Innocent Conveyances - Law Dictionary Search Results
Home Dictionary Name: innocent conveyancesInnocent conveyances
Innocent conveyances, a covenant to stand seized; a bargain and sale; and release; so called because, since they convey the actual possession by construction of law only, they do not confer a larger estate in property than the person conveying possesses, and therefore, if a greater interest be conveyed by these deeds than a person has, they are only void, pro tanto, for the excess. But a feoffment of such larger estate was a tortious conveyance, and therefore, under such circumstances, would have been void altogether, and produced a forfeiture. But by the 4th section of the Real Property Act, 1845 (8 & 9 Vict. c. 106), a feoffment made after October 1st, 1845, shall not have any tortuous operation. It is, therefore, an innocent conveyance....
Feoffment
Feoffment [fr. feoffare, to give a feud,] the transfer of freehold land, in ancient times, by word of mouth and livery of seisin, i.e., by the delivery to the transferee of corporal possession of the land or tenement; see 2 Bl. Com. 310. Writing and deed (theretofore having become gradually more usual) were successively required by the (English) Statute of Frauds (29 Car. 2, c. 3, s. 1), and the (English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 3; and by s. 2 of the latter Act, all real property, as regards conveyance of the immediate freehold thereof, is transferable as well by grant as by livery, so that a transfer by deed alone is all that is necessary, and transfer by livery, though not in terms abolished, became obsolete before the (English) Law of Property Act, 1925, s. 51, which declares that all lands and interests therein lie in grant and are incapable of being conveyed by livery or by livery and seisin, or by feoffment, and by s. 52 all conveyances of land or any int...
innocent spouse
innocent spouse : a spouse who may be relieved of liability for taxes on an amount of income that the other spouse failed to include on a joint return filed with the Internal Revenue Service NOTE: In order to be relieved of tax liability, the innocent spouse must prove that the other spouse omitted the amount of income, that he or she did not know and had no reason to know that the income had been omitted, and that it is unfair under the circumstances to hold the innocent spouse liable. ...
Innocent spouse
Innocent spouse, means a spouse who may be relived of liability for taxes on income that the other spouse did not include on a joint tax return. The innocent spouse must prove that the other spouse did not know and had no reason to know of the omission, and that it would be unfair under the circumstances to hold the innocent spouse liable, Black's Law Dictionary, 7th Edn., p. 793....
innocent
innocent : characterized by innocence ...
Fraudulent conveyances, Statutes against
Fraudulent conveyances, Statutes against, sect. 172 of the (English) L.P. Act, 1925, now provides that every conveyance of property made either or before 1925 with intent to defraud creditors shall be voidable at the instance of any person thereby prejudiced, but the s. does not affect disentailing assurances or the law of bankruptcy, nor does it extend to conveyances in good faith either for valuable or for good consideration to any person without notice of fradulent intent. This enactment replaces 13 Eliz. c. 5 (A.D. 1570), made perpetual by 29 Eliz. c. 5. See Twyne's case, (1602) 3 Rep 80; 1 Smith's L.C. 1; Halifax Bank v. Gledhill, (1891) 1 Ch 31.The 27 Eliz. c. 4, s. 2, made perpetual by 39 Eliz. c. 18, enacts that every conveyance of lands, made with the intent to defraud and deceive any person, bodies politic or corporate, who shall purchase the same, shall be deemed (as against that person, etc.) to be utterly void. But the Act shall not be construed to defeat or make void any ...
Voluntary conveyance
Voluntary conveyance. A conveyance by way of gift or otherwise without valuable consideration. Liable to be defeated, under 27 Eliz. c. 4, by a subsequent sale for value, but no voluntary disposition whenever made shall be deemed to have been made with intent to defraud by reason only that a subsequent conveyance for valuable consideration was made if that conveyance was made after the 18th January, 1893: (English) Law of Property Act, 1925, s. 173, reproducing 27 Eliz. c. 4, as amended by the (English) Voluntary Conveyances Act, 1893. Any conveyance made with intent to defeat or delay creditors may be set aside under 13 Eliz. c. 5; see Twyne's Case, (1601) 3 Rep. 80; 1 Sm. L.C., unless the conveyance was made for valuable consideration and in good faith or upon good consideration and in good faith to any person not having at the time of the conveyance notice of the intent to defraud creditors [s. 172 (3), (English) Law of Property Act, 1925] This Act (ss. 172 and 173) repeals and repr...
Emigrant conveyance
Emigrant conveyance', means any conveyance specially chartered for conveyance of emigrants or for conveying emigrants exceeding such number as may be prescribed:Provided that the Central Government may, by notification, declare that any conveyance convey-ing emigrants to such place as may be depicted in the notification shall not be deemed to be an emigrant conveyance. [Emigration Act, 1983 (31 of 1983), s. 2(1)(e)]...
fraudulent conveyance
fraudulent conveyance : a conveyance of property made for the purpose of rendering the property unavailable for satisfaction of a debt or otherwise hindering or defeating the rights of creditors ;specif : a conveyance of property that is made in return for inadequate consideration by one who is insolvent or who is rendered insolvent, undercapitalized, or unable to pay his or her debts as a result of the conveyance or that is made with the intent of hindering, delaying, or defrauding his or her creditors called also fraudulent transfer compare preference NOTE: A fraudulent conveyance is generally voidable by a court or, in a bankruptcy case, by the trustee in bankruptcy. ...
innocence
innocence : freedom from fault or guilt under the law: as a : the state of not being guilty of a particular crime or offense compare guilt b : the state of not being guilty of an act that constitutes a ground for divorce c : ignorance on the part of a party to a transaction of facts that would lead a person of ordinary prudence to make inquiries ...
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