Nuper Obit - Law Dictionary Search Results
Home Dictionary Name: nuper obitNuper obit
Nuper obit (he lately died), an abolished writ that lay for a sister and co-heir, deforced by her coparcener of lands or tenements, whereof their father, brother, or any other common ancestor died seised of an estate in fee simple, Fitz. N.B. 197....
Obit
Obit [a corruption of the Latin obiit, or obivit, he died], a funeral solemnity or office of the dead; the anniversary office.The tenure of obit, or obituary, or chantry lands is taken away by 1 Edw. 6, c. 14, and 15 Car. 2, c. 9.Obit, means (1) A memorial service on the anniversary of a person's death (2) A record or notice of a person's death, an obituary, Black's Law Dictionary, 7th Edn., p. 1100....
Post-obit Bond
Post-obit Bond. A bond, conditioned to be void on the payment by the obligor of a sum of money upon the death of another person. in most cases the person upon whose death it is so payable is one from whom the obligor expects to derive some property. Post-obit bonds, and other securities of a like nature, are set aside, when made by heirs and expectants, as frauds upon the parents and other ancestors, unless the person dealing with such heir can prove satisfactorily that the stipulated payment is not more than a just indemnity for the hazard. Even the sale of a post-obit bond at public auction will not necessarily give it validity, or free it from the imputation of being obtained under the pressure of necessity. See BOND; EXPECTANT HEIR....
Obiter dicta
Obiter dicta, in the course of the argument and decision of a case, not infrequently, many incidental questions arise which may be indirectly connected with the main question for considera-tion. The observations on such questions, whether they be casual or of collateral relevance are known as 'obiter dicta' or simply 'dicta', Marta Silva v. Piedade Cardozo, AIR 1969 Goa 94 (101). (CPC, 1908, Preamble)...
Obitual
Of or pertaining to obits or days when obits are celebrated as obitual days...
Bond
Bond [fr. binda, band, bunden, A. S., to bind], a written acknowledgement or binding of a debt under seal. See DEED. No technical form of words is necessary to constitute a bond; see Gerrard v. Clowes, (1892) 2 QB 11; Strickland v. Williams, (1899) 1 QB 382. The person giving the bond is called the obligor, and he to whom it is given the obligee. A bond is called single (simplex obligatio) when it is without a penalty, but there is generally a condition added, that, if the obligor does or forbears from some act, the obligation shall be void, or else shall remain in full force, and the bond is then called a double or conditional one; see Dav. Prec. Vol. V., pt. Ii., p. 268. When a bond contains a penalty, which is generally double the amount of the principal sum secured, only the sum actually owing, with interest, can be recovered, and in no case can this exceed the amount appearing on the face of the bond. See 8 & 9 Wm. 3, c. 11, s. 8; Re Dixon, (1900) 2 Ch 561.Although it is unnecessa...
Distringas
Distringas (that you distrain), anciently called constringas, a writ addressed to the sheriff, and issued to effect various purposes. The cases in which it was used in Common Law proceedings may be thus stated:-(1) a distringas to compel appearance, where defendant had a place of residence within England or Wales. The writ was abolished by the (English) C.L.P. Act, 1852, s. 24, and the practice provided for by s. 17 substituted in its stead.(2) A distringas nuper vicecomitem, to compel the late sheriff to sell goods, etc., or to bring in the body.(3) A distringas in detinue, a special writ of execution to compel defendant to deliver the goods by repeated distresses of his chattels; or a scire facias might be issued against a third person in whose hands they might happen to be, to show cause why they should not be delivered; and if the defendant still continued obstinate, then (if the judgment had been by default or on demurrer) the sheriff summoned an inquest to ascertain the value of ...
obiter dictum
obiter dictum pl: obiter dic·ta [-tə] [Late Latin, literally, something said in passing] : an incidental and collateral remark that is uttered or written by a judge but is not binding : dictum ...
Obit
Death decease the date of ones death...
Post obit
A bond in which the obligor in consideration of having received a certain sum of money binds himself to pay a larger sum on unusual interest on the death of some specified individual from whom he has expectations...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial