Excambium - Law Dictionary Search Results
Home Dictionary Name: excambiumExcambium
Excambium, an exchange; a place where merchants meet to transact their business; also an equivalent in recompense; a recompense in lieu of dower ad ostium ecclesi', 1 Reves, 101 and 103....
Warrantizare est defendere acquietare tenetem, qui warrantum vocavit in seisina sua et tenens de re warranti excambium ad valentiam
Warrantizare est defendere acquietare tenetem, qui warrantum vocavit in seisina sua et tenens de re warranti excambium ad valentiam (co lit 365), to warrant is to defend and ensure in peace the tenant who calls for warranty in his seisin; and the tenant in warranty will have in proportion to its value....
Exchange, Deed of
Exchange, Deed of [fr. excambium, Lat.], an original Common Law conveyance, for the reciprocal transfer of interests ejusdem generis, as fee simple for fee simple, legal estate for legal estate, copyhold for copyhold of the same manor, and the like the one in consideration of the other. It takes place between two distinct contracting parties only, although several persons may compose each party. The operative and indispensable verb was 'exchange,' which no longer implies a general warranty or right of re-entry [(English) L.P. Act, 1925, s. 59, replacing Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 4]. An actual entry upon the pro-perty exchanged by the parties themselves to the deed was essential. The exchange was void if either party died before entry, for, under such cir-cumstances, the parties had no freehold in them, for the heir could not enter and take as a purchaser, because he took under the deed, only by way of limitation in course of descent, but by the L.P. Act, 1925, s....
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