Remitter - Definition - Law Dictionary Home Dictionary Definition remitter

Definition :

Remitter. Where he who has the right of entry in lands, but is out of possession, obtains afterwards the possession of the lands by some subsequent, and, of course, defective title, he is remitted or sent back, by operation of law, to his ancient and more certain title. The possession which he has gained by a bad title is ipso facto annexed to his own inherent good one; and his defeasible estate is utterly defeated and annulled by the instantaneous act of law, without his participation or consent. As if A. disseise B., i.e., turn him out of possession, and afterwards demise the land to B. (without deed) for a term of years, by which B. Enters, this entry is a remitter to B., who is in of his former and surer estate. But if A. had demised to him for years by deed indented, or by matter of record, there B. would not have been remitted. For if a man by deed indented take a lease of his own lands, it shall bind him to the rents and covenants, because a man never can be allowed to affirm that his own deed is ineffectual, since that is the greatest security on which men rely in all manner of contracting. The same law holds, if it had been by matter of record, for that is of its own nature uncontrollable evidence, which a man cannot be allowed to controvert, 3 Steph. Com.