Civil Fruit - Law Dictionary Search Results
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fruit
fruit 1 a : something (as evidence) that is obtained or gathered during an action or operation (as a search) [moved to suppress evidence seized from the room on the grounds that it was obtained as the of an illegal arrest "National Law Journal"] b pl : fruit of the poisonous tree [the Court was asked to extend the…fruits doctrine "Oregon v. Elstad, 470 U.S. 298 (1985)"] 2 a in the civil Law of Louisiana : property (as income or goods) produced by or derived from other movable or immovable property without diminution of its substance [co-owners share the s and products of the thing held "Louisiana Civil Code"] compare product civil fruit : the revenue derived from property esp. by virtue of an obligation (as a lease) nat·u·ral fruit : an animal or plant product (as a crop) b : income that is produced or earned by other property or services ...
usufruct
usufruct [Latin ususfructus from usus et fructus, literally, use and enjoyment] : the right to the use and enjoyment of another's property and its profits [a in the crops of the estate] ;esp in the civil law of Louisiana : a personal servitude of limited duration that confers the right of use and full enjoyment of another's property and its fruits NOTE: Under the civil law of Louisiana, one having a usufruct in land must deliver it to the owner with its basic substance undiminished at the end of the term; one having a usufruct in consumables acquires ownership of them, but must return their value or things of the same quantity or quality at the end of the usufruct. ...
Movable property
Movable property, includes growing crops. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (13)]It includes standing timber, growing corps and grass, fruit upon and juice in trees, and property of every other description, except immovable property. [Registration Act, 1908 (16 of 1908), s. 2 (9)]The words 'movable property' are intended to include corporal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth. [Penal Code, 1860 s. 22]Movable property shall mean property of every description, except immovable property. [General Clauses Act, 1897 (10 of 1897), s. 3(36)]...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
redhibitory defect
redhibitory defect in the civil law of Louisiana : a defect that renders a thing useless or so diminishes its usefulness or value that it must be presumed that the buyer would not have bought it or would have paid a lesser price if aware of the defect [a seller is deemed to know that the thing he sells has a redhibitory defect when he is a manufacturer of that thing "Louisiana Civil Code"] called also redhibitory vice NOTE: A seller that knows of a redhibitory defect but omits to declare it, or that declares the thing to have a quality he or she knows it does not, is liable for return of the purchase price with interest and for damages, other expenses, and reasonable attorney's fees. The seller may, however, be allowed credit for value resulting from the use or fruits of the thing. ...
Charities, or Public Trusts
Charities, or Public Trusts. One of the earliest fruits of the Emperor Constantine's zeal, or pretended zeal, for Christianity, was a permission to his subjects to bequeath their property to the Church. This permission was soon abused to so great a degree as to induce the Emperor Valentinian to enact to Mortmain Act by which it was restrained. But this restraint was gradually relaxed; and in the time of Justinian it became a fixed maxim of civil law that legacies to pious uses (which included all legacies destined to works of charity, whether they related to spiritual or temporal concerns) were entitled to peculiar favour, and to be deemed privileged testaments.Lord Thurlow was clearly of opinion that the doctrine of charities grew up from the civil law; and Lord Eldon, in assenting to that opinion, has judiciously remarked, that at an early period that ordinary had the power to apply a portion of every man's personal estate to charity; and when afterwards the statute compelled a distr...
Escheat
Escheat [eschet or echet, formed from the word eschoir or echoir, Fr., to happen], a species of reversion; it is a fruit of seigniory, the Crown or lord of the fee, from whom or from whose ancestor the estate was originally derived, taking it as ultimus h'res upon the failure, natural or legal, of the intestate tenant's family.Escheat to the Crown, the Duchy of Lancaster, the Duke of Cornwall and to mesne lords has been abolished by (English) Administration of Estates Act, 1925, s. 45(1). The right of the Crown to 'bona vacantia' now includes real property under (English) A.E. Act, 1925, s. 46. See BONA VACAN-TIA.The title of the Crown was ascertained by inquiry regulated by rules under the (English) Escheat Procedure Act, 1887 (50 & 51 Vict. c. 53), which repealed, as practically inoperative, the numerous statutes from 29 Edw. 1, by which officers called 'escheators' were authorized to hold such inquiries.If differed from a forfeiture [now abolished for treason or felony by the (Engli...
antichresis
antichresis [New Latin, from Greek, from anti- opposite + chrēsis use, from chrēsthai to use, need] in the civil law of Louisiana : a written pledge and transfer from a debtor to a creditor of possession of immovable property giving the creditor the right to the fruits (as rents) of the property which are to be deducted from the interest or principal of the debt compare pawn ...
product
product 1 : the result of work or thought 2 a : the output of an industry or firm b : a thing created by manufacturing 3 in the civil law of Louisiana : something (as timber or a mineral) that is derived from something else and that diminishes the substance of the thing from which it is derived compare fruit ...
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