Legal Term Dictionary

v. In conveyancing. To assure the title to property sold, by an ex-press covenant to that effect in the deed of conveyance. To stipulate by an express cove-nant that the title of a grantee shall be good, and his possession undisturbed. In contracts. To engage or promise that a certain More...

v. In conveyancing. To assure the title to property sold, by an ex-press covenant to that effect in the deed of conveyance. To stipulate by an express cove-nant that the title of a grantee shall be good, and his possession undisturbed. In contracts. To engage or promise that a certain fact or state of facts, in relation to the subject-matter, is, or shall be, as it Is represented to be. Less...

n. 1. A writ or precept from a competent authority in pursuance of law, directing the doing of an act, and ad¬dressed to an officer or person competent to do the act, and affording him protection from damage, if he does it. People v. Wood, 71 N. Y. 376. 2.Particularly, More...

n. 1. A writ or precept from a competent authority in pursuance of law, directing the doing of an act, and ad¬dressed to an officer or person competent to do the act, and affording him protection from damage, if he does it. People v. Wood, 71 N. Y. 376. 2.Particularly, a writ or precept issued by a magistrate, justice, or other competent authority, addressed to a sheriff, constable, or other officer, requiring him to arrest the body of a person therein named, and bring him before the magistrate or court, to an¬swer, or to be examined, touching some offense which he is charged with having comr mltted. See, also, BENCH-WARRANT; SEARCH-WARRANT. 3. A warrant Is an order by which the drawer authorizes one person to pay a par-ticular sum of money. Shawnee County v. Carter, 2 Kan. 130. 4.An authority issued to a collector of taxes, empowering him to collect the taxes extended on the assessment roll, and to make distress and sale of goods or land in default of payment. 5.An order Issued by the proper author-ities of a municipal corporation, authorizing the payee or holder to* receive a certain sum .out of the municipal treasury. —Bench warrant. See BENCH.—Death warrant. A warrant issued generally by the chief executive authority of a state, directed to the sheriff or other proper local officer or the warden of a jail, commanding him at a certain time to proceed to carry into execution a sen¬tence of death imposed by the court upon a con¬victed criminal.—Distress warrant. See DIS¬TRESS.—General warrant. A process which formerly issued from the state secretary's of¬fice in England to take up (without naming any persons) the author, printer, and publisher of such obscene and seditious libels as were spe-cified in it. It was declared illegal and void for uncertainty by a vote of the house of com-mons on the 22d April, 1766. Wharton.—Land warrant. A warrant issued at the local land offices of the United States to purchasers of public lands, on the surrender of which at the general land office at Washington, they receive a conveyance from the general government.— Landlord's warrant. See LANDLORD.— Search warrant. See that title.—Warrant creditor. See CREDITOR.-Warrant in bankruptcy. A warrant issued, upon an ad¬judication in bankruptcy, directing the marshal to take possession of the bankrupt's property, notify creditors, etc.—Warrant of arrest. See ARREST.—Warrant of attorney. In practice. A written authority, directed to any attorney or attorneys of any court of record, to appear for the party executing it, and receive a declaration for him in an action at the suit of a person named and thereupon to confess the same, or to suffer judgment to pass by de-fault ; and it also usually contains a release of errors. 2 Burrill, Pr. 239; Treat v. Tolman, 113 Fed. 892, 51 C. C. A. 522.—Warrant of commitment. A warrant of commitment is a written authority committing a person to cus-tody.—Warrant officers. In the United States navy, these are a class of inferior of-ficers who hold their rank by virtue of a writ-ten warrant instead of a commission, including boatswains, gunners, carpenters, etc.—Warrant to sue and defend. In old practice. A special warrant from the crown, authorizing a party to appoint an attorney to sue or defend for him. 3 Bl. Comm. 25. A special authority given by a party to his attorney, to commence a suit, or to appear and defend a suit, in his behalf. These warrants are now disused, though formal entries of them upon the record were long retained in practice. 1 Burrill, Pr. 39. Less...

A person to whom a warranty is made.

A person to whom a warranty is made. Less...

In old practice. Warranty of charter. A writ which lay for one who, being enfeoffed of lands or tenements, with a clause of warranty, was afterwards impleaded in an assize or other action in which he could not vouch to warranty. In such case, it might be brought against the More...

In old practice. Warranty of charter. A writ which lay for one who, being enfeoffed of lands or tenements, with a clause of warranty, was afterwards impleaded in an assize or other action in which he could not vouch to warranty. In such case, it might be brought against the warrantor, to compel him to assist the tenant with a good plea or defense, or else to render damages and the value of the land, if recovered against the tenant Cowell; 3 Bl. Comm. 300. Less...

An Old English writ which lay for him who was challenged to be a ward to another, In re¬spect to land said to be holden by knight-service; which land, when it was bought by the ancestors of the ward, was warranted free from such thraldom. The writ lay against the More...

An Old English writ which lay for him who was challenged to be a ward to another, In re¬spect to land said to be holden by knight-service; which land, when it was bought by the ancestors of the ward, was warranted free from such thraldom. The writ lay against the warrantor and his heirs. Cowell. Less...

A writ which lay for a man who, having had a day assigned him personally to appear in court in any action in which he was sued, was in the mean time, by commandment, employed in the king's service, so that he could not come at the day assigned. It More...

A writ which lay for a man who, having had a day assigned him personally to appear in court in any action in which he was sued, was in the mean time, by commandment, employed in the king's service, so that he could not come at the day assigned. It was directed to the justices that they might not record him in default for that day. Cowell. Less...

In old conveyancing. To warrant; to bind one's self, by covenant in a deed of conveyance, to defend the grantee in his title and possession. Warrantisare est defenders et acqul-etare tenentem, qnl warrantnm vocavit, in seisina sna; et tenens de re warrant! enoambinm habebit ad valentiam. Co. Litt. 365. To More...

In old conveyancing. To warrant; to bind one's self, by covenant in a deed of conveyance, to defend the grantee in his title and possession. Warrantisare est defenders et acqul-etare tenentem, qnl warrantnm vocavit, in seisina sna; et tenens de re warrant! enoambinm habebit ad valentiam. Co. Litt. 365. To warrant is to defend and in¬sure in peace the tenant, who calls for war¬ranty, in his seisin; and the tenant in war¬ranty will have an exchange in proportion to Its value. Less...

One who makes a warranty, Shep. Touch. 181. Warrantor potest exeipere qnod que-rens non tenet terram de qua petit war-ran tiam, et qnod donnm fnit insnfficiens. Hob. 21. A warrantor may object that the complainant does not hold the land of which he seeks the warranty, and that the gift More...

One who makes a warranty, Shep. Touch. 181. Warrantor potest exeipere qnod que-rens non tenet terram de qua petit war-ran tiam, et qnod donnm fnit insnfficiens. Hob. 21. A warrantor may object that the complainant does not hold the land of which he seeks the warranty, and that the gift was insufficient. Less...

In real property law. A real covenant by the grantor of lands, for himself and his heirs, to warrant and defend the title and/possession of the estate granted, to the grantee and his heirs, whereby, either upon voucher, or judgment in the writ of tcarrantia charted, and the eviction of More...

In real property law. A real covenant by the grantor of lands, for himself and his heirs, to warrant and defend the title and/possession of the estate granted, to the grantee and his heirs, whereby, either upon voucher, or judgment in the writ of tcarrantia charted, and the eviction of the grantee by paramount title, the grantor was bound to recompense him with other lands of equal value. Co. Litt. 365a. In sales of personal property. A warranty is a statement or representation made by the seller of goods, contemporaneously with and as a part of the contract of sale, though collateral to the express object of it, having reference to the character, quality, or title of the goods, and by which he promises or undertakes to insure that certain facts are or shall be as he then represents them. A warranty is an engagement by which a seller assures to a buyer the existence of some fact affecting the transaction, whether past, present, or future. Civ. Code Cal. | 1763. In contracts. An undertaking or stipu-lation, in writing, or verbally, that a certain fact in relation to the subject of a contract Is or shall be as it is stated or promised to be. A warranty differs from a representation in that a warranty must always be given contem-poraneously with, and as part of, the contract; whereas a representation precedes and induces to the contract. And, while that is their difference in nature, their difference in consequence or effect is this: that, upon breach of warranty, (or false warranty,) the contract re¬mains binding, and damages only are recov¬erable for the breach; whereas, upon a false representation, the defrauded party may elect to avoid the contract, and recover the entire price paid. Brown. The same transaction cannot be characterized as a warranty and a fraud at the same time. A warranty rests upon contract, while fraud, or fraudulent representations have no element of contract in them, but are essentially a tort. When judges or law-writers speak of a fraudu¬lent warranty, the language is neither accurate nor perspicuous. If there is a breach of war¬ranty, it cannot be said that the warranty was fraudulent, with any more propriety than any other contract can be said to have been fraudulent, because there has been a breach of it. On the other hand, to speak of a false representation as a contract or warranty, or as tend¬ing to prove a contract or warranty, is a perversion of language and of correct ideas. Rose v. Hurley, 39 Ind. 81. In insurance. In the law of Insurance, "warranty" means any assertion or under-taking on the part of the assured, whether expressed in the contract or capable of being annexed to it, on the strict and literal truth or performance of which the liability of the underwriter Is made to depend. Maude A P. Shipp. 377; Sweet.—Affirmative warranty. In the law of insurance, warranties may be either affirmative or promissory. Affirmative warranties may be ei¬ther express or implied, but they usually consist of positive representations in the policy of the existence of some fact or state of things at the time, or previous to the time, of the making of the policy; and they are, in general, conditions precedent, which, if untrue, whether ma¬terial to the risk or not, the policy does not at¬tach, as it is not the contract of the insurer. Maupin v. Insurance Co., 53 W. Va. 557, 45 S. E. 1003; Hendricks v. Insurance Co., 8 Johns* (N. Y.) 1; Cowan v. Insurance Co., 78 Cal. 181, 20 Pac. 408.—Collateral warranty, in old conveyancing, was where the heir's title to the land neither was nor could have been derived from the warranting ancestor. Thus where a younger brother released to his father's dis¬seisor, with warranty, this was collateral to the elder brother. The whole doctrine of collalateral warranty seems repugnant to plain and unsophisticated reason and justice; and even its technical grounds are so obscure that the ablest legal writers are not agreed upon the subject. Wharton. Micheau v. Crawford, 8 N. J. Law, 106.—Continuing warranty. One which applies to the whole period during which the contract is in force; e. g.t an undertaking in a charter-party that a vessel shall continue to be of the same class that she was at the time the charter-party was made.—Covenant of warranty. See COVENANT.—Express warranty. In contracts and sales, one created by the apt and explicit statements of the seller or person to be bound. See Borrekins v. Bevan, 3 Rawle (PaJ 36, 23 Am. Dec. 85; White v. Stelloh, 74 Wis. 435. 43 N. W. 99; Danforth v. Crookshanks, 68 Mo. App.1 316. In the law of insurance, an agreement expressed in a policy, whereby the assured stipulates that certain facts relating to the risk are or shall be true, or certain acts relating; to the subject have been or shall be done. 1 Phil. Ins.(4th Ed.) p. 425: Petit v. German Ins. Co. (C. C.) 98 Fed. 802; jEtna Ins. Co. v. Grube, 6 Minn. 82 (Gil. 32); Insurance Co. v. Morgan; 90 Va. 290, 18 S. E. 191.—General warranty. The name of a covenant of warranty inserted in deeds, by which the grantor binds himself, his heirs, etc., to "warrant and forever defend" to the grantee, his heirs, etc., the title thereby con¬veyed, against the lawful claims of all persons whatsoever. Where the warranty is only against the claims of persons claiming "by, through, or under" the grantor or his heirs, it is called a "special warranty."—Implied warranty. A warranty raised by the law as an inference from the acts of the parties or the circumstances of the transaction. Thus, if the seller of a chattel have possession of it and sell it as his own. and not as agent for another, and for a fair price, he is understood to warrant the title. 2 Kent* Comm. 478. A warranty implied from the gen¬eral tenor of an instrument, or from particular words used in it. although no express warranty is mentioned. Thus, in every policy of insurance there is an implied warranty that the ship is sea¬worthy when the policy attaches. 3 Kent Comm. 287; 1 Phil. Ins. 308.—Lineal warranty. In old conveyancing, the kind of war-ranty which existed when the heir derived title to the land warranted either from or through the ancestor who made the warranty.—Personal warranty. One available in personal actions, and arising from the obligation which one has contracted to pay the whole or part of a debt due by another to a third person. Flanden v. Seelye, 105 TJ. S. 718, 26 L Ed. 1217. —Promissory warranty. A term used chief¬ly in the law of insurance, and meaning a war-ranty which requires the performance or omis¬sion of certain things or the existence of cer¬tain facts after the beginning of the contract of insurance and during its continuance, and the breach of which will avoid the policy. See King v. Relief Ass'n, 35 App. Div. 58» 54 N. Y. Supp. 1057; Maupin v. Insurance Co., 53 W. Va. 557, 45 S. E. 1003; McKenzie v. Insurance Co., 112 Cal. 548, 44 Pac. 922.—Special warranty. A clause of warranty inserted in a deed of lands, by which the grantor covenants, for himself and his heirs, to lYwarrant and forever defend" the title to the same, to the grantee and his heirs, etc., against all persons claiming "by, through, or under" the grantor or his heirs. If the war¬ranty is against the claims of all persons what¬soever, it is called a "general,r warranty.«r-Warranty deed. One which contains a cove¬nant of warranty.—Warranty, voucher to. In old practice. The calling a warrantor into court by the party warranted, (when tenant in a real action brought for recovery of such lands,) to defend the suit for him. Co. Litt. 1016. Less...

A term in English law for a place in which birds, fishes, or wild beasts are kept. A franchise or privilege, either by pre-scription or grant from the king, to keep beasts and fowls of warren, which are hares, coneys, partridges, pheasants, etc. : Also any place to which such More...

A term in English law for a place in which birds, fishes, or wild beasts are kept. A franchise or privilege, either by pre-scription or grant from the king, to keep beasts and fowls of warren, which are hares, coneys, partridges, pheasants, etc. : Also any place to which such privilege extends. Mozley & Whitley. Free warren. A franchise for the preserv-ing and custody of beasts and fowls of warren. 2 BL Comm. 39, 417; Co. Litt. 233. This fran¬chise gave the grantee sole right of killing, so far as his warren extended, on condition of ex¬cluding other persons. 2 Bl. Comm. 39. Less...