Legal Term Dictionary

In English law. The tenth part of the Increase, yearly arising and renewing from the profits of lands, the stock npon lands, and the personal industry of the Inhabitants. 2 Bl. Comm. 24. A species of Incorporeal hereditament, being an ecclesiastical Inheritance collateral to the estate of the land, and More...

In English law. The tenth part of the Increase, yearly arising and renewing from the profits of lands, the stock npon lands, and the personal industry of the Inhabitants. 2 Bl. Comm. 24. A species of Incorporeal hereditament, being an ecclesiastical Inheritance collateral to the estate of the land, and due only to an ecclesiastical person by ecclesiastical law. 1 Crabb, Real Prop. 133. -Great tithes. In English ecclesiastical law. Tithes of corn, pease and beans, hay and wood. 2 Chit. Bl. Comm. 24, note; 3 Steph.-Comm. 127. -Mixed tithes. Those which arise not immediately from the ground, but from those things which are nounshed by the ground, e. g.t colts, chickens, calves, milk, eggs, etc. 3 Burn, Ecc. Law, 380; 2 Bl. Comm. 24.-Minute tithes* Small tithes, such as usually belong to a vicar, as of wool, lambs, pigs, butter,, cheese, herbs, seeds, eggs, honey, wax, etc.- Personal tithes are tithes paid of such profits as come by the labor of a man's person; as by buying and selling, gains of merchandise, and handicrafts, etc Tomlins.-Predial tithes. Such as arise immediately from the. ground: as, grain of all sorts, hay, wood, fruits, and. herbs.-Tithe-free. Exempted from- the payment of tithes.-Tithe rent-charge. A rent-charge established in lieu of tithes, under the tithes commutation act, 1836, (St 6 & 7 Wm. IV. c. 71.) As between landlord and tenant, the tenant .paying the tithe rent-charge is entitled, in the absence of express agreement, to deduct it from his rent, under section 70 of the above act, And a tithe rent-charge unpaid is recoverable' by distress as rent in arrear. Mozley & Whitley. Less...

In Saxon law. This was the name of the head or chief of a decennary. In modern English law, he is the same as an under-constable or peace-officer. In modern law. A constable. "After the introduction of justices of the peace, the offices of constable and tithing-man became so similar More...

In Saxon law. This was the name of the head or chief of a decennary. In modern English law, he is the same as an under-constable or peace-officer. In modern law. A constable. "After the introduction of justices of the peace, the offices of constable and tithing-man became so similar that we now regard them as precisely the same." Willc, Const. Introd. In New England. A parish officer annually elected to preserve good order in the Church during divine service, and to make complaint of any disorderly conduct Webster. Less...

In Roman law. A proper name, frequently used in designating an indefinite or fictitious person, or a person referred to by way of Illustration. "Titius" and "Seius," in this use, correspond to "John Doe" and "Richard Roe," or to "A. B." and "C. D."

In Roman law. A proper name, frequently used in designating an indefinite or fictitious person, or a person referred to by way of Illustration. "Titius" and "Seius," in this use, correspond to "John Doe" and "Richard Roe," or to "A. B." and "C. D." Less...

In Spanish law. Title. White, New Recop. b. 1, tit 5, c 3, | 2.

In Spanish law. Title. White, New Recop. b. 1, tit 5, c 3, | 2. Less...

Persons who in Scotland, after the Reformation, obtained grants from the crown of the monasteries and priories then erected into temporal lordships. Thus the titles formerly held by the religions houses, as well as the property of die lands, were conferred on these grantees, who were also called 'lords of More...

Persons who in Scotland, after the Reformation, obtained grants from the crown of the monasteries and priories then erected into temporal lordships. Thus the titles formerly held by the religions houses, as well as the property of die lands, were conferred on these grantees, who were also called 'lords of erection" and "titulars of the teinds." Bell. Less...

Lat In tbe civil law. Title ; the source or ground of possession; the means whereby possession of a thing is acquired, whether such possession be lawful or not. In old ecclesiastical law. A temple or church; the material edifice. So called because the priest in charge of it derived More...

Lat In tbe civil law. Title ; the source or ground of possession; the means whereby possession of a thing is acquired, whether such possession be lawful or not. In old ecclesiastical law. A temple or church; the material edifice. So called because the priest in charge of it derived therefrom his name and title. Spelman. Titnlns est Jnsta eansa possidendi id qnod nostrum est} dieitnr a tuendo. 8 Coke, 153. A title is the just right of possessing that which is our own; it is so called from "tuendo" defending. Less...

This is a word of exclusion, when used in describing premises; it excludes the terminus mentioned. Montgomery v. Reed, 69 Me. 514.

This is a word of exclusion, when used in describing premises; it excludes the terminus mentioned. Montgomery v. Reed, 69 Me. 514. Less...

The radical meaning of this word appears to be that of a mark, style, or designation; a distinctive appellation; the name by which anything is known. Thus, In the law of persons, a title is an appellation of dignity or distinction, a name denoting the social rank of the person More...

The radical meaning of this word appears to be that of a mark, style, or designation; a distinctive appellation; the name by which anything is known. Thus, In the law of persons, a title is an appellation of dignity or distinction, a name denoting the social rank of the person bearing It h as "duke" or "count" So, In legislation, the title of a statute is the heading or preliminary part furnishing the name by which the act is Individually known. It is usually prefixed to the statute in the form of a brief summary of its contents; as "An act for tbe! prevention of gaming." Again, the title of a patent is the short description of the Invention, which Is copied in the letters patent from the inventor's petition; e. g.3 "a new and Improved, method of drying and, preparing malt" Johns. Pat Man. 90. ' In the law of trade-marks, a title may: become a subject of property; as one who has adopted a particular title for a newspaper, or other business enterprise, may, by long and; prior U8er,?pr by compliance with statutory' provisions as to registration and notice, acquire a right to be protected in the exclusive use of it Abbott The title of a book, or any literary composition, is its name; that is, the heading or caption prefixed to it and disclosing the distinctive appellation by which it is to be known. This usually comprises a brief description of its subject-matter and the name "of its author. "Title" is also used as the name of one of, the subdivisions employed In many literary works, standing intermediate between the divisions denoted by the term "books" or-"parts," and those designated as "chapters'? and "sections," In real property law. Title is the means whereby the owner of lands has the just possession of his property. Co. Litt. 345; 2 Bl. Comm. 195. Title is the means whereby a person's right-to property Is established. Code Ga. 1882. f 2348. Title may be defined generally to be the evidence of right which a person has to the possession of property. The word "title" certainly does not merely signify the right which a person has to the possession of property; because there are many instances in which a person may-have the right to the possession of property, and. at the same time have no'title to the same. In its ordinary legal acceptation, however, it generally seems to imply a right of possession also.. It therefore appears, on the whole, to signify-the outward evidence of the right, rather than, the mere right itself. cumstance of occupying the estate is the weakest species of evidence of the occupier's right to such possession. The word is defined by Sir Bid ward Coke thus: Titulus est juata causa possidendi id quod nostrum est, (1- Inst. 34;) that is to say, the ground, whether purchase, sift or other such ground of acquiring; "titulus being distinguished in this respect from "modus acquirendi" which is the traditio, i. e.t delivery or conveyance of the thing. Brown. Title is when a man hath lawful cause of entry into lands whereof another is seised; and it signifies also the means whereby a man comes to lands or tenements, as by feoffment, last will and testament, etc. The word "title'1 includes a right, but is the more general word. Every right is a title, though every title is not a right for which an action lies. Jacob. See also Donovan v. Pitcher, 53 Ala. 411, 25 Am. Rep. 634; Kamphouse v. Gaffner, 73 111. 458; Pannill v. Coles, 81 Va. 383; Hunt v. Eaton, 55 Mich. 362, 21 N. W. 429; Loventhal Home Ins. Co., 112 Ala. 108, 20 South. 419, 33 L. R. A. 258, 57 Am. St. Rep. 17; Irving v. Brownell. 11 111. 414; Roberts v. Wentworth. 5 Cush. (Mass.) 193; Campfield v. Johnson, 21 N. J. Law, 85; Pratt v. Fountain, 73 Ga. 262. A title is a lawful cause or ground of possessing that which is ours. An interest, though primarily it includes the terms "estate," "right," and "title,*' has latterly come often to mean less, and to be the same as "concern," "share," and the like. Merrill v. Agricultural Ins. Co., 73 N. Y. 456, 29 Am. Rep. 184. The investigation of titles is one of the principal branches of conveyancing, and in that practice the word "title" has acquired the sense of "history," rather than of "right" Thus, we speak of an abstract of title, and of investigating a title, and describe a document as forming part of the title to property. Sweet. In pleading. The right of action which the plaintiff has. The declaration must show the plaintiff's title, and, if such title be not shown in that instrument, the defect cannot be cured by any of the future pleadings. Bac. Abr. "Pleas," etc., B 1. In procedure, every action, petition, or other proceeding has a title, which consists of the name of the court in which it is pending, the names of the parties, etc. Administration actions are further distinguished by the name of the deceased person whose estate is being administered Every pleading, summons, affidavit, etc., commences with the title. In many cases it is sufficient to give what is called the "short title" of an action, namely, the court, the reference to the record, and the surnames of the flrst plaintiff and the first defendant Sweet. -Absolute title. As applied to title to land, an "absolute" title means an exclusive title, or at least a title which excludes all others not compatible with it; an absolute title to land cannot exist at the same time in different persons or in different governments. Johnson v. Mcintosh, 8 Wheat 543, 588, 5 L. Ed. 681.- Abstract of title. See that title.-Adverse title. A title set up in opposition to or defeasance of another title, or one acquired or claimed by adverse possession.-Bond for title. See BOND.-Chain of title. See that title.-Color of title. See that title.-Covenants for title. Covenants usually inserted in a conveyance of land, on the part of the grantor, and binding him for the completeness, security, and continuance of the title transferred to the grantee. They comprise "covenants for seisin, for right to convey, against inctun-branees, for quiet enjoyment, sometimes for further assurance, and almost always of warranty." Rawle, Cov. ? 21.-Doubtful title. See that tide.-Equitable title. An equitable title is a right in the party to whom ft belongs to have the legal title transferred to him; or the beneficial interest of one person whom equity regards as the real owner, although the legal title is vested in another. Thygerson v. Whitbeck. 5 Utah. 406, 16 Pac. 403; Beringer v. Lutz, 188 Pa. 364, 41 AtL 643.-Imperfect title. One which requires a further exercise of the granting power to pass the fee in land, or which does not convey full and absolute dominion. Paschal v. Perez, 7 Tex. 367; Paschal v. Dangerfield, 32, Tex. 300.-Legal title. One cognizable or enforceable in a court of law, or one which is complete and perfec t so far as regards the apparent right of ownership and possession, but which carries no beneficial interest in the property, another person being equitably entitled thereto; in either case, the antithesis of "equitable title."-Lucrative title. In the civil law, title acquired without the giving of anything in exchange for it; the title by which a person acquires anything which comes to him as a clear gain, as, for instance, by gift descent or devise. Opposed to "onerous title," as to which see tn/ro.-Marketable title. See that title.-Onerons title. In the civil law, title to property acquired by the giving of a valuable consideration for it such as the payment of money, the rendition of services, the performance of conditions, tbe assumption of obligations, or the discharge of liens on the property; opposed to "lucrative" title, or one acquired by gift or otherwise without the giving of an equivalent See Scott v. Ward, 13 Cal. 471; Klrcher v. Murray (C. C.) 54 Fed. 624; Yates v. Houston, 3 Tex. 453; Rev. Civ. Code La. 1900, art. 3556, subd. 22.-Paper title. A title to land evidenced by a conveyance or chain of conveyances; the term generally implying that such title, whileit has color or plausibility, is without substantial validity.- Passive title. In Scotch law. A title incurred by an heir in heritage who does not enter as heir in the regular way, and therefore incurs liability for all the debts of the decedent irrespective of the amount of assets. Paterson.- Perfect title. Various meanings have been attached to this term: (1) One which shows the absolute right of possession and of property in a particular person. Henderson v. Beatty, 124 Iowa, 16U 99 N. W. 716: Converse v. Kellogg. "7 Barb. (N. Y.) 590; Wilcox Lumber Co. v. Bullock, 109 Ga. 532, 35 S. E. 52; Donovan v. Pitcher. 53 Ala. 411, 25 Am. Rep. 634. (2) A grant of land which requires no further act from the legal authority to constitute an absolute title to the land taking effect at once. Hancock v. McKinney, 7 Tex. 457. (3) A title which does not disclose a patent defect suggesting the possibility of a lawsuit to defend it; a title such as a well-informed and prudent man paying full value for the property would be willing to take. Birge v. Bock, 44 Mo. App. 77. (4) A title which is good both at law and in equity. Warner v. Middlesex Mut. Assur. Co., 21 Conn. 449. (5) One which is good and valid beyond all reasonable doubt. Sheehy v. Miles. 93 Cal. 288, 28 Pac. 1046; Reynolds v. Borel, 86 Cal. 538, 25 Pac. 67. (6) A marketable or merchantable title. Ross v. Smiley, 18 Colo. App. 204, 70 ?ac. 766; McCleary v. Chlpman, 32 Ind. App. 489. 68 N. E. 320.-Presumptive title. A barely presumptive title, which is of the very lowest order, arises out of the mere occupation or simple possession of property. - (jus possessionis,) without any apparent light, or any pretense of right, to hold and continue such possession.-Reoord title. See RECORD.-gina-olar title. The title by which a party acquires property as a singular successor.-Tax title. See TAX .-Title-deeds. Deeds which constitute or are the evidence of" title to lands.-Title insurance. See INSURANCE.-Title of a cause. The distinctive appellation by which any cause in court, or other Juridical proceeding, is known and discriminated from others.-Title of an act. The heading, or introductory clause, of a statute, wherein is briefly recited its purpose or nature, or tbe subject to which it relates.-Title of clergymen, (to orders.) Some certain place where they may exercise their functions; also an assurance of being preferred to some ecclesiastical benefice. 2 Steph. Comm. 661.-Title of declaration. That preliminary clause of a declaration which states the name of the court and the term to which the process is returnable. -Title of enter. The right to enter upon lands. Cowell.-Title to orders. In English ecclesiastical law, a title to orders is a certificate of preferment or provision required by the thirty-third canon, in order that a person may be admitted into holy orders, unless he be a fellow or chaplain in Oxford or Cambridge, or master of arts of five years' standing in either of the universities, and living there at his sole charges; or unless the bishop himself intends shortly to admit him to some benefice or curacy. 2 Steph. Comm. 661. Less...

The words in a conveyance which show the estate intended to be conveyed. Thus, in a conveyance of land in fee-simple, the grant is to "A. and his heirs, to have and to hold tbe said [land] unto and to the use of the said A., his heirs and assigns More...

The words in a conveyance which show the estate intended to be conveyed. Thus, in a conveyance of land in fee-simple, the grant is to "A. and his heirs, to have and to hold tbe said [land] unto and to the use of the said A., his heirs and assigns forever." Williams, Real Prop. 198. Strictly speaking, however, the words "to have" denote the estate to be taken, while the words "to hold" signify that it is to be held of some superior lord, i e., by way of tenure, (q. v.) The former clause is called the "habendum;" the latter, the "tenendum." Co. Litt 6a. Less...

In feudal law. A towel. There Is a tenure of lands by the service of waiting with a towel at the king's coronation. Cowell.

In feudal law. A towel. There Is a tenure of lands by the service of waiting with a towel at the king's coronation. Cowell. Less...