Marketable Title - Law Dictionary Search Results
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marketable title see title ...
title
title [Anglo-French, inscription, legal right, from Old French, from Latin titulum inscription, chapter heading, part of the law that sanctions an action] 1 a : the means or right by which one owns or possesses property ;broadly : the quality of ownership as determined by a body of facts and events after-acquired title : title that vests automatically in a grantee when acquired by a grantor who purported to sell the property before acquiring title ;also : a doctrine that requires such vesting compare estoppel by deed at estoppel NOTE: The doctrine of after-acquired title generally does not apply when the grantor receives title by quitclaim deed; to vest title in the grantee the deed must include words expressing such an intention. clear title : title that exists free of claims or encumbrances on the property [had clear title to the farm] ;broadly : marketable title in this entry equitable title : title vested in one who is considered by the application of equitable principl...
merchantable title
merchantable title : marketable title at title ...
Market overt
Market overt, an open or public market. Contracts of sale which transfer the property as against a real owner though not the seller are binding, if made according to the following rules.--(1)The sale must be in a place that is open, so that anyone who passes may see it, and that is proper for the sale of such goods; (2) it must be an actual sale for a valuable consideration; (3) the buyer must not know that the seller has a wrongful possession of the goods sold; (4) the sale must no tbe fradulent between two to bar a third person of his right; (5) there must be a sale and a contract by persons able to contract; (6) the contract must be originally and wholly in the market overt; (7) toll ought to be paid where required by statute; (8) the sale ought not to be in the night, though, if the sale be made in the night, it may bind the parties, The Case of Market Overt, 5 Rep 83; and see Hargreave v. Spink, (1892) 1 QB 25; and Ardath Tobacco Co. Ltd. v. Ocker, 1930 TLR 177, distinguishing a s...
Market garden
Market garden. A garden on which vegetables and fruit are grown for sale. The (English) Agricultural Holdings Act, 1908, which repealed the (English) Market Gardens Compensation Act, 1895, has itself been repealed and replaced by the (English) Agricultural Holdings Act, 1923, which consolidated the law relating to Agricultural Holdings (see that title). S. 57 of this last Act defines a 'market garden' as meaning 'a holding cultivated wholly or mainly for the purpose of the trade or business of market gardening.' Market garden includes part of private premises so treated, Saunders Jacob v. Yates, (1933) 2 KB 240. Schedule III. gives the special improvements for which a market gardener can claim compensation; and see special provisions in ss. 48 and 49. See HOLDING...
Torrens system
Torrens system [after Sir Robert Torrens (1814-1884), British pioneer in Australia] : a title registration system used esp. in Massachusetts, Hawaii, Illinois, and Minnesota NOTE: When a certificate of title is first applied for in the Torrens system, the title is searched or examined, a court hearing is held (as in a land court), and a decree confirming title and ordering registration (as with the registrar of deeds) is issued. A certificate of title is then given to the owner, after which the property may be conveyed by executing deeds, delivering the certificate of title to be cancelled, and issuing a new certificate to the new owner. The title registered in a Torrens system is usually guaranteed and marketable, making title insurance unnecessary and greatly reducing the time spent researching the state of the title during subsequent conveyances. ...
County Courts
County Courts. The old County Court was a tribunal inident to the jurisdiction of a sheriff, but was not a Court of Record. Proceedings were removable into a superior court by recordari facias loquelam, or writ of false judgment. Outlawries ofabsconding offenders were here proclaimed.Far more important inferior tribunals have now been established throughout England. They were first established in 1846 by 9 & 10 Vict. c. 95, 'the Act for the more easy recovery of Small Debts and Demands in England,' repealed and re-enacted with fourteen amending Acts by the consolidating and amending (English) County Courts Act, 1888 (51 & 52 Vict. c. 43), an Act very materially but very shortly amended by the (English) County Courts Act, 1903 (3 Dew. 7, c. 42), which came into operation on the 1st January, 1905, and raised the common law jurisdiction from 50l. (to which amount it had been raised by an Act of 1850 from the original 20l. under the Act of 1846) to 100l. The number of jurors was also raise...
unmarketable
unmarketable : not marketable ;esp : being or relating to title that a reasonably prudent person would not accept in the ordinary course of business or that is reasonably likely to be the subject of litigation ...
Sale of Goods Act, 1893
Sale of Goods Act, 1893 (English) (56 & 57 Vict. c. 71), codifying the law of the sale of goods, in the same fashion as the law of bills of exchange, promissory notes, and cheques was codified (see CODE) by the Bills of Exchange Act, 1882, and the law of partnership by the (English) Partnership Act, 1890.The parts of the Act are:-I. Formation of the Contact, in which it is provided, amongst other things, that an infant or person by mental incapacity or drunkenness incompetentto contract must pay a reasonable price for 'necessaries' sold and delivered to him; that (re-enacting a part of the Statute of Frauds) a contract for the sale of goods of the value of 10l. or more is not enforceable unless the buyer accept and receive part, or give something in earnest to bind the contract, or 'unless some note or memorandum in writing of the contract be made and signed by the party to be charged or his agent in that behalf'; that a contract for the sale of specific goods which have perished witho...
Stolen goods
Stolen goods. As to restitution, see (English) Larceny Act, 1916 (6 & 7 Geo. 5, c. 50), s. 45, and Arch Cr. Pr., 1934, pp. 293 et seq.Where goods have been stolen and the offender is prosecuted to conviction, the property in the goods so stolen revests in the person who was the owner of the goods or his personal representative, notwithstanding any intermediate dealing with them, whether by selling in market overt (see that title) or otherwise; but if obtained by fraud, etc., not amounting to larceny, aliter, Sale of Goods Act, 1893, s. 24. S. 102, Larceny Act, 1861, prohibits advertising a reward for the return of any property either lost or stolen and intimating that no questions will be asked without apprehension of the person returning the property, under a penalty of 50l.As to the crime of 'receiving' goods knowing them to have been stolen, see RECEIVER OF STOLEN PROPERTY....
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