Hist. A passive use resorted to before passage of the Statute of Uses in 1535 to avoid an oppressive feudal law (such as mortmain) by naming one person as the legal owner of property while allowing another to possess the property and enjoy the benefits arising from it.
forfeiture by alienation 〈英〉因未经国王许可向法人团体转让(死手保有〔mortmain〕)土地而导致的土地被王室或领主没收(→mortmain)
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quale jus (kway-lee orkwah-lee j[schwa]s). [Latin “what kind of right”] Hist. A writ ordering an escheator to inquire into the extent of a religious person’s right to a judgment, before its execution, to make sure that the judgment was not collusively made to avoid the mortmain statute.
admortization (ad-mor-t[schwa]-zay-sh[schwa]n). Hist. The reduction of property of lands or tenements to mortmain.
mortification n. (1)极度屈辱 因非法拘禁而要求赔偿之精神损害的构成要件之一。 (2) 〈苏格兰〉笃信保有 与mortmain近义，早期苏格兰法规定土地可以作为对祈祷人或做弥撒人的报答而归其永久持有，此项制度在宗教改革时被废除。有时该词也适用于慈善基金。 (→mortmain; mortmain act)
amortize, vb. 1. To extinguish (a debt) gradually, often by means of a sinking fund. 2. To arrange to extinguish (a debt) by gradual increments. 3. Hist. To alienate or convey lands to a corporation (that is, in mortmain). — Also spelled amortise. See MORTMAIN.
common recovery. Hist. An elaborate proceeding, full of legal fictions, by which a tenant in tail disentailed a fee-tail estate. • The action facilitated land transfer by allowing a potential transferee who was barred by law from receiving land to “recover” the land by suing the actual owner. Common recoveries, which were abolished early in