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Springing use

Springing use, a form of use in the nature of an executory interest directing property inland to vest at a future period which does not coincide with the termination of a legal estate at common law, for instance. In conveyances before 1926, upon a grant by X. To B. to the use of A. (an infant) in fee attaining twenty-one years of age, the use results to the settlor until, if ever, the period arrives and a good legal estate was conferred upon A. attaining that age by virtue of the statute. The use may be contingent as in that case, or vested, as grant to B. to the use of A. in fee upon the death of C., a stranger. If the grant defeats a previous legal estate and is not capable of being construed as a vested or contingent remainder, it may operate as a shifting use. Springing and shifting uses were resorted to in order to facilitate freedom of grant or conveyance of the legal estate inland by virtue of the Statute of Uses. Grants which would have created springing or shifting uses if the...

False Verdict

False Verdict. Formerly, if a jury gave a false verdict, the party injured by it might sue out a writ of attain against them, either at Common Law or on 11 Hen. 7, c. 24, at his election, for the purpose of reversing the judgment and punishing the jury for their verdict; but not where the jury erred merely point at law, if they found according to the judge's direction. The practice of setting aside verdicts and granting new trials, however, so superseded the use of attains that there is no instance of one to be found in our books of reports later than in the time of Elizabeth, and it was altogether abolished by the (English) County Juries Act, 1825 (6 Geo. 4, c. 50), s. 60....

pour-over

pour-over : providing for or creating the transfer of property in a decedent's estate or a trust to a pour-over trust [a provision] [a bequest] see also pour-over trust at trust pour-over will at will n : an act or instance of pouring over ;also : a provision esp. in a will that calls for estate assets to be transferred to a pour-over trust ...

Forcible entry

Forcible entry is the entering upon any land or tenement with a strong hand, or in a violent manner, in order to take possession. There may be a forcible entry although no actual force is used, as, for example, when threats are made or an unusual number of persons collected. Forcible entry was permissible at Common Law in certain cases, e.g., when the rightful owner had been wrongfully deprived of possession, but it was absolutely pro-hibited by the Statutes of Forcible Entry (5 Rich. 2, c. 7; 15 Rich. 2, c. 2; 8 Hen. 6, c. 9), which make forcible entries punishable with imprisonment. The first of these statues provides that 'none shall make entry into any lands or tenements, but in case where entry is given bylaw, and in such case not with strong hand nor with multitude of people, but only in a peaceable and easy manner.' A forcible entry by a person entitled to possession, though indictable, does not give rise to civil responsibility in damages. See Hemmings v. Stoke Poges Golf Club,...

Ex officio informations

Ex officio informations, proceedings filed in the King's Bench Division by the Attorney-General, at the direct and proper instance of the Crown, in cases of such enormous misdemeanours as peculiarly tend to disturb or endanger the govern-ment, or to molest or affront the sovereign in discharging the royal functions. The information is tried by a jury of the county where the offence arose, and for that purpose, unless the case be of such importance as to be tried at bar, it is sent down by writ of nisi prius into that county, and tried either by a common or special jury, like a civil action.-4 Steph. Com. See Archbold's Cr. Pl....

pour-over

pour-over : providing for or creating the transfer of property in a decedent's estate or a trust to a pour-over trust [a provision] [a bequest] see also pour-over trust at trust pour-over will at will n : an act or instance of pouring over ;also : a provision esp. in a will that calls for estate assets to be transferred to a pour-over trust ...

Confusion, property by

Confusion, property by. Where goods of two persons are so intermixed that the several portions can no longer be distinguished; if the intermixture be by consent, it is supposed that the proprietors have an interest in common, in proportion to their respective shares; but if one wilfully intermix his money, corn, or hay, with that of another man, without his approbation or knowledge, or cast gold in like manner into another's melting-pot or crucible, our law allows no remedy in such a case, but gives the entire property without any account to him whose original dominion or property is invaded, and endeavoured to be rendered uncertain without his consent, 2 Bl. Com. 405. See also Vin. Abr. Justification (B) and Instit. of Justin. 1. Ii. tit. 1, ss. 27-34.As to the position where a person pays money held by him in a fiduciary character into his own banking account, see Re Hallett'' Estate, (1879) 13 Ch D 696; Sinclair v. Brougham, 1914 AC 398.By the (English) Solicitors Act, 1933 (23 & 24...

Intervention

Intervention. A third person not originally a party to a suit, but claiming an interest in the matter, may interpose at any stage of the suit in defence of his own interest, whenever affected either as to person or property. This is called intervention, and was peculiar to the Ecclesiastical and Admiralty Courts. It is now practised in actions or suits in the Probate, Divorce, and Admiralty Division of the High Court. An intervener must take the cause as he finds it at the time of his intervention, and can only do what he might have done had he been a party in the first instance; but the Court may relax this rule under special circumstances.In probate actions, any person not named in the writ may intervene and appear in the action as heretofore on filing an affidavit showing that he is interested in the estate of the deceased [(English) R.S.C., Ord. XII., r. 23]. And in an Admiralty action it rem any person not named in the writ may intervene and appear as heretofore on filing an affid...

Recovery

Recovery, the obtaining a thing by judgment or trial.The regaining or restoration of something lost or taken away, Black's Law Dictionary, 7th Edn., p. 1280.A true recovery is an actual or real recovery of anything, or the value thereof, by judgment; as if a man sue for any land or other thing movable or immovable, and gain a verdict or judgment.A feigned recovery. An abolished common assurance by matter of record, in fraud of the statute De Donis, whereby a tenant-in-tail in possession enlarged his estate-tail into a fee-simple and so barred the entail, and all remainders and reversions expectant there-on, with all conditions and collateral limitations annexed to them, and subsequent charges sub-ordinate to the entail. But incumbrances on the estate-tail equally affected such fee-simple, and any estate or interest prior to the entail remained undisturbed.This assurance consisted of two parts: (1) The recovery itself, which was a fictitious rea action in the Court of Common Pleas, carr...

Then

Then, as an adverb of time, it generally refers to the last antecedent, Archer v. Jegone, 6 LJ Ch 340.Mean 'in consequence of that' when used in a Will, Abbot v. Middleton, (1858) 7 HL Cases 68.Means 'at that time' or 'in that case' according to the context. If this word is used twice in the same sentence construed in the first instance, it points to the event and in the second as an adverb of time, Stroud's Judicial Dictionary.The word 'then' occurring in s. 42A of Presidency Small Causes Courts Act, 1882 is prefaced b the preceding steps. First the occupant is to appear at the time appointed. Second, he is to claim that he is a tenant of the applicant within the meaning of the 1947 Act. Thirdly, he is to claim that in consequence he is entitled to the protection of that Act. Fourthly, that the claim of the occupant is not admitted by the applicant asking for possession, M. Laxmi & Co. v. Dr. Anant R. Deshpande, AIR 1973 SC 171 (174): (1973) 1 SCC 37: (1973) 2 SCR 172....

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