Legal Term Dictionary

Proof, in civil process, Is a sufficient reason for the truth of a juridical, proposition by which a party seeks either to maintain his own claim or to defeat the claim of another. Whart Ev. $ 1. Proof is the effect of evidence; the establishment of a fact by evidence. More...

Proof, in civil process, Is a sufficient reason for the truth of a juridical, proposition by which a party seeks either to maintain his own claim or to defeat the claim of another. Whart Ev. $ 1. Proof is the effect of evidence; the establishment of a fact by evidence. Code Civ. Proc Cal. | 1824. And see Nevling v. Com., 98 Pa. 828; Tift v. Jones, 77 Ga. 181, 8 S. E. 399; Powell v. State, 101 Ga. 9, 29 S. B. 309, 65 Am. 8t. Rep. 277; Jastrzembski v. Marxhausen, 120 Mich. 677, 79 N. W. 935. Ayliffe defines "judicial proof to be a clear and evident declaration or demonstration of a matter which was before doubtful, conveyed in a judicial manner by fit and proper arguments, and likewise by all other legal methods-First, by fit and proper arguments, such as conjectures, presumptions, indicts, and other adminicular ways and means: secondly, by legal methods, or methods according to law, such as witnesses, public instruments, and' the like. Ayl. Par. 44i For the distinction between "proof," "evidence," "belief," and "testimony," see EVIDENCE. -Burden of proof. See that title.-Fnll proof. See FULL.-Half proof. See HALF. -Preliminary proof. See PRELIMINARY.- Positive proof. Direct or affirmative proof; that which directly establishes the fact in question; as opposed to negative proof, which establishes the fact by showing that its opposite is not or cannot be true. Niles v. Rhodes. 7 Mich. 378; Falkner v. Behr, 75 Ga. 674: Schrack v. McKnight, 84 Pa. 30.-Proof of debt. The formal establishment by a creditor of his debt or claim, in some prescribed manner, (as, by bis affidavit or otherwise.) as a preliminary to its allowance, along with others, against an estate or property to be divided, such as the estate of a bankrupt or insolvent, a deceased person, or a firm or company in liquidation.-Proof of wilL A term having the same meaning as "probate," (q. v.t) and used Interchangeably with it. Less...

Lat. In the civil law. A great-grandfather's brother. Inst 3, 6, 3; Bract, fol. 68b. -Propatruus magnus. In the ciyil law. A great great uncle.

Lat. In the civil law. A great-grandfather's brother. Inst 3, 6, 3; Bract, fol. 68b. -Propatruus magnus. In the ciyil law. A great great uncle. Less...

That which is fit, suitable, adapted, and correct. See Knox v. Lee, 12 Wall. 457, 20 L. Ed. 287; Griswold v. Hepburn, 2 Duv. (Ky.) 20; Westfleld v. Warren, 8 N. J. Law, 251. Peculiar; naturally or essentially belonging to a person or thing; not common; appropriate; one's own. -Proper More...

That which is fit, suitable, adapted, and correct. See Knox v. Lee, 12 Wall. 457, 20 L. Ed. 287; Griswold v. Hepburn, 2 Duv. (Ky.) 20; Westfleld v. Warren, 8 N. J. Law, 251. Peculiar; naturally or essentially belonging to a person or thing; not common; appropriate; one's own. -Proper feuds. In feudal law, the original and genuine feuds held by purely military service.-Proper parties. A proper party, as distinguished from a necessary party, is one who has an interest in the subject-matter of the litigation, which may be conveniently settled therein; one without whom a substantial decree may be made, but not a decree which shall completely settle all the questions which may be involved in the controversy and conclude the rights of all the persons who have any interest in the subject of the litigation. See Kelley v. Boettcher, 85 Fed. 55, 29 C. C. A. 14; Tatum v. Roberts, 59 Minn. 52, 60 N. W. 848. Less...

Rightful dominion over external objects; ownership; the unrestricted and exdusive right to a thing; the right to dispose of the substance of a thing in every legal way, to possess it to use it and to exclude every one else from Interfering with it. Mackeld. Rom. Law, | 265. Property More...

Rightful dominion over external objects; ownership; the unrestricted and exdusive right to a thing; the right to dispose of the substance of a thing in every legal way, to possess it to use it and to exclude every one else from Interfering with it. Mackeld. Rom. Law, | 265. Property is the highest' right a man can have to anything; being used for that right which one has to lands or tenements, goods or chattels, which noway depends on another man's cour¬tesy. Jackson ex dem. Pearson v. Housei, 17 Johns. 281, 283. A right imparting to the owner a power of indefinite user, capable of being transmitted to universal successors by way of descent, and imparting to the owner the power of disposi-tion, from himself and his successors per uni-versitatem, and from all other persons who have a spes succcssianis under any existing conces¬sion or disposition, in favor of such person or series of persons as he may choose, with the like capacities and powers as he had himself, and under such conditions as the municipal or par¬ticular law allows to be annexed to the disposi¬tions of private persons. Aust. Jur. (Campbell's Ed.) | 1103. The right of property is that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe. It consists in the free use, en¬joyment and disposal of all a person's acquisi¬tions, without any control or diminution save only by the laws of the land. 1 Bl. Comm. 138; 2 Bl. Comm. 2, 15. The word is also commonly used to denote any external object over which the right of property is exercised. In this sense it is a very wide term, and includes every class of acquisitions which a man can own or have an interest in. See Scranton v. Wheeler, 179 U. S. 141, 21 Sup. Ct 48, 45 L. Ed. 126; Law¬rence v. Hennessey, 165 Mo. 659, 65 S. W. 717; Boston & L. R. Corp. v. Salem & L. R. Co., 2 Gray (Mass.), 35; National Tel. News Co. v. Western Union Tel. Co., 119 Fed. 294, 56 C. C. A. 198, 60 L. R. A. 805; Hamilton v. Rathbone, 175 U. S. 414, 20 Sup. Ct. 155, 44 L. Ed. 219; Stanton v. Lewis, 26 Conn. 449; Wilson v. Ward Lumber Co. (C. C.) 67 Fed. 674. —Absolute property. In respect to chattels personal property is said to be "absolute" where a man has, solely and exclusively, tbe right and also the occupation of any movable chattels, so that they cannot be transferred from him, or cease to be his, without his own act or default. 2 Bl. Comm. 389. In the law of wills, a bequest or devise "to be the absolute property" of the beneficiary, may pass a title in fee simple. My¬ers v. Anderson, 1 Strob. Eq. (S. C.) 344, 47 Am. Dec 537; Fackler v. Berry, 93 Va. 565, 25 S. E 887, 57 Am. St. Rep. 819. Or it may mean that the property is to be held free from any limitation or condition or free from any control or disposition on the part of others. Wilson v. White, 133 Ind. 614, 33 N. E. 361, 19 I* R. A. 581; Williams v. Vancleave, 7 T. B. Mon. (Ky.) 388, 393.—Common prop* erty. A term sometimes applied to lands owned by a municipal corporation and held in trust for the common use of the inhabitants. Comp. Laws N. Miex. 1897, § 2184. Also property owned jointly by husband and wife under the community system. See COMMUNITY.—Com¬munity property. See COMMUNITY.—Gan-anoial property. See that title.—General property. The right and property in a thing enjoyed by the general owner. See OWN¬ER.—Literary property. See LITERARY.— Mixed property. Property which is per¬sonal in Its essential nature, but is invested by the law with certain of the characteristics ana features of real property. Heirlooms, tomb¬stones, monuments in a church, and title-deeds to an estate are of this nature. 2 Bl. Comm. 428 ; 3 Barn. & Adol. 174; 4 Bing. 106: Mil¬ler v. Worrall, 62 N. J. Eq. 776, 48 Atl. 586, 90 Am. St. Rep. 480; Minot v. Thompson, 106 Mass. 585.—Personal property. Property of a personal or movable nature, as opposed to property of a local or immovable character, (such as land or houses,) the latter being called "real property." This term is also applied to the, right or interest less than a freehold which a man has in realty. Boyd v. Selma, 96 Ala. 144, 11 South. 393, 16 L. R. A. 729; Adams v. Hackett, 7 Cal. 203; Stief v. Hart, 1 N. Y. 24; Bellows v. Allen, 22 Vt 108? In re Bruckman's Estate, 195 Pa. 363, 45 Atl. 1078; Atlanta v. Chattanooga Foundry & Pipe Co., (C. C.) 101 Fed. 907. That kind of property which usually consists of things temporary and movable, but includes all subjects of property not of a freehold nature, nor descendible to the heirs at law. 2 Kent, Comm. 340. Personal prop¬erty is divisible into (1) corporeal personal prop¬erty, which includes movable and tangible things, such as animals, ships, furniture, mer¬chandise, etc.; and (2) incorporeal personal property, which consists of such rights as per¬sonal annuities, stocks, shares, patents, and copy-rights. Sweet.—Private property, as pro¬tected from being taken for public uses, is such property as belongs absolutely to an individ-ual, and of which he has the exclusive right of disposition; property of a specific, fixed and tangible nature, capable of being had in pos¬session and transmitted to another, such as houses, lands, and chattels. Homochitto Riv¬er Com'rs v. Withers, 29 Miss. 21. 64 Am. Dec. 126; Scranton v. Wheeler, 179 U. S. 141, 21 Sup. Ct. 48, 45 L. Ed. 126.—Property tax. In English law, this is understood to be an in-come tax payable in respect to landed property. In America, it is a tax imposed on property, whether real or personal, as distinguished from poll taxes, and taxes on successions, transfers, and occupations, and from license taxes. See Garrett v. St. Louis, 25 Mo. 510, 69 Am. Dec. 475; In re Swift's Estate, 137 N. Y. 77, 32 N. E. 1096. 18 L. R. A. 709; Rohr v. Gray, 80 Md. 274, 30 Atl. 632.—Public property. This term is commonly used as a designation of those things which are public* juris, (q. v.,) and therefore considered as being owned by "the public," the entire state or community, and not restricted to the dominion of a private person. It may also apply to any subject of property owned by a state, nation, or municipal corpora¬tion as such.—Qualified property. Property in chattels which is not In its nature perma¬nent but may at some times subsist and not at other times; such for example, as the prop¬erty a man may have in wild animals which he has caught and keeps,' and which are his only so long as he retains possession of them. 2 Bl. Comm. 389.—Real property. A general term for lands, tenements, and hereditaments.;, prop¬erty which, on the death of the owner intestate, passes to his heir. Real property is either cor-poreal or incorporeal See Code N. Y. § 462.— Separate property. The separate property of a married woman is that which she owns in her own right, which is liable only for her own debts, and which she can incumber and dispose of at her own wilL—Special property. Prop¬erty of a qualified, temporary, or limited nature; as distinguished from absolute, general, or un¬conditional property. Such is the property of a bailee in the article bailed, of a sheriff in goods temporarily in his hands under a levy, of the finder of lost goods while looking for the owner, of a person, In wild animals which he has caught. Stief v. Hart, 1 N. Y. 24; Moul-ton v. Witherell, 52 Me. 242; Eisendrath v. Knauer, 64 111. 402; Phelps v. People, 72 N* Y. 357. Less...

Lat The nearest of kin to a deceased person. Propinquior exeludit propinquumj propinquns remotum; et remotns remo-tiorem. Co. Litt. 10. He Who - is nearer excludes him who Is near; he who is near, him who is remote; he who is remote, him who Is remoter.

Lat The nearest of kin to a deceased person. Propinquior exeludit propinquumj propinquns remotum; et remotns remo-tiorem. Co. Litt. 10. He Who - is nearer excludes him who Is near; he who is near, him who is remote; he who is remote, him who Is remoter. Less...

Kindred; parentage.

Kindred; parentage. Less...

Lat. In the civil law. The son or daughter of a great-uncle or great-aunt paternal or maternal. Inst. 3, 6, 3.

Lat. In the civil law. The son or daughter of a great-uncle or great-aunt paternal or maternal. Inst. 3, 6, 3. Less...

In Spanish law. Certain portions of ground laid off and reserved when a town was founded in Spanish America as the unalienable property of the town, for the purpose of erecting public buildings, markets, etc., or to be used in any other way, under the direction of the municipality, for More...

In Spanish law. Certain portions of ground laid off and reserved when a town was founded in Spanish America as the unalienable property of the town, for the purpose of erecting public buildings, markets, etc., or to be used in any other way, under the direction of the municipality, for the advancement of the revenues or the prosperity of the place. 12 Pet 442> note. Thus, there are solares, or house lots of a small size, upon which dwellings, shops, stores, etc., are to be built. There are suer* tes. or sowing grounds of a larger size, for cultivating or planting; as gardens, vineyards, orchards, etc. There are ejidos, which are quite well described by our word "commons," and are lands used in common by the inhabitants of the place for pasture, wood, threshing ground,. etc.; and particular names are assigned to each, according to its particular use. Sometimes additional ejidos were allowed to be taken outside of the town limits. There are also propios or municipal lands, from which revenues are derived to defray the expenses of the municipal administration. Hart v. Burnett, 1$ Cal. 554. Less...

In Scotch law. To state. To propone a defense is to state or move it. 1 Karnes, Eq. pref. In ecclesiastieal and probate law. To bring forward for adjudication; to exhibit aa basis of a claim; to proffer for judicial action.

In Scotch law. To state. To propone a defense is to state or move it. 1 Karnes, Eq. pref. In ecclesiastieal and probate law. To bring forward for adjudication; to exhibit aa basis of a claim; to proffer for judicial action. Less...

The propounder of a thing. Thus, the proponent of a will is the party who offers it for probate, (q. v.)

The propounder of a thing. Thus, the proponent of a will is the party who offers it for probate, (q. v.) Less...