Brevia Testata - Law Dictionary Search Results
Home Dictionary Name: brevia testataBrevia testata
Brevia testata, written memoranda, introduced to perpetuate the tenor of a conveyance and investiture, when grants by parol only became the foundation of frequent dispute and uncertainty. To this end they registered in the deed the persons who attended as witnesses, which was formerly done without their signing their names (that not being always in their power), but they only heard the deed read; and then the clerk or scribe added their names in a sort of memorandum; thus, 'his testibus, Johanne Moore, Jacobo Smith, et aliis ad hanc rem convocatis.' Our modern deeds are in reality nothing more than an improvement or amplification of these brevia testata, 2 Bl. Com. 307....
Brevia magistralia
Brevia magistralia, official writs framed by the clerks in Chancery to meet new injuries, to which the old forms of actions were inapplicable, 4 Reeves, 426....
Brevia selecta
Brevia selecta, abbrev. Brev. Sel. [Lat.], choice writs or processes....
Allegata
Allegata, a word anciently subscribed at the bottom of rescripts and constitutions of the Roman Emperors, as signata or testata under other instruments. It is synonymous with verificata, verified, Encyc. Londin....
Deed
Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...
Case, action on the
Case, action on the. The action on the case lay where a party sued for damages for any wrong or cause of complaint (such as negligence, or breach of contract not under seal) to which covenant or trespass did not apply. Statutory sanction was obtained for this form of action under the Statute of Westminster 2 (13 Edw. 1, c. 24), which regulated and limited the increasing practice of framing new writs by officers of the Crown and empowered the Clerks in Chancery to frame new writs in consimili casu with writs then in existence, see Pollock on Torts and Law Quarterly Review, Vol. 52, p. 68. Under the statutory sanction many new writs which were analogous to the writ of trespass, or in consimili casu with that action, were invented and issued under the appellation of 'trespass on the case' (brevia 'de transgressione super casum') as being founded on the particular circumstances of the case thus requiring a remedy, and to distinguish them from the old writ of trespass; and the injuries them...
Crimen falsi
Crimen falsi, forgery.Crimen falsi dicitur, cum quis illicitus, cui non fuerit ad h'c data auctoritas, de sigillo regis rapto vel invento, brevia cartasue consignaverit. Fleta, 1, c. xxiii.-(The crime of forgery is when any one illicitly, to whom power has not been given for such purposes, has signed writs or chartrs with the king's seal, either stolen or found.) See FORGERY...
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