Page:Black's Law Dictionary (Second Edition).djvu/275

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


CONVENTUAL CHURCH

elgn countries as to the apprehension and extradition of fugitive offenders. See Examslli'il0N.

CONVENTUAL CHURCH. In ecclesi- astical law. That which consists of regular cieiks, professing some order or religion; or of dezin and chapter; or other societies of splrliuai men.

CONVENTUALS. Religious men united in a convent or religious house. Cowell.

OONVENTUS. Lot A coming together; a convention or assembly Conoentus magna- mm 1291 proccrum (the assembly of chief men or peers) was one of the names at the English puriiiunont. 1 Bl. Comm. 148.

In the civil law. The term meant a

gathering together of people; a crowd asseaibied for any purpose; also a convention. pact, or bargain. —Coni7ontus ,|iu-idicna. In the Romnn_ law. A court of srssions held in the Roman provinces. by the president of the province, assisted by ii n-rniin number of counsellors and assessors, at fi\'ed periods, to hear and determine suits, and to provide for the civil administration of the province Schin. Civil Law, Introd 17.

CONVERSANT. One who is in the hab- it of being in a particular place is said to be C0i2IV(:lSlil.lI_ there. Barnes, 162, acquainted; familiar.

CONVERSANTES. In old English law. Lunvcrsant or dweliing; corninorunt.

CONVERSATION. Manner of living; iiiiluts of life; conduct; as in the phrase ‘(haste life and conversation." Bradsiiziw V. People, 153 iii. 156, 38 N. E. 652. “Criniinal Lunversation" inc ins seduction of another man's wife, considered as an actionable in- juiy to the hushaiid. Prettvaian v. Wiiii:unson, 1 Penncivili (Del.) 22-}, 39 Atl. 7.-S1; Lroclier v. Crocker. 98 Fed. 702.

CONVERSE. The transposition of the sulgert and predicate in a pi-oposition, as: ‘Everything is good in its place." Coiioerse, 'i\'oiiiing is good which is not in its place.” \\ bartoa.

CONVERSION. ]'.n equity. The transfiimntion of one species of property into an- rtiiur as money into land or land into mon- - more particuiariy, a fiction or law, by w ch eqnity assumes that such a transformation has taken place (contmry to the fail) when it is rendered necessary by the equities or the case,—as to carry into eifect the directions of a will or settlement,—:u1d by which the property so dealt with becomes iiiirsted with the properties and attributes of that into which it is supposed to have been converted. Seymour v. Freer, 8 Wall. 21-1, HI L. Ed. 306; Iiaward v. I'eavey, 128 iii. 11730. 21 N. E. 503, 15 Am. St. Rep. 120;


267

CONVE YANCE

Yerkes v. Yerkes, 200 Pa 419. 50 Atl. 186; Appeal of Clarke, 70 Conn. 195, 39 A111. 155.

At law. An unauthorized assumption and exercise of the right of ownership over goods or peisonui chattels belonging to anuLlier, to the alteration of their condition or the exclusion of the owner's rights. Baldwin 1. Cole, 6 Mod. 212; Trust 00. v. Tod. 170 N. Y. 933, 63 N. E. 28”; Boyce v. Brockwiiy, 31 N. Y. 490; University v. Bani; 96 N. C. 280, 3 S. E. 359; Wehber v. Davis, 44 Me. 147. 69 Am. Dec 87: Gllman v. Hill. 36 N. H. 311; Stough v. Stefani, 19 Neb. 468, 27 N. W. 445; Schroeppei v. Corning. 5 Dcnio , Ascherniann v. Brewing Co., -15

—Constrnctive conversion. An implied or virtual conversion, which takes place where a person does such acts in reference to the goods of another as amount in law to the appropriation of the propeiiy to himseif Struggs v. Scruggs (C. C.) 11 Fed. E: Lavcrty v. Smithen, 68 N. Y. 524, 23 Ara. Rep. 184

CONVEY. To pass or transmit the title to property from one to another; to transfer property or the title to property by deed or instrument under seiiL

To convey real estate is, by an appropriate instrument, to transfer the icgni tiiie to it from the present ovinor to another. Ahendroth v Greenwicb, 29 Conn. 336.

Convey reiates proper-iy to the disposition of real property. not to personal. liickeriniin V. Abraliams. 21 Barb. (N. Y.) 551, 561.

CONVEYANCE. In pleading. duction or inducement.

Intro-

]'.n real property law. The transfer of the title of land from one person or class of persons to another. Klein v. McNamara. 54 Miss. 105; Alexander v. State, 28 Tex. App. 186, 12 S. W. 5135; Brown v. Fitz. 13 N. 11. 283; Pickett v. Bucl-tner, -15 Miss. 245; Dick- ernian v. Abrabams, 21 Barb. (N. Y) 551.

An instrument in writing under seal, (acnieiitly termed an "assuiance,") by which some estate or interest in lands is transferred from one person to :Lnother; such as a deed. mortgage. etc. 2 Bl. Comm. 293, 295, 309.

Conveyance inciudes every instrument in writing by which any estate or interest in reni estate is ere-uteri. uliened, moitgnged, or assigned, or by which the title to any real estate may be aiZt'L-cted in law or equity, ex- cept last wilis and testainents. leases for I term not exceeding three years, and executory contracts for the sale or purchase of lands. 1 Rev. St. N. Y. 11. 762, § 38; Gen. St. Minn. 1878, c. 40, I 26; How. St. Mich. ISS2, § 5689.

The term “conveyance," as used in the Cal.l[or1iia Oode, embraces every instrument in writing by which any estate or interest in real property is created, alicned, mortgaged, or incnniivered, or by which the title to any real property may be aifectod. except wills. Civil Code Cal. § 1215.

—Absi)1nte or conditional conveyance. An absolute conveyance is one by which the

H

|—