMS
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Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.

Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.

Personal
Belonging to the person.

Monuments
1) Permanent landmarks established for the purpose of ascertaining boundaries. 2) Monuments may be either natural or artificial objects, as rivers, known streams, springs, or marked trees.

Church
A temple or building consecrated to the Honor of God and religion; or, an assembly of persons, united by the profession of the same Christian faith, met together for all religious worship. Robertson v. Bullions, 9 Barb. 95 (1850). The civil courts have only to do with the rights of property. When a right of property depends on a civil court question, and that question has been decided by the highest tribunal within the religious organization to which it has been carried, the civil courts accept that decision as final. Relations of Civil Law to Church Policy (1875) Hon. William Strong; Watson v. Jones, 13 Wall. 713, 722-31 (1871).

Title
1) Estates. A title is defined by Lord Coke to be the means whereby the owner of lands hath the just possession of his property. 2) Legislation That part of an act of the legislature by which it is known, and distinguished from other acts the name of the act. 3) Rights. The name of a newwpaper a book, and the like.

Estate
A right or interest in property or the property of a deceased person.



SIMILAR TERMS
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Mixed
To join; to mingle. A compound made of several simples is said to be something mixed.

Mixed actions
practice. An action partaking of a real and personal action by which real property is demanded, and damages for a wrong sustained: an ejectment is of this nature.

Mixed government
A government composed of some of the powers of a monarchical, aristocratical, and democratical government.

Mixed jurisdiction
A country or a political subdivision of a country in which a mixed legal system (infra) prevails.

Mixed legal system
A legal system in which the law in force is derived from more than one legal tradition or legal family. For example, in Scotland, South Africa, Louisiana and Quebec, the basic private law is derived partly from the civil law tradition (supra) and partly from the common law tradition (supra).

Mixed or compound larceny
Criminal law. A larceny which has all the properties of simple larceny, and is accompanied with one or both the aggravations of violence to the person or taking from the house.



PREVIOUS AND NEXT TERMS
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Mixed actions
practice. An action partaking of a real and personal action by which real property is demanded, and damages for a wrong sustained: an ejectment is of this nature.

Mixed government
A government composed of some of the powers of a monarchical, aristocratical, and democratical government.

Mixed jurisdiction
A country or a political subdivision of a country in which a mixed legal system (infra) prevails.

Mixed legal system
A legal system in which the law in force is derived from more than one legal tradition or legal family. For example, in Scotland, South Africa, Louisiana and Quebec, the basic private law is derived partly from the civil law tradition (supra) and partly from the common law tradition (supra).

Mixed or compound larceny
Criminal law. A larceny which has all the properties of simple larceny, and is accompanied with one or both the aggravations of violence to the person or taking from the house.

Mixed property

Mixt contract
Civil law. One in which one of the parties confers a benefit on the other, and requires of the latter something of less value than what he has given; as a legacy charged with something of less value than the legacy itself.

Mixtion
The putting of different goods or chattels together in such a manner that they can no longer be separated; as putting the wines of two different persons into the same barrel, the grain of several persons into the same bag, and the like. 2. The intermixture may be occasioned by the wilful act of the party, or owner of one of the articles; by the wilful act of a stranger; by the neglilence of the owner or a stranger; of by accident.

Mobbing and rioting
Scotch law. The general term mobbing and rioting includes all those convocations of the lieges for violent and unlawful purposes, which are attended with injury to the persons or property of the lieges, or terror and alarm to the neighborhood in which it takes place. The two phrases are usually placed together, but, nevertheless, they have distinct meanings, and are sometimes used separately in legal language; the word mobbing being peculiarly applicable to the unlawful assemblage and violence of a number of persons, and that of rioting to the outrageous behaviour of a single individual.

Modal legacy
A modal legacy is a bequest accompanied with directions as to the mode in which it should be applied for the legatee's benefit; for example, a legacy to Titius to put him an apprentice.

Model
A machine made on a small scale to show the manner in which it is to be worked or employed.

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This dictionary contains 8526 terms.