execute, vb. 1. To perform or complete (a contract or duty) (once the contract was fully executed, the parties owed no further contractual duties to each other). [Cases: Contracts 6. C.J.S. Contracts § 8.] 2. To change (as a legal interest) from one form to another (the shifting use was executed into a valid legal […]
starr (stahr), n. [fr. Latin starrum fr. Hebrew sh’tar “a writing”] Hist. A Jewish contract (esp. for release of an obligation) that Richard I declared to be invalid unless it was placed in a lawful repository, the largest being in the king’s Exchequer at Westminster. Pl. starra, starrs. “It is well known that, before the
A court having jurisdiction over land-related matters including: (1) exclusive original jurisdiction of applications for registration of land titles and related questions, writs of entry and petitions to clear title to real estate, petitions to determine the validity and extent of municipal zoning ordinances, bylaws, and regulations, and proceedings for foreclosure and redemption from tax
solemnity (s[schwa]-lem-n[schwa]-tee). 1. A formality (such as a ceremony) required by law to validate an agreement or action (solemnity of marriage). 2. The state of seriousness or solemn respectfulness or observance (solemnity of contract).
A mortgage clause that protects the mortgagee’s interest even if the insured mortgagor does something to invalidate the policy. • In effect, this clause creates a separate contract between the insurer and the mortgagee. — Also termed union mortgage clause.
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Mary Carter agreement. A contract (usu. a secret one) by which one or more, but not all, codefendants settle with the plaintiff and obtain a release, along with a provision granting them a portion of any recovery from the nonparticipating codefendants. • In a Mary Carter agreement, the participating codefendants agree to remain parties to
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descriptio personae (di-skrip-shee-oh p[schwa]r-soh-nee). [Law Latin] Description of the person. • This phrase, typically used to identify or describe a person in a contract or deed, is not essential to a document’s validity. Cf. DESIGNATIO PERSONAE.
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nullity (n[schwa]l-[schwa]-tee). 1. Something that is legally void (the forged commercial transfer is a nullity). [Cases: Contracts 98, 135. C.J.S. Contracts §§ 137, 139–140, 145, 153–155, 157, 171, 173–174, 185, 188, 280.] 2. The fact of being legally void (she filed a petition for nullity of marriage). absolute nullity. Civil law. 1. An act that
laesio enormis (lee-shee-oh i-nor-mis). [Law Latin “excessive loss” or “abnormal loss of more than half”] Roman & civil law. 1. The sale of a thing for which the buyer paid less than half its real value. • The seller could rescind the sale, but the buyer could keep the item purchased by paying the full
contubernium (kon-t[y]uu-b[schwa]r-nee-[schwa]m). [Latin] Roman law. A marriage-like union between slaves. • Contubernium was recognized in the United States. Before slavery was abolished, only one Southern court gave a marriage between slaves legal effect upon manumission. See Girod v. Lewis, 6 Mart. (O.S.) 559, 559–60 (La. 1819). In 1825, the Louisiana legislature passed a law expressly