Money - Law Dictionary Search Results
Home Dictionary Name: money Page: 2Money had and received
Money had and received. When a person receives money which in justice and equity belongs to another, as a rule a debt is created and the money can be recovered by an action for 'money had and received to the use of the plaintiff', See Moses v. Macferlan, (1760) 2 Burr 1005; Marriott v. Hampton, (1797) 7 TR 269; 2 Sm. L.C. (11th Edn.) 421. But the action cannot now be extended beyond the principles illustrated in the decided cases, see Sinclair v. Brougham, 1914 AC 453, per Lord Sumner, where the true nature of the action is discussed. The cause of action arises when the money is received and not earlier, see Bowling v. Cox, 1926 AC 751 (754)....
Vendor's lien for unpaid purchase money
Vendor's lien for unpaid purchase money. Where a vendor of land conveys, without more, although the consideration is expressed to be paid both in the body of the deed and by a receipt endorsed on the back of it, still if the money or part of it was not in fact paid, a lien arises as between the vendor and the purchaser, and persons claiming as volunteers, for so much of the purchase money as remains unpaid. The mere giving of security will not prevent the lien arising, unless it appears that the security was to be substituted for the lien. Similarly a purchaser will have a lien for prematurely paid purchase money, see Mackreth v. Symmons, (1808) 15 Ves 329; 1 W &TLC.If the lien arose before 1926 and was not transferred after 1925, a purchaser for value of the legal estate in the land from the original purchaser will take it subject to the lien if he had notice of it, and in all cases where a pre-1926 lien has been transferred or a lien has arisen since 1925, it must be registered under...
Key money
Key money, means (1) Payment (as rent or security) required from a new tenant in exchange for a key to the leased property (2) Payment made by a prospective tenant to a landlord or current tenant to increase the chance of obtaining a lease in an area where there is a housing shortage. Key money in the first sense is a legal transaction; Key money in the second sense is usu. an illegal bribe that violates housing laws. Black's Law Dictionary, 7th Edn., p. 873....
Swarf-money
Swarf-money, warth-money or guard-money, paid in lieu of the service of castle-ward.A payment made in lieu of service of maintaining a lord's castle, Black's Law Dictionary, 7th Edn., p. 1461....
Purchase money
Purchase money, means the sum for which anything is or may be purchased, The Oxford English Dictionary.Purchase money, refers to the price of that which was the subject-matter of purchase and sale. Giving natural construction to the words used, it is the entire amount which has to be paid by the vendee either to the vender, or to some other person or persons, apart from the vendor, in order to acquire title in the property which constitutes 'purchase money', Dukhan Sah v. Gajendra Sah, AIR 1984 Pat 368 [see also Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1962, s. 16(3)(i)]...
Money counts
Money counts. Simple contracts, express or implied, resulting in mere debts, are of so frequent occurrence as causes of action, that certain concise forms of counts were devised for suing upon them. These were, before the Judicature Acts, called the ibdebitatus, or common money counts, or money counts....
Milled money
Milled money, money with regular marking on edge of coin; coined money...
Cert Money
Cert Money, quasi certain money. Head-money paid yearly by the residents of several manors to the lords thereof, for the certain keeping of the let, and sometimes to the hundred. It is called certum let' in ancient records....
Conduct-money
Conduct-money, money paid to a witness for his travelling expenses. Testes qui postulat debet dare eis sumptus competentes. (He who requires witnesses must find their expenses to a sufficient extent.)-Reg. Jur. Civ. A witness whose expenses are not paid may refuse to give evidence, it being provided by the still unrepealed 5 Eliz. c. 9, that a witness 'having tendered to him, according to his countenance or calling, such reasonable sums of money' for his expenses, 'as having regard to the distance of the places is necessary,' is to forfeit 10l., and yield further recompense to the party grieved, etc.; and see Hallett v. Mears, (1810) 13 East 15; 12 RR 296, and note to the effect that unless the whole necessary expenses of the journey to and from the place of trial, and of the witness's necessary stay there, be tendered with the subp'na, the Court will not grant a subp'na for the non-attendance of the witness at the place of trial....
Chimney-money or Hearth-money
Chimney-money or Hearth-money, a Crown duty for every fireplace in a house, 14 Car. 2, c. 2. It appears to have been a most odious tax (see Macaulay's Hist. of Eng. Ch. iii.) and was repealed by a Wm. & M. sess. 1, c. 10....
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