prior petens
prior petens (prI-[schwa]r pet-enz). [Latin] The person first applying.
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traditio brevi manu
traditio brevi manu (tr[schwa]-dish-ee-oh bree-vIman-yoo). [Latin] Roman law. The surrender of the mediate possession of a thing to the person who is already in immediate possession of it. • This is a type of constructive delivery in which a delivery to the mediate possessor and redelivery to the immediate possessor are unnecessary. See BREVI MANU.
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partiarius
partiarius (pahr-shee-air-ee-[schwa]s), n. & adj.[Latin] Roman law. 1. A legatee entitled to a portion of an inheritance along with the appointed heirs. 2. A tenant who is bound to hand over a portion of the crop in lieu of rent.
cape
cape (kay-pee). Hist. [Latin “take”] A writ filed to recover possession of land. cape magnum (kay-pee mag-n[schwa]m). [Latin “grand” cape] A writ granting possession of land before a tenant’s appearance in the action. — Also termed magnum cape; grand cape. cape parvum (kay-pee pahr-v[schwa]m). [Latin “little” cape] A writ for the recovery of land issuing
asportation
asportation (as-p[schwa]r-tay-sh[schwa]n), n. The act of carrying away or removing (property or a person). • Asportation is a necessary element of larceny. — Also termed carrying away. See LARCENY. [Cases: Kidnapping 1; Larceny 17; Robbery 10. C.J.S. Kidnapping §§ 1–2; Larceny§ 6; Robbery § 5.] — asport, vb. — asportative, adj. “There is no larceny
warranty of assignment
An assignor’s implied warranty that he or she (1) has the rights assigned, (2) will do nothing to interfere with those rights, and (3) knows of nothing that impairs the value of the assignment. [Cases: Assignments 97. C.J.S. Assignments § 90.]
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concubine
concubine (kong-ky[schwa]-bIn). 1. Archaic. A woman who cohabits with a man to whom she is not married. • A concubine is often considered a wife without title. A concubine’s status arises from the permanent cohabitation of a man and a woman as husband and wife although without the benefit of marriage. Cf. common-law wife under
aboriginal cost
The cost of an asset incurred by the first company to use it for public utilities. [Cases: Public Utilities 124. C.J.S. Public Utilities §§ 23–26, 30–33, 48–49.]
provisione legis
provisione legis (pr[schwa]-vizh-ee-oh-nee lee-jis). [Law Latin] Hist. By provision of law. “Heirs who succeed according to the rules of law regulating succession, without the consent or appointment of their ancestor, are said to succeed provisione legis, and are known as heirs-at-law.” John Trayner, Trayner’s Latin Maxims 494 (4th ed. 1894).
joint estate
Any of the following five types of estates: (1) a joint tenancy, (2) a tenancy in common, (3) an estate in coparcenary (a common-law estate in which coheirs hold as tenants in common), (4) a tenancy by the entirety, or (5) an estate in partnership. [Cases: Husband and Wife 14.2–14.7; Joint Tenancy 1; Tenancy in