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Friday, June 10
Immovables- Property which, from its nature, destination, or the
object to which it i s
applied, cannot move itself or be removed.
Homestead
- The home place -- the place where the home is; it is the home
thehouse and the adjoining land where the head of the family
dwells.
Landed Estate
- Ordinarily means an interest in and pertaining to lands. A
person holdingsuch an estate is termed a landed proprietor, and it
is immaterial whetherthe lands are improved or not.
Mortgage- a conveyance of real estate or assignment of personal
property, without
parting with the possession in either case, by way of
hypothecation assecurity for the performance of some act, usually
the payment of money.
Movables- such subjects of property as attend a mans person
wherever he goes, in
contradiction to things immovable; by their nature things
movable may be
carried from one place to another, whether they move themselves,
ascattle, or cannot be rewarded without an extraneous power, as
inanimate
things.
Improvement
- an amelioration in the condition of real or personal property
effected bythe expenditure of labor or money for the purpose of
rendering it usefulfor other purposes than those for which it was
originally used, or more
useful for the same purposes; it includes repairs or addition to
buildings,and the erection of fences, barns, etc.
Hereditaments- things capable of being inherited, be it
corporeal or incorporeal, real,
personal, or mixed, and including not only lands and everything
thereon,
but also heirlooms, and certain furniture which, by custom may
descend tothe heir together with the land.
Chose in action- a right to receive or recover a debt, or money,
or damages for breach of
contract, or for a tort connected with a contract, but which
cannot beenforced with legal action
Color of Title- as apparent title to land founded upon a written
instrument, such as a
deed, levy of execution, decree of court, or the like, it has
theresemblance or appearance of title, legal or equitable, but
which in fact isno title.
- A writing upon its face professing to pass title, but which
does not do so,either from a want of title in the person making it,
or from the defectiveconveyance used;
- A title that is imperfect, but not so obviously so that it
would be apparentto one not skilled in the law
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- Color of title and claim of right are not synonymous; claim of
right doesnot necessarily include color of title; to constitute
color of title, there mustbe a paper title; but claim of right may
rest wholly in parol.
Eminent Domain- the superior right of property subsisting in a
sovereignty, by which private
property may in certain cases be take or its use controlled for
the public
benefit, without regard to the wishes of the owner.
Fee Simple- it is the largest possible estate which a man can
have, being an absolute
estate. It is where lands are given to a man and to his heirs
absolutely,
without any end or limitation put to the estate.
Fee-tail
- an inheritable estate which can descend to certain classes of
heirs only. Itis necessary that they should be heirs of the body of
the ancestor, and
these are proper words of limitation.
Finder
- one who lawfully comes to the possession of anothers personal
property,which was then lost. The finder of the lost property at
common law had avalid claim to the same against all the world
except the true owner.
Gift
- a voluntary conveyance or transfer of property; that is, one
not foundedon the consideration of money or blood.
Incumbrance
- any right to, or interest in, land which may subsist in third
persons, to thediminution of the value of the estate of the tenant,
but consistently with
the passing of the fee by the conveyance.Lien
- a hold or claim which one person has upon the property of
another as asecurity for some debt or charge.
- The right which one person possesses, in certain cases, of
detainingproperty placed in his possession belonging to another,
until some demand
which the former has be (sic) satisfied.
