Legal Term Dictionary

A person to whom an assignment is made. Allen v. Pancoast, 20 N. J. Law, 74; Ely v. Com'rs, 49 Mich. 17. 12 N. W. 893, 13 N. W. 784. The term is commonly used in reference to personal property; but it is not incorrect, in some cases, to apply More...

A person to whom an assignment is made. Allen v. Pancoast, 20 N. J. Law, 74; Ely v. Com'rs, 49 Mich. 17. 12 N. W. 893, 13 N. W. 784. The term is commonly used in reference to personal property; but it is not incorrect, in some cases, to apply it to realty, e. g., "assignee of the reversion." Assignee in fact is one to whom an assignment has been made in fact by the party having the right. Starkweather v. Insurance Co., 22 Fed. Cas. 1091; Tucker v. West, 31 Ark. 043. Assignee in law is one in whom the law vests the right; as an executor or administrator. Idem. The word has a special and distinctive use as employed to designate one to whom, under an insolvent or bankrupt law, the whole estate of a debtor is transferred to be administered for the benefit of creditors. In old law. A person deputed or appointed by another to do any act, or perform any business. Blount. An assignee, however, was distinguished from a deputy, being said to occupy a thing in his own right, while a deputy acted in right of another. Cowell. Less...

In contracts. 1. The act by which one person transfers to another, or causes to vest in that other, the whole of tbe right, interest, or property which he has in any realty or personalty, in possession or in action, or any share, interest, or subsidiary estate therein. Seventh Nat. More...

In contracts. 1. The act by which one person transfers to another, or causes to vest in that other, the whole of tbe right, interest, or property which he has in any realty or personalty, in possession or in action, or any share, interest, or subsidiary estate therein. Seventh Nat. Bank v. Iron Co. (C. C.) 35 Fed. 440; Haug v. Riley, 101 Ga. 372, 29 S. E. 44. 40 L. R. A. 244. More particularly, a tcritten transfer of property, as distinguished from a transfer by mere delivery. 2. In a narrower sense, the transfer or making over of the estate, right, or title which one has in lands and tenements; and, In an especially technical sense, the transfer of the unexpired residue of a term or estate for life or years. Assignment does not include testamentary transfers. The idea of an assignment is essentially that of a transfer by one existing party to another existing frarty of some species of property or valuable interest, except in the case of an executor. Hight v. Sackett, 34 N. Y. 447. 3. A transfer or making over by a debtor of all his property and effects to one or more assignees in trust for the benefit of his creditors. 2 Story, Eq. Jur. ft 1036. 4. The instrument or writing by which such a transfer of property is made. 5. A transfer of a bill, note, or check, not negotiable. 6. In bankruptcy proceedings, the word designates the setting over or transfer of the bankrupt's estate to the assignee. —Assignment for benefit of creditors. An assignment whereby a debtor, generally an insolvent, transfers to another his property, in trust to pay his debts or apply the property upon their payment. Van Patten v. Burr, 52 Iowa, 518, 3 N. W. 524.—Assignment of dower. Ascertaining a widow's right of dower by laying out or marking off one-third of her deceased husband's lands, and setting off the same for her use during life. Bettis v. Mc-Nider. 137 Ala. 588. 34 South. 813. 97 Am. St. Hep. 59.—Assignment of error. See ERROR.—Assignment with preferences. An assignment for the benefit of creditors, with directions to the assignee to prefer a specified creditor or class of creditors, by paying their claims in full before the others receive any dividend, or in some other manner. More usually termed a "preferential assignment."—Foreign assignment. An assignment made in a foreign country, or in another state'. 2 Kent, Comm. 405, et seq.—General assignment. An assignment made for the benefit of all the assignor's creditors, instead of a few only; or one which transfers the whole of his estate to the assignee, instead of a part only. Royer Wheel Co. v. Fielding, 101 N. Y. 504. 5 N. E. 431; Halsev v. Council, 111 Ala. 221. 20 South. 445; Mussey v. Noyes, 26 Vt. 471.—Voluntary assignment. An assignment for the benefit of his creditors made by a debtor voluntarily; as distinguished from a compulsory assignment which takes place by operation of law in proceedings in bankruptcy or insolvency. Presumably it means an assignment of a debtor's property in trust to pay his debts generally, in distinction from a transfer of property to a particular creditor in payment of his demand, or to a conveyance by way of collateral security or mortgage. Dias v. Bouchaud, 10 Paige. (N. Y.) 445. Less...

One who makes an assignment of any kind; one who assigns or transfers property.

One who makes an assignment of any kind; one who assigns or transfers property. Less...

Assignees; those to whom property shall have been transferred. Now seldom used except in the phrase, in deeds, "heirs, administrators, and assigns." Grant v. Carpenter, 8 R. I. 36; Baily v. De Crespigny, 10 Best & S. 12.

Assignees; those to whom property shall have been transferred. Now seldom used except in the phrase, in deeds, "heirs, administrators, and assigns." Grant v. Carpenter, 8 R. I. 36; Baily v. De Crespigny, 10 Best & S. 12. Less...

In old English and Scotch law. An assise; a kind of jury or inquest; a writ; a sitting of a court; an ordinance or statute; a fixed or specific time, number, quantity, quality, price, or weight; a tribute, fine, or tax; a real action; the name of a writ. See More...

In old English and Scotch law. An assise; a kind of jury or inquest; a writ; a sitting of a court; an ordinance or statute; a fixed or specific time, number, quantity, quality, price, or weight; a tribute, fine, or tax; a real action; the name of a writ. See Assise. —Assise armorum. Assise of arms. A statute or ordinance requiring the keeping of arms for the common defense. Hale, Com. Law, c. 11.—Assise continuanda. An ancient writ addressed to the justices of assise for the continuation of a cause, when certain facts put in issue could not have been proved in time by the party alleging them. Reg. Orig. 217.—Assisa de Clarendon. The assise of Clarendon. A statute or ordinance passed in the tenth j'ear of Henry II., by which those that were accused of any heinous crime, and not able to purge themselves, but must abjure the realm, had liberty of forty days to stay and try what succor they could get of their friends towards their sustenance in exile. Bract, fol. 136; Co. Litt. 159o; Cowell.—Assisa de foresta. Assise of the forest; a statute concerning orders to be observed in the royal forests.—Assisa de mensuris. Assise of measures. A common rule for weights and measures, established throughout England by Richard I., in the eighth year of his reign. Hale. Com. Law, c. 7.—Assisa de nocnmento. An assise of nuisance; a writ to abate or redress a nuisance.—Assisa de utrum. An obsolete writ, which lay for the parson of a church whose predecessor had alienated the land and rents of it.—Assisa friscse forties. Assise of fresh force, which see.—Assisa mortis d'anoestoris. Assise of mort dancestor, which see.—Assisa norse dlssey-sinse. Assise of novel disseisin, which see. —Assisa panis et cerevisise. Assise of bread and ale, or beer. The name of a statute passed in the fifty-first year of Henry III., containing regulations for the sale of bread and ale; sometimes called the "statute of bread and ale." Co. Litt. 1596; 2 Reeve, Hist Eng. Law, 56; Cowell; Bract, fol. 155.—Assisa proroganda. An obsolete writ, which was directed to the judges assigned to take assises, to stay proceedings, by reason of a party to them being employed in the king's business. Reg. Orig. 208. —Assisa ultima praesentationis. Assise of darrein presentment, (q. v.)—Assisa venalium. The assise of salable commodities, or of things exposed for sale. Less...

To fail in the assise ; i. e., to be nonsuited. Cowell; 3 Bl. Comm. 402. —Assisa cadit in juratum. The assise falls (turns) into a jury; hence to submit a controversy to trial by jury.

To fail in the assise ; i. e., to be nonsuited. Cowell; 3 Bl. Comm. 402. —Assisa cadit in juratum. The assise falls (turns) into a jury; hence to submit a controversy to trial by jury. Less...

1. An ancient species of court, consisting of a certain number of men, usually twelve, who were summoned together to try a disputed cause, performing the functions of a jury, except that they gave a verdict from their own investigation and knowledge and not upon evidence adduced. From the fact More...

1. An ancient species of court, consisting of a certain number of men, usually twelve, who were summoned together to try a disputed cause, performing the functions of a jury, except that they gave a verdict from their own investigation and knowledge and not upon evidence adduced. From the fact that they sat together, (assidco,) they were called the "assise." See Bract. 4, 1, 6; Co. Litt. 1536, 159b. A court composed of an assembly of knights and other substantial men, with the baron or justice, in a certain place, at an appointed time. Grand Cou. cc. 24, 25. 2. The verdict or judgment of the jurors or recognitors of assise. 3 Bl. Comm. 57, 59. 3. In modern English law, the name "assises" or "assizes" is given to the court, time, or place where the judges of assise and nisi prius, who are sent by special commission from the crown on circuits through the kingdom, proceed to take indictments, and to try such disputed causes issuing out of the courts at Westminster as are then ready for trial, with the assistance of a jury from the particular county; the regular sessions of the judges at nisi prius. 4. Anything reduced to a certainty in respect to time, number, quantity, quality, weight, measure, etc. Spelman. 5. An ordinance, statute, or regulation. Spelman gives this meaning of the word the first place among his definitions, observing that statutes were iu England called "assises" down to the reign of Henry III. 6. A species of writ, or real action, said to have been invented by Glanville, chief justice to Henry II., and having for its object to determine the right of possession of lands, and to recover the possession. 3 Bl. Comm. 134, 185. 7. The whole proceedings in court upon a writ of assise. Co. Litt. 159b. The verdict or finding of the jury upon such a writ 3 Bl. Comm. 57. —Assise of Clarendon. See ASSISA.-—Assise of darrein presentment. A writ of assise which formerly lay when a man or his ancestors under whom he claimed presented a clerk to a benefice* who was instituted, and afterwards, upon the next avoidance, a stranger presented a clerk and thereby disturbed the real patron. 3 Bl. Comm. 245; St 13 Edw. I. (Westm. 2) c. 5. It has given way to the remedy by quare tmpedtt—Assise of fresh force. In old English practice. A writ which lay by the usage and custom of a city or borough, where a man was disseised of his lands and tenements in such city or borough. It was called "fresh force," because it was to be sued within forty days after the party's title accrued to him. Fitzh. Nat. Brev. 7 C—Assise of mort d'anoestor. A real action which lay to recover land of which a person had been deprived on the death of his ancestor by the abatement or intrusion of a stranger. 3 Bl. Comm. 185: Co. Litt 159a. It was abolished by St. 3 & 4 WE IV. d 27.—Assise of novel disseisin. A writ of assise which lay for the recovery of lands or tenements, where the claimant had been lately disseised.-Assise of nuisance. A writ of assise which lay where a nuisance had been committed to the complainant's freehold; either for abatement of the nuisance or for damages.—Assise of the forest. A statute touching orders to be observed in the king's forests. Manwood, 35.—Assise rents. The certain established rents of the freeholders and ancient copyholders of a manor; so called because they are assised, or made precise and certain.— Grand assise. A peculiar species of trial by jury, introduced in the time of Henry II., giving the tenant or defendant in a writ of right the alternative of a trial by battel, or by his peers. Abolished by 3 & 4 Wm. IV. c. 42, § 13. See 3 Bl. Comm. 341. Less...

An assessor; juror; an officer who has the care and oversight of weights and measures.

An assessor; juror; an officer who has the care and oversight of weights and measures. Less...

In Scotch law. Jurors; the persons who formed that kind of court which in Scotland was called an "assise," for the purpose of inquiring into and judging divers civil causes, such as perambulations, cognitions, molestations, purprestures, and other matters; like jurors in England. Holthouse.

In Scotch law. Jurors; the persons who formed that kind of court which in Scotland was called an "assise," for the purpose of inquiring into and judging divers civil causes, such as perambulations, cognitions, molestations, purprestures, and other matters; like jurors in England. Holthouse. Less...

To help; aid; succor; lend countenance or encouragement to; participate in as an auxiliary. People v. Hayne, 83 Cal. Ill, 23 Pac. 1, 7 L. R. A. 348, 17 Am. St. Rep. 211; Moss v. Peoples, 51 N. C. 142; Comitez v. Parkerson (C. C.) 50 Fed. 170. Court of More...

To help; aid; succor; lend countenance or encouragement to; participate in as an auxiliary. People v. Hayne, 83 Cal. Ill, 23 Pac. 1, 7 L. R. A. 348, 17 Am. St. Rep. 211; Moss v. Peoples, 51 N. C. 142; Comitez v. Parkerson (C. C.) 50 Fed. 170. Court of Assistance, Court of Assistants. See COURT. Writ of assistance. See WRIT. Less...