Legal Term Dictionary

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  • INCUMBER
    To incumber land Is to niake it subject to a charge or liability; e. g., by mortgaging it. Incumbrances include not only mortgages and other voluntary charges, but also liens, lites pendente, registered judgments, and writs of execution, etc. Sweet See Newhall v. Insurance Co., 52 Me 181.
  • INCUMBRANCE
    Any right to, or interest in, land which may subsist in third persons, to the diminution of the value of the estate of the tenant, but consistently with the passing of the fee. Fitch v. Seymour, 9 Mete. (Mass.) 467; Huyck v. Andrews, 118 N. Y. 81, 20 N. E. More...
  • INCUMBRANCER
    The holder of an incumbrance, e. g., a mortgage, on the estate of another. De Voe v. Rundle, 33 Wash. 604, 74 Pac 836; Shaeffer v. Weed, 8 111. 514; Newhall v. Insurance Co., 52 Me 181.
  • INCUR
    Men contract debts; they incur liabilities. In the one case, they act affirmatively ; in the other, the liability is incurred or cast upon them by act or operation of law. "Incur" means something beyond contracts, -something not embraced in the word "debts." Crandall v. Bryan, 5 Abb. Prac. (N. More...
  • INCURRAMENTUM
    L. Lat. The liability to a fine, penalty, or amercement. CowelL
  • INDE
    Lat. Thence; thenceforth; thereof; thereupon; for that cause. Inde data leges ne fortlor omnia posset. Laws are made to prevent the stronger from having the power to do everything. Dav. Ir. K. B. 36.
  • INDEBITATUS
    Lat. Indebted. Nunquam indebitatus, never indebted. The title of the plea substituted in England for nU debet -Indebitatus assumpsit. Lat Being indebted, he promised or undertook. 'This is the name of that form of the action of assumpsit in which the declaration alleges a debt or ob ligation to be More...
  • INDEBITI SOLUTIO
    Lat. In the civil and Scotch law. A payment of what is not due. When made through Ignorance or by mistake, the amount paid might be recovered back by an action termed "conditio indebiti." (Dig. 12, 6.) Bell.
  • INDEBITUM
    In the civil law. Not due or owing. (Dig. 12, 6.) Calvin.
  • INDEBTEDNESS
    The state of being in debt, without regard to the ability or inability of the party to pay the same. See 1 Story, Eq. Jur. 343 ; 2 Hill, Abr. 421. The word implies an absolute or complete liability. A contingent liability, such as that of a surety before the More...
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