dum non fuit compos mentis (d[schwa]m non fyoo-it kom-p[schwa]s men-tis), n. [Law Latin “while he was of unsound mind”] Hist. A writ allowing heirs to recover an estate transferred by someone of unsound mind.
dum non fuit compos mentis Read More »
vassallo et quibus dederit (vas-[schwa]-loh et kwib-[schwa]s dee-d[schwa]r-it). [Law Latin] Hist. To the vassal and to whomsoever he shall have given it. • The phrase was included in feudal grants. “If the original grant had been destined to the vassal, ‘and his heirs and assignees whomsoever,’ this only bound the superior to receive the proper
vassallo et quibus dederit Read More »
A fee that has some qualification connected to it and that terminates whenever the qualification terminates. • An example of the words creating a base fee are “to A and his heirs, tenants of the manor of Tinsleydale,” which would terminate when A or his heirs are no longer tenants of the manor of Tinsleydale.
Dean of Guild Court. Scots law. The court presided over by the Dean of Guild. • In modern times the court dealt with municipal affairs, esp. building regulations. All such courts were abolished in 1975.
dean of guild court Read More »
prior-claim rule. The principle that before suing for a tax refund or abatement, a taxpayer must first assert the claim to the Internal Revenue Service. [Cases: Internal Revenue 5003.]
A system in which the voting occurs in two rounds, with the first round determining the candidate’s eligibility for the second round. • The second round may be a runoff between the top two candidates from the first round, an election by plurality among candidates who won their political parties’ nominations in the first round,
innocent passage. Int’l law. The right of a foreign ship to pass through a country’s territorial waters; the right of a foreign vessel to travel through a country’s maritime belt without paying a toll. • The right of innocent passage is guaranteed in Article 17 of the United Nations Convention on the Law of the
parol demurrer 口头法律抗辩；当事人欠缺行为能力的抗辩 旧时普通法上，在未成年继承人〔infant heirs〕长辈的债权人对该未成年继承人提起的债务诉讼中，任一方当事人都有权请求中止诉讼，留待该继承人成年之后再作处理。这里demurrer的意思是停止或暂停，而parol则指诉状或诉答〔pleadings〕，因其最初是以口头形式进行的，所以以此称之。
Civil law. A will that disposes of property to the testator’s family; a will that reserves the legitime for the testator’s children and other natural heirs. — Also termed officious will. See LEGITIME.
officious testament Read More »
Language in a conveying instrument — often nonliteral language — describing the extent or quality of an estate. • For example, under long-standing principles of property law, the phrase “to A and her heirs” creates a fee simple in A but gives nothing to A’s heirs. See LIMITATION(4). [Cases: Deeds 120–136; Wills 591, 597(4).C.J.S. Deeds
words of limitation Read More »