Assignee Or Assign - Law Dictionary Search Results
Home Dictionary Name: assignee or assign Page: 2Under-lease
Under-lease, a grant by a lessee to another, called under-lessee, or under-tenant, or sub-lessee, or sub-tenant, of a part of his whole interest under the original lease, reserving to himself a reversion; it differs from an assignment, which conveys the lessee's whole interest, and passes to the assignee the right and liability to sue and be sued upon the covenants in the original lease.An under-lease for the whole term of the original lease amounts to an assignment, Beardman v. Wilson, (1868) LR 4 CP 57.Between the original lessor and an under-tenant there is neither privity of estate nor privity of contract, so that these parties cannot take advantage, the one against the other, of the covenants, either in law or in deed, which exist between the original lessor and lessee [Holford v. Hatch (1779) 1 Dougl 183; Johnson v. Wild, (1890) 44 Ch D 146]; but the lessor can distrain on the sub-lessee or take advantage of a condition of forfeiture, G.W. Ry. v. Smith, (1876) 2 Ch D 253. By s. 4...
Chose
Chose [Fr., a thing]; it is used in divers senses, of which the four following are the most important:--(1) Chose local, a thing annexed to a place, as a mill, etc.(2) Chose transitory, that which is movable, and may be taken away, or carried from place to place.(3) Chose in action, otherwise called chose in suspense, a thing of which a man has not the possession or actual enjoyment, but has a right to demand by action or other proceedings, as a debt, bond, etc. A well-known rule of the Common Law was that no possibility, right, title, or thing in action, could be assigned to a third party, for it was thought that a different rule would be the occasion of multiplying litigation: as it would in effect be transferring a lawsuit to a mere stranger, though the assignee might, at law, and was assisted in equity to sue the debtor in the name of the assignor. At law, therefore, with the exception of negotiable instruments, an interesse termini, and some few other securities, this until 1873 c...
Straw, Man of
Straw, Man of, a man of no substance. A transfer of shares, in a company, to such a man is good, subject to its regulations, so as to relieve the transferor from liability to pay calls upon the shares, if the transferee be sui juris, and there be no resulting trust for the transferor [see De Pass's case, (1859) 4 De G. & J. 544], and unless the Stannaries Act, 1869, s. 35, applies; and see CONTRIBUTORY. Likewise the assignee o a lease may escape liability on the covenants after assignment by 'assigning over' to a man of straw....
subordinate
subordinate 1 : placed in or occupying a lower rank, class, or position 2 : submissive to or controlled by authority [sə-bȯrd-n-āt] vt -nat·ed -nat·ing : to assign lower priority to (as a debt or creditor) : postpone satisfaction of until after satisfaction of another [the equitable assignee will be subordinated to the rights of the assignor's trustee in bankruptcy "J. D. Calamari and J. M. Perillo"] ...
Stop Order
Stop Order. If any person entitled, in expectancy or otherwise, to any share of any stocks or funds, standing in the name of the Paymaster-General (formerly the Accountant-General of the Court of Chancery: see (English) Chancery Funds Act, 1872) to the general credit of any cause, or to the account of any class or classes of persons, assign his interest in such stock or funds, the assignee (although not a party to the cause in which the fund is standing) may apply by summons for a stop order to prevent the transfer or payment of such tock or funds, or any part thereof, without notice to him. And a person having a lien on a fund in Court may obtain a stop order. See (English) R.S.C. 1883, Ord. XLVI.; and consult Dan. Ch. Pr.; Seton on Judgments....
Year to year, tenancy from
Year to year, tenancy from. This estate arises either expressly, as when land is let from year to year, or by a general parol demise, without any deter-minate interest, but reserving the payment of an annual rent; or impliedly, as when property is occupied generally under a yearly rent, payable yearly, half-yearly, or quarterly; or when such tenant holds over, after the expiration of his term, without having entered into any new contract, and pays rent (before which he is a tenant on sufferance), and in such cases the tenant holds over on such terms of the old tenancy lease as are applicable to a tenancy from year to year and to the particular tenancy.The qualities which distinguish a tenancy from year to year from proper terms for years, and from estates at will, are (1) that it exists by construction of law alone instead of an estate at will in every instance where a possession is taken with the consent of the legal owner and where an annual rent has been paid, but without there havi...
assign
assign 1 : to transfer (property or rights) to another [the general practice by inventors of ing patent rights "J. K. Owens"] 2 : to appoint to a post or duty [ed to represent the defendant] 3 : to fix or specify in relationship or correspondence [no party may as error the giving or the failure to give an instruction unless that party objects thereto "Federal Rules of Civil Procedure Rule 51"] as·sign·abil·i·ty [ə-sī-nə-bi-lə-tē] n as·sign·able [ə-sī-nə-bəl] adj as·sign·or [ə-sī-nər] n n : assignee ...
Dearle v. Hall
Dearle v. Hall. The rule which takes its name from this case, reported 1823, 3 Russ. 1, originated with the bankruptcy rule conferring the priority of assignments of choses in action according to the date of notice to the debtor by the assignment, Ryall v. Rowles, 1 Ves Sess 348. Before 1926 the rule was that the priority of equitable assignments of debts and other choses in action was determined by priority in date of notice to the trustees or other owners of the legal interest in the property assigned, see Ward v. Duncombe, 1893 AC 369. The rule did not extend to equitable interests in land except to proceeds of land held on trust for sale, see Lloyd's Bank v. Pearson, (1901) 1 Ch 685, and QUI PRIOR EST TEMPORE POTIOR EST JURE. S. 137 of the Law of Property Act, 1925, has extended the rule to dealings with equitable interests in land, capital money (see s. 205(1)(xxvi.) of the Act), and securities representing capital money effected after 1925. To effect priority among competing assi...
Run with the land-Run with the reversion
Run with the land-Run with the reversion. A covenant is said to 'run with the land,' either leased or conveyed in fee, when either the liability to perform it, or the right to take advantage of it, passes to the assignee of that land. A covenant is said to 'run with the reversion' to land leased when either the liability to perform it, or the right to take advantage of it, passes to the assignee of that reversion. Consult Spencer's case, (1583) 1 Sm LC 1, where a list of the covenants running with the land and not so running is given; and see, too, Woodfall, L & T.; Dyson v. Forster, 1909 AC 98.The benefit of a covenant made after 1925 running with the land is to be deemed to be made with the covenantee, his successors in title and the persons deriving title under him or them; and in connection with restrictive covenants, 'successors in title' includes owners and occupiers for the time being of the land intended to be benefited (Law of Property Act, 1925, s. 78). S. 58 of the Conveyanc...
Priority
Priority, an antiquity of tenure in comparison with another less ancient; also that which is before another in order of time.As to priority among creditors, see (English) Admin-istration of Estates Act, 1869, reproduced by ss. 32 to 34, (English) Administration of Estates Act, 1925, and the First Sch., which provides that in the administration of the estate of any person who shall die on or after 1st January, 1870, no debt or liability of such person shall be entitled to any priority or preference by reason merely that the same is secured by or arises under a bond, deed, or other instrument under seal, or is otherwise made or constituted a specialty debt.The priority in legal and equitable assignments of equitable choses in action are determined accord-ing to the date of receipt of notice by the persons who are for the time being owners of the legal interest in the property assigned. Before 1926 the notice might be verbal; after 1926 it must, for the purposes of establishing priority a...
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