File size: 7,398 Bytes
56cd905 | 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 | Notes from Monday. Contains much of what Patrick discuss last night.
LOOK UP
partition
coparcenary
tenancy in common
just compensation
just exchangement
contract
affirmative (authorization, right, relief)
exonoration
expatriation
Stat 1 Ch 20 S 32 any form
tenancy in common. That tenancy whereby two or more persons are entitled to land in such manner that they have an
undivided possession, but several freeholds or interest. 20 Am J2d Coten � 22. A tenancy characterized by a single essential unity that of possession, or of the right to possession, of the common property. 20 Am J2d Coten � 23.
A tenancy in common of personal property is essentially similar to such a tenancy of real property, each tenant in common owning and possessing an undivided interest in the whole property. Re Engel's Estate, 413 Pa 475, 198 A2d 505.
writ of partition. A common-law writ for the partition of land between covenants which has given way both in this country and
in England to the remedy in equity or under statute. 40 Am J1st Partit �� 58, 59.
partition commissioners. Commissioners appointed by the court in partition proceedings, whose duty it is to examine the premises, make a preliminary or advisory partition and report back to the court. 40 Am J1st Partit � 76.
partition. The division made between two or more persons of lands, tenements, hereditaments, or goods and chattels belonging to them as co-owners. Technically, the division of real estate made between coparceners tenants in common, or joint tenants. 40 Am J1st Partit � 2. The action or proceeding through which co-owners of property cause it to be divided into as many shares as there are owners, according to their interests therein, or, if that cannot be done equitably, to be sold for the best obtainable price and the proceeds distributed. Michael v Sphier, 129 Or 413, 272 P 902, 73 ALR 1.
partition deed. A deed executed and delivered in effecting a partition of real estate. See partition.
CoLB = partition deed
writ of partition. A common-law writ for the partition of land between covenants which has given way both in this country and in England to the remedy in equity or under statute. 40 Am J1st Partit �� 58, 59.
transgressive trust. A trust which by its terms transgresses or violates the rule against perpetuities.
Nothing is denounced as a perpetuity that does not transgress this rule, and equity follows this rule by way of analogy in dealing with executory trusts; and those trusts which transgress the rule are called transgressive trusts, being in equity the substantial equivalent of what in law are called perpetuities. Pulitzer v Livingston, 89 Me 359, 364, 36 A 635.
executory trust. In one sense, a trust not completely achieved in legal effect. In another sense, a trust indefinite in limitations of the equitable interest, so that it may be necessary to invoke the jurisdiction of equity to settle the
limitations and model the trust in accordance with the intention of the creator of the trust. 54 Am J1st Trusts � 7.
court of equity = court of conscience
justice = just exchangement
court filing is a contract to provide justice. (in any form submitted) (brokerage contracts)
affirmative authorization. A positive declaration of authority rather than authorization by implication.
A boom in a river authorized and constructed in the manner required by statute is within the exception of a Federal act prohibiting obstructions in navigable streams except those affirmatively authorized by law. Pickens v Coal River Boom Co. 66 W Va 10, 65 SE 865.
affirmative charge. An instruction to the jury which removes an issue from consideration by the jury.
coparcenary. An estate arising in any case where the ownership is in heirs who take from the same ancestor, such heirs being regarded as one heir joined together by unity of interest, unity of title, and unity of possession.
The estate is of little importance at the present time, since statutes have converted the estate to a tenancy in common. 20 Am J2d Coten � I.
just compensation. A familiar term in constitutional provisions and statutes granting or regulating the exercise of the power of eminent domain in the condemnation and taking of private property. Reasonable compensation. A compensation which is just, not merely to the individual whose property is taken, but to the public which is to pay for it. 27 Am J2d Em D � 266. The full and perfect equivalent of the property taken and the damages inflicted by the taking. 27 Am J2d Em D � 266.
It is not the investment, but the "value of the interest" in land taken by eminent domain that is guaranteed to the owner; the government may neither confiscate the owner's bargain, nor be required to assume his loss. Kinter v United States (CA3 Pa) 156 F2d 5, 172 ALR 232.
contract. Noun: A term which is simple in its superficial aspect but actually difficult of succinct definition, since nothing less than the whole body of applicable precedent will suffice for the purpose of definition. Williston, Contracts 3rd ed � 1; summarily defined as an agreement upon sufficient consideration to do, or refrain from doing, a particular lawful thing. 17 Am J2d Contr �
1. For the purposes of the Uniform Commercial Code, "contract" means the total legal obligation which results from the parties' agreement as affected by the code and other applicable rules of law. UCC � 1-201(1 1). In popular speech, the word "contract" is frequently used as meaning the work done under a contract. Independent Bridge Co. v Aetna Casualty & S. Co. 316 Pa 266, 175 A 644, 96 ALR 549; a work or improvement for the prosecution of which public authorities have entered into a contract. Independent Bridge Co. v Aetna Casualty & Surety Co. 316 Pa 266, 175 A 644, 96 ALR 549. Within the meaning of the obligation of contract clause of the Federal Constitution, the term "contract" includes not only contracts as the word is ordinarily understood, but all instruments, ordinances and measures, by whatever name known, which embody the inherent qualities or purposes of valid contracts and carry like them their reciprocal obligations of good faith. 16 Am J2d Const L ��
438et seq. Verb: To enter into a binding obligation of contract.
See consideration; executed contract; executory contract; implied contract; parol contract; quasi contract.
exoneration. Absolving of a charge or imputation of guilt; the lifting of a burden; a discharge; a release from liability; the application of the personal property of an intestate to the payment of his debts and the relief of his real property therefrom. 21 Am J2d Ex & Ad � 391.
See contribution; indemnity.
expatriation. A voluntary change of allegiance from one country to another, effecting an absolute termination of all civil and political rights as of the date of such act. 3 Am J2d Aliens � 120.
The concept of expatriation has no application to the removal from this country of a native citizen during minority. In such case the voluntary action which is the essence of the right of expatriation is lacking. That right is fittingly recognized where a child born here, who may be, or may become, subject to a dual nationality, elects on attaining majority citizenship in the country to which he has removed. Perkins v Elg, 307 US 325, 83 L Ed 1320, 59 S Ct 884.
See expatriate. |