Indenture - Law Dictionary Search Results
Home Dictionary Name: indentureIndenture
Indenture, a deed indented between two or more parties, so called because duplicates of every deed inter partes were once written on one skin. The skin was cut in half irregularly or which a jagged edge: so when the duplicates were produced in Court they were seen to belong to one another by fitting into one another. By the (English) Law of Proper-ties Act, 1925, s. 56(2), reproducing (English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5, it is provided that a deed purporting to be an indenture shall have the effect of an indenture though not indented or expressed to be an indenture. Under s. 57, (English) L.P. Act, 1925, an indenture or any other deed may be described according to the nature of the transaction intended to be effected.Means a formal written instrument made by two or more parties with different interests, traditionally having the edges serrated, or indented, in a zig zag fashion to reduce the possibility of forgery and to distinguish it from a deed poll. A deed o...
trust indenture
trust indenture : a document under which a trust (as one created by the issuer of bonds in accordance with the Trust Indenture Act of 1939) is conducted ...
indenture
indenture [Old French endenture an indented document, from endenter to indent (divide a document into sections with irregular edges that can be matched for authentication), from en- thoroughly + dent tooth] 1 : a document stating the terms under which a security (as a debenture or other bond) is issued ;specif in bankruptcy law : a document (as a mortgage or deed of trust) under which there is outstanding security constituting a claim against a debtor, a claim secured by a lien on any of the debtor's property, or an equity security of the debtor 2 : a deed or other document to which two or more parties (as both grantor and grantee) are bound ...
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...
Dividenda
Dividenda, an indenture; one part of an indenture, Old Records...
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Non demisit
Non demisit (he demised not). 1. A plea resorted to where a plaintiff declared upon a demise without stating the indenture in an action of debt for rent. 2. A plea in bar, in replevin, to an avowry for arrears of rent, that the avowrant did not demise....
Instar dentium
Instar dentium [Lat.] (like teeth). See INDENTURE....
Estoppel
Estoppel, a conclusive admission, which cannot be denied. It is of three kinds:-(1) By matter of record, which imports such absolute and incontrovertible verity, that no person against whom it is producible shall be permitted to aver against it. A record concludes the parties thereto, and their privies, whether in blood, in law, or by estate, upon the point adjudged, but not upon any matter collateral or adjudged by inference, A judgment in an action in rem is absolutely binding upon all the world.A conviction on the same facts is no estoppel in a civil action because the parties are not the same, Palace Shipping Co. v. Caine, 1907 AC 386.(2) By deed. No person can be allowed to dispute his own solemn deed, which is therefore conclusive against him, and those claiming under him, even as to the facts recited in it. The general rule is that an indenture estops all who are parties to it, while a deed-poll only estops the party who executesit, since it is his sole language and act, Shep. T...
Deed-poll
Deed-poll, a single deed in the form of a manifesto or declaration to all the world of the grantor's act and intention. If there be no recital it usually speaks in the first person, but where recitals are introduced it speaks in the third person. See DEED.A deed poll is a deed made by and expressing the active intention of one party only, or made by two or more persons joining together in expressing a common active intention of them all. A deed poll is so called because the parchment required for such deeds has usually been shared even which evidences some act or agreement between them other than the mere consent to join in expressing the same active intention on the part of all. An indenture derives its name from the fact that the parchment on which such a deed was written was indented or cut with a waving or indented line at the top. Co Litt 229, Halsbury's Laws of England 13, para 3, p. 5....
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