Legal Term Dictionary

Lat In the civil law. A renewal of a lease on its determination. It may be either express or tacit; the latter is when the tenant holds over with the knowledge and without objection of the landlord. Mackeld. Rom. Law, f 412.

Lat In the civil law. A renewal of a lease on its determination. It may be either express or tacit; the latter is when the tenant holds over with the knowledge and without objection of the landlord. Mackeld. Rom. Law, f 412. Less...

In Scotch law. A reletting or renewal of a lease; a tacit relocation Is permitting a tenant to hold over without any new agreement. In mining law. A new or fresh location of an abandoned or forfeited mining claim by a stranger, or by the original locator when he wishes More...

In Scotch law. A reletting or renewal of a lease; a tacit relocation Is permitting a tenant to hold over without any new agreement. In mining law. A new or fresh location of an abandoned or forfeited mining claim by a stranger, or by the original locator when he wishes to change the boundaries or to correct mistakes in the original location. Less...

The remnant of an estate in land, depending upon a particular prior estate created at the same time and by the same instrument and limited to arise Immediately on the determination of that estate, and not in abridgment of it 4 Kent, Comm. 197. An estate limited to take effect More...

The remnant of an estate in land, depending upon a particular prior estate created at the same time and by the same instrument and limited to arise Immediately on the determination of that estate, and not in abridgment of it 4 Kent, Comm. 197. An estate limited to take effect and be enjoyed alter another estate is determined. As, if a man seised in fee-simple grants lands to A. for twenty years, and, after the determination of the said term, then to B. and his heirs forever, here A. is tenant for years, remainder to B. in fee. 2 Bl. Comm. 164. An estate in remainder is one limited to be enjoyed after another estate is determined, or at a time specified in the future. An estate in reversion is the residue of an estate, usually the fee left in the grantor and his heirs after the determination of a particular estate which he has granted out of it The rights of the reversioner are the same as those of a vested remainder-man in fee. Code Ga. 1882, f 2263. And see Sayward v. Sayward, 7 Me. 213, 22 Am. Dec. 191; Bennett v. Garlock, 10 Hun (N. Y.) 337; Dana v. Murray, 122 N. Y. 604, 26 N. E. 21; Booth v. Terrell, 16 Ga. 24; Palmer v. Cook, 159 111. 300, 42 N. E. 796, 50 Am. St. Rep. 165; Wells v. Houston, 23 Tex. Civ. App. 629, 57 S. W. 584; Hudson v. Wadsworth, 8 Conn. 359. -Contingent remainder. An estate in remainder which Is limited to take effect either to a dubious and uncertain person, or upon a dubious and uncertain event by which no present or particular interest passes to the remainder-man, so that the particular estate may chance to be determined and the remainder never take effect. 2 Bl. Comm. 169. A remainder limited so as to depend upon an event or condition which may never happen or be performed, or which may not happen or be performed till after the determination of the preceding estate. Fearne. Rem. 3; Thompson v. Adams, 205 111. 552, 69 N. B. 1; Griswold v. Greer, 18 Ga. 545; Price v. Sisson, 13 N. J. Eq. 168; Yocum v. Siler, 160 Mo. 281, 61 S. W. 208; Shannon v. Bonham, 27 Ind. App. 369. 60 N. E. 951.- Crosa-remainder. Where land is devised or conveyed to two or more persons as tenants in common, or where different parts of the same land are given to such persons in severalty, with such limitations that, upon the determination of the particular estate of either, his share is to pass to the other, to the entire exclusion of the ultimate remainder-man or reversioner until all the particular estates shall be exhausted, the remainders so limited are called "cross-remainders." In wills, such remainders may arise by implication; but, in deeds, only by express limitation. See 2 Bl. Comm. 381; 2 Washb. Real Prop. 233; 1 Prest. Est 94.-Executed remainder. A remainder which vests a present interest in the tenant, though the enjoyment is postponed to the future. 2 Bl. Comm. 168: Fearne, Rem. 31; Hudson v. Wadsworth, 8 Conn. 359.-Eaeeutory remainder. A contingent remainder; one which exists where the estate is limited to take effect either to a dubious and uncertain person or upon a dubious and uncertain event Temple v. Scott 143 111. 290, 32 N. E. 366; Hudson v. Wadsworth, 8 Conn. 359.-Vested remainder. An estate by which a present interest passes to the party, though to be enjoyed in futuro, and by which the estate is invariably fixed to remain to a determinate person after the particular estate has been spent. 2 Bl. Comm. 168. A vested remainder is one limited to a certain person at a certain time or upon the happening of a necessary event Code Ga. ? 2265. And see Poor v. Considine, 6 Wall. 474. 18 I*. Ed. 869; Tayloe v. Gould, 10 Barb. (N. Y.) 396: Johnson v. Edmond, 65 Conn. 492, 33 Atl. 503; Marvin v. Led with, 111 111. 150; Wallace v. Minor, 86 Va. 550, 10 S. E. 423; Woodman v. Woodman, 89 Me. 128, 35 Ati. 1037; Brown v. Lawrence, 3 Cush. (Mass.) 397. Remainder to a person not of a capacity to tahe at the time of appointing it, is ?old. Plowd. 27. Less...

One who is entitled to the remainder of the estate after a particular estate carved out of it has expired.

One who is entitled to the remainder of the estate after a particular estate carved out of it has expired. Less...

To remand a prisoner, after a preliminary or partial hearing before a court or magistrate, is to send him back to custody, to be kept until the hearing is resumed or the trial comes on. To remand a case, brought into an appellate court or removed from one court into More...

To remand a prisoner, after a preliminary or partial hearing before a court or magistrate, is to send him back to custody, to be kept until the hearing is resumed or the trial comes on. To remand a case, brought into an appellate court or removed from one court into another, is to send it back to the court from which it came, that further proceedings In the case, if any, may be taken there. Less...

In practice. The return made by the sheriff to a writ of execution when he has not been able to sell the property seized, .that the same remains unsold for want of buyers.

In practice. The return made by the sheriff to a writ of execution when he has not been able to sell the property seized, .that the same remains unsold for want of buyers. Less...

In old English law. A remainder. Spelman. A perpetuity, or perpetual estate. Glan. lib. 7, c 1.

In old English law. A remainder. Spelman. A perpetuity, or perpetual estate. Glan. lib. 7, c 1. Less...

A remnant; that which remains. Thus the causes of which the trial is deferred from one term to another, or from one sitting to another, are termed "remo-nets." 1 Archb. Pr. 375.

A remnant; that which remains. Thus the causes of which the trial is deferred from one term to another, or from one sitting to another, are termed "remo-nets." 1 Archb. Pr. 375. Less...

1. Affording a remedy; giving the means of obtaining redress. "2.Of the nature of a remedy; intended to remedy wrongs or abuses, abate faults, or supply defects." "3. Pertaining to or affecting the remedy, as distinguished from that which affects or modifies the right" -Remedial statnte. A statute providing a More...

1. Affording a remedy; giving the means of obtaining redress. "2.Of the nature of a remedy; intended to remedy wrongs or abuses, abate faults, or supply defects." "3. Pertaining to or affecting the remedy, as distinguished from that which affects or modifies the right" -Remedial statnte. A statute providing a remedy for an injury, as distinguished from a penal statute. A statute giving a party a mode of remedy for a wrong, where he had none, or a different one, before. 1 Chit. Bl. 86, 87, notes. Remedial statutes are those which are made to supply such defects, and abridge such superfluities, in the common law, as arise either from the general imperfection of all human laws, from change of time and circumstances, from the mistakes and unadvised determinations of unlearned (or even learned) judges, or from any other cause whatsoever. 1 Bl. Comm. 86. Remedies for rights are ever favor*-ably extended. 18 Vin. Abr. 521. Less...

Remedy is the means by which the violation of a right is prevented, redressed, or compensated. Remedies are of four kinds: (1) By act of the party injured, the principal of which are defense, recaption, distress, entry, abatement, and seizure; (2) by operation of law, as in the case of More...

Remedy is the means by which the violation of a right is prevented, redressed, or compensated. Remedies are of four kinds: (1) By act of the party injured, the principal of which are defense, recaption, distress, entry, abatement, and seizure; (2) by operation of law, as in the case of retainer and remitter; (3) by agreement between the parties, e. g., by accord and satisfaction and arbitration; and (4) by judicial remedy, e. p., action or suit Sweet See Knapp ?. McCaffrey, 177 U. S. 638, 20 Sup. Ct 824, 44 L. E Less...