Bankruptcy. A debtor’s leasing ploy to try to keep property outside the bankruptcy estate, whereby a lease either presents the lessee-debtor with a bargain purchase option or transfers title to the lessee-debtor at the end of the lease term. • When such a lease is discovered, the property is treated as part of the bankruptcy […]
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virtute cujus (v[schwa]r-t[y]oo-tee k[y]oo-j[schwa]s), adv. [Latin] Hist. By virtue whereof. • This phrase began the clause in a pleading that attempted to justify an entry onto land by alleging that it was by virtue of an order from one entitled that the entry took place.
interplead, vb. 1. (Of a claimant) to assert one’s own claim regarding property or an issue already before the court. 2. (Of a stakeholder) to institute an interpleader action, usu. by depositing disputed property into the court’s registry to abide the court’s decision about who is entitled to the property. Cf. IMPLEAD. [Cases: Interpleader 1.
eviction. The act or process of legally dispossessing a person of land or rental property. See FORCIBLE ENTRY AND DETAINER. Cf. EJECTMENT. [Cases: Forcible Entry and Detainer 6; Landlord and Tenant 287.] actual eviction. A physical expulsion of a person from land or rental property. [Cases: Landlord and Tenant 171(1). C.J.S. Landlord and Tenant §
conquest. 1. Int’l law. An act of force by which, during a war, a belligerent occupies territory within an enemy country with the intention of extending its sovereignty over that territory. • That intention is usu. explained in a proclamation or some other legal act. 2. Hist. The acquisition of land by any method other
per 〈拉〉 (1)(英格兰古法)权利继受地位 指作为受让人或继承人从最后一个土地保有人那里取得土地、并在其下主张权利的法律地位。处于权利继受地位〔in the per〕者的权利来源于向其转让或遗留财产者。该词与post相对。后者指主张最高与优先权利〔paramount and prior title〕的法律地位，如恢复占有土地者〔recoverer〕、复归土地的领主〔lord by escheat〕等即处于权利居先地位〔in the post〕；或者说是一种权利的最终归属，如理论上一切地产均源自英王，则国王、领主对某些土地主张权利时依据的便是这种最终的权利或最后的权利。 (2)通过；经；由 该词可用来表示代理关系，如签名中「甲per乙」，则甲承担责任，乙为代理。在进占令状〔writ of entry〕程序中，用「per」表示其占有并非自身不法侵占行为，而是经由前手转让或遗赠承继而来。
discontinuance (dis-k[schwa]n-tin-yoo-[schwa]nts), n. 1. The termination of a lawsuit by the plaintiff; a voluntary dismissal or nonsuit. See DISMISSAL; NONSUIT(1); judgment of discontinuance under JUDGMENT. [Cases: Federal Civil Procedure 1691; Pretrial Procedure 501. C.J.S. Dismissal and Nonsuit §§ 2–7, 9–10, 12, 14–16, 24.] 2. The termination of an estate-tail by a tenant in tail who
de warrantia chartae (dee w[schwa]-ran-shee-[schwa] kahr-tee), n. [Law Latin “of a warranty of charter”] Hist. A writ allowing a tenant enfeoffed with a warranty, who was impleaded in an assize or other action in which the tenant could not call upon the warranty, to compel the feoffor to assist the tenant with a plea or
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mort d’ancestor (mor[t] dan-ses-t[schwa]r). [Law French “death of an ancestor”] Hist. An assize founded on the death of an ancestor. — Also termed (in Scots law) brieve of mortancestry. “Another of the petty assizes was that of mort d’ancestor, founded on the Assize of Northhampton 1176. The question in this assize was whether the plaintiff’s
clare constat (klair-ee kon-stat). [Law Latin] Scots law. It clearly appears. • The phrase appeared in reference to a precept, later a writ, for the grant of seisin to a vassal’s heir, so called because the opening lines in the declaration stated that it clearly appeared that the grantee was the proper heir. “A Precept