The portion of a purchase price paid in cash (or its equivalent) at the time the sale agreement is executed. Cf. BINDER(2); EARNEST MONEY. [Cases: Vendor and Purchaser 69.1, 334(1). C.J.S. Vendor and Purchaser §§ 135, 137–138, 640, 642–644, 648.]
executory trust 待履行的信托；不完全信托 指信托的完全设立还有待于进一步实施信托文件确定的财产转让行为。如设立的信托旨在管理某项财产，但该项财产却尚未转让给受托人 。(→executed trust)
fine sur cognizance de droit, come ceo que il ad de son done (fIn s[schwa]r kon-[schwa]-z[schwa]nts d[schwa] droyt, kom say-oh kweel ad d[schwa]sawni dawin). [Law French “a fine upon acknowledgment of the right, as that which he has of his gift”] Hist. The most common fine of conveyance, by which the defendant (also called the
finesur cognizance de droit come ceo que il ad de son done Read More »
non est factum (non est fak-t[schwa]m). [Latin “it is not his deed”] Hist. A denial of the execution of an instrument sued on. [Cases: Bills and Notes 475. C.J.S. Bills and Notes; Letters of Credit § 272.] “The general issue in covenant is ‘non est factum,’ which is a formal denial that the deed is
warrant of attorney. 1. POWER OF ATTORNEY(1). 2. Archaic. Written authority given by a client to a lawyer to appear in court and to confess judgment in favor of a specified party. • It usu. instructed the attorney not to bring any action, seek a writ of error, or file a bill in equity that
warrant of attorney Read More »
leading of a use. Hist. In a deed, the specification, before the levy of a fine of land, of the person to whose use the fine will inure. • If the deed is executed after the fine, it “declares” the use. “As if A., tenant in tail, with reversion to himself in fee, would settle
extendi facias (ek-sten-dIfay-shee-[schwa]s). [Latin “you are to cause to be executed”] See EXTENT(3).
Tutorship that is created (1) by the will of the parent who dies last, or (2) by any declaration of the surviving father or mother (or the parent who is the curator of the other spouse), executed before a notary and two witnesses. La. Civ. Code art. 257.