Page:Black's Law Dictionary (Second Edition).djvu/1166

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TITLE 11

cunisuiuce of occupying the estate is the weakest species of evidence of the occupier's right to such possession. The word is defined by Sir Edward Coke thus: Titulu: eat iusla cause pnssidcndi id quail nastrum cat, (1 inst. 34:) that is to say, the ground, whether purcba_e, gift, or other such ground of acquiring: “titu- lus" being distinuuished in this i'<‘sp(‘r‘lt from “mmlus a-cquiremli," which is the trad/itia, i. o., deliu-ry or conveyance of the thing. Brown.

Title is when a man hath lawful cause of entry into lands whereof another is seised: and it signifies also the means wlicrohy a man comes to lands or tenements, as by feofinient, last will and testament, etc. The word “title' includes a rifit, but is the more general word. Every right is a title, though every title is not a light for which an action lies. Jaco

h. See also Donovnn v. Pitcher, 53 Ala. 411, 25 Am. Rep. (:34; Kamphuuse v. Gallner. 73 Ill. -1' I‘ nnil_l v. Cole.

333: Hunt v. .4; ; Luienth 112 Ala. 108, 20 South. 419. 33 L. R. A. 253. 57 Aux St. Rep. 17; v. Brovinnll. i. 414: Roberts v. iV1-ut- worth 5 Cush. (Mass) 193; Campfieid v. John- . J. Law, ' Pratt v. Fountain,

v. iiome Ins.

sou. él

A tit c is a lawful cause or ground of possessing that which is ours. interest primarily it includes the terms “estate,‘ ,. and “lltle," has latterly come often to men less, and to be the same as “concei-n." “share. and the like. Merrill v. Agricultural Ins. Co., 73 i\'. Y. 456, 29 Am. Rep 184.

The investigation of titles is one of the pricnipal branches of conveyancing, and in that practice the word “title” has acquired the sense of “history," rather than of ‘‘right," Thus, we speak of an abstract of title, and of investigating a title, and describe a document as forming part of the title to property. Sweet

In pleading. The right of action which the plaintiff has. The declaration must show the piainlzilf s title, and, it such titie be not shown in that instrument, the defect cannot be cured by any of the future pleadings. Bac. Abr. “Pie-is," etc., B 1.

In procedure, every action, petition. or other proceeding has a title, which consists of the name of the court in which it is pending, the names of the parties, etc. Admin- istration actions are further distinguished by the name of the deceased person whose estate is being ndnilnlslered. Every pleading, summons, aliidnvit. el:c.. commences ivlth the title. in many cases it is suliicient to give vilial is called the “short title" of an action. namely, the court, the reference to the l‘L‘COFi'l, and the surnames of the first pinintiff and the first defendant. sneer. —Abaolute title. As upplied to title to land, an "nbsolute" title menus an exclusive title. or at least a title which excludes all others not compatable with it; an absolute title to land cannot exist at the some time in different persons or in ditferent governments. Johnson v. Mcintosh. S YVhv=at. 543. 588. 5 L. Ell. 651.- Abstract of title. See that title.—Ad.wer-so title. A title sct up in opposition to or dz.- fensance of another title, or one acquired or claimed by adverse posse-ssion,—Bnnd fur tit_1e. See BOND. Chain of title. See that htlc.—Cnlox' of title. See tliiil. titlc.—Covenants for title. Covenants usually inserted in a cuuve_van_ce of land, on the part of the grantpr, and binrling him for the completeness, security, and continuance of the title transferred to the grantee. They comprise "covenants for seisin, for right to convey, Qaiusl: incum-

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58 TITLE

brances, for quiet enjoyment, sometimes for further assurance, and almost always of warranty." Rawle, Gov. § 2I.—Doubl:fnl title. See that titie—Equita.ble title. An emula- hle title is a right in the party to whom it be- long‘-: tDbl]8.VlE the legal title ftransferred to l1tl:‘l; or e ene cinl interest 0 one rson iv in equity regards as the real owner.pi:lt.hough the legal title is vested in another. Tii_\-gerson v. V‘ hitbccli, 5 Utah, -106, 16 Pac. 403: Buiingcr \-. Lutz, 188 Pa. 364, 41 Atl. 6-l3.—Impei-feet title. One which requires a further exercise of the granting power to pass the fee in lanll, or which does not convey full and absolute do- minion. Paschal v. Perez, 7 Tex. 367: Paschal v. Dangerfield, 37 Tex. 300.—Legu.l title. One cognizable or enforceable in :1 IJrIul'[ of law. 01' one which is complete and p-err I so far as D‘? gards the apparent right of on u, and Diu- session, but which carries no henchunl inbmt in the property. other person being eqnialty entitled tin-rcto: in either case, the aiilitucs of ‘equilalile t.itle."—I.ncrntive title. in the civil law, title ncquireri without the giiing of any thing in exchange for it; the title by which a person acquires anything which comes to him as a. clear gain, as, for instance, by gift. descent. or devise. Opposed to “onerous title." Is to which_ see iiifm.—1Vla.rketab1e titl_e._ F42 that title.—O:nerous tit§e.b Ini the civil Igvr. tite to )l'L7]li’ll'y acquire y e giving o a valuable [consideration for it, such as the pa“- ment of money, the renrlitloili] of serv-icr-, iii; poi-forinnnce of conditions, t e assumption 0 obligations, or the dj -harge of liens on the property: opposed to ‘lucr:itive" title, or one acquired y _i.-' ‘t or otherwise without the giving of an equiialeuL See Scott v. Ward. 13

Cal. 471: lxircher v. 1\Iui'rsy (C. C.) 5-1 Fed. 62-1; Yates v. Houston, 3 Tex. 4 v. Cll. Code La. 1900. nrt. 3.356. suhd. Paper ti-

tle. A title to land evidenced by a coruievai-e or chain of conveyances; the term generally implying that such title, while it has color or plausibility. is without substantial validity.- Passive title. In Scotch law. A title incurred by an heir iu heritage who does not enter as heir in the regular way, and therefore incurs liability for all [be debts of the decedent, irre- FDCCIIVB of the amount of assets. Paterson.- Perfeet title. Various meanings have been attached to this term: (1) One which shows the absolute right of possession and of property in a particular person. Henderson v. Bcntty. 124 Iowa. 163. 99 N. W. 716: (‘onveise v. Kellogg. 7 Barb. (N. Y.) 590: Wilcox Lumber Co. V. Bullock. 109 Ga. 532. 35 S. E. 5-; Donovan v. Pitcher, 53 Ala. 411, 25 Am. Rep. 63-}. (2) A grant of kind which requir s no further act from the legal authority to constitute an nhsnlute title to the land taking eticcl at once. Fiacnock v. Mclxinney. 7 Tex. 457. (3) A title which does not disclose a patent defect suggesting the poihility of :1 lawsuit to defend it; ii title such as a ivcll-informed and prudent man pn}ing full value for the property would he willing to take. Birge v. Bock. 4-1 Mn. App. '77. (4) A title which is good both at law and in equity. Wnrncr v lililldlx-sex Mut. Assur. Co. 21 Conn. 4-19. (5) One which is good and valid bcynnd nil reasonable doubt. Sheehy v. l\Iil4', 93 f‘al. 283. 25% Pac. 1046; Reynolds v. Iinrel. 86 Cal. 539. 25 Pac. 67. J A marketable or merchantuhle title. Ross v. Smiley, 18 Colo. App. 20-}. 70 Pac. 766: Mr:Clearv v. Cbipinan. 32 in-1, app. 489. 68 N. 3'>O.—i>:-esumptive title. A barely presumptive title, which is of the very lowest order, arises out of the mere occupation or simple possession of property. (jus posses-rionis,) wi out any nlipareiit right, or any pretense of right, to hold and continue such p0SSl'SSiOl1.—RecDrfl title. See RECDIm.—Si:iigi1lar title. The title by which a party acquires properly us a siiimilar sucnessor.—-Tnx title. See TAX.—'l'itle-(lcells.

Deeds which constitute or are the evidence of