Page:Black's Law Dictionary (Second Edition).djvu/367

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DERELICTION

i7‘i'.-izier, 51 La Ann. 1718, 26 South. 373, 72 din. St. Rep. 493.

In the civil law. 'l'he voluntziry nb.iindmunent of goods by the owner, without the hope or the purpose of retunilng to the pos- SI':SlDii. Jones v. Nunii, 12 Ga. 473; Liveriuure F. White, 74 Me 456, 43 Am. Rep. 600.

Dex-ivntiva. potestas non potent ease major primitivn. Noy, M:ix.; Wing. Max. ms. The derivative power cannot be greater llI.ll] the primitive.

DERIVATIVE. Coming from another; uiien from something preceding; secondary; llll which has not its origin in itself, but uwes its existence to something forL-gui.ng. -Derivative conveyances. Conveyances \'.lll|.'li presuppose some other conveyance piec- ui-nt. nnd only serve to eniiirge, _conilrn.\, alter, so-uuin. restore, or transfer the ilJt('1‘(‘St grant- M by such original i'.'0l.1\E_yiiLll,e. They are re- iuo-s, L-onfirinatiuns, snrr:.nders,7 assignments, ziuu defeasuui.-es. 2 Bl. Comm. 3‘. .

DEROGATION. The partial repeal or .iboli.s-hing of a law, as by a subsequent not which limits its scope or lmpuiis its utility .iul force. Distinguished from abrogation, ivliizh means the entire repeal and nnnul- ment of a law. Dig. 50, 17, 102.

DEROGATORY CLAUSE. In a ‘will, this is E sentence or secret character iuseited by the testator, of which he reserves the knowledge to himself, with a condition that no \n'll ‘he may in.-ihe thereafter should be lnlid, unless this clause he inserted \\0i'd for uurii. This is done as :1 precaution to guard against later wills being exturtcd by violence, or otherwise improperly Dbl'i‘lil'iEd. By the law of England such I1 clause would be void, as tending to make the will irrevocable. Whnrl.on.

Derogntur 1egi_ cum pal-s detx-nliitur; nbi-ngatnr legl, cum prorsus tollitnr. To iluugute from a law is to take nway part of it; to nbrog.-ite a law is to abolish it entire- ly. mg. 50, 17. 102.

An ir- violence

DESAFUERO. In Spanish law. regular action committed with uguinst law, custom, or reason.

DESAMORTIZACION. In Mexican law. The ilcsumart-izucion of property is to take lt out of mortniain, (dead hands ;) that is, to unloose it from the griisp, us ll: were, of B('(‘1('Sli1SU(‘nl or civil corporations. The term has no equivalent in English. Hall. Mex. Lliw, § 749.

DESCEITDANT. One who is descended from another; a person who proceeds from Lhe body of another. such us a child. grand- child el:c.. to the remote-st degree. The term is the opposite of “-151 endant," (q 12.)

llesceridnnts is a good term of description

359

DESCENT

in a will, and includes all who proceed from the body of the person named; as grandchil- dren and grant-gr.inilChildren. Ainb. 397; 2 Hil. Real. Prop.

D ESCEND ER. See l-‘oiiiinnoiv.

Descent; in the descent.

DESCENZDIBLE. Capable of passing by descent, or of being inherited or tidiismiitcd by devise, (spoken of estites, titles, oitlces, and other property.) Collins v. Smith, 105 Go. 525, 3] S. E. 449.

DESCENT. I-Ierexlltary succession. Succession to the ownership of an estate by inheritnnt-e, or by any act of law, as distin- guished from "purchase" Title by descent is the title by which one person. upon the death of another, in-quires the real estate at the latter as his hcir zlt law. 2 Bl. Comm. 201: Com. Dig. "Descent," A Adams v. Akcrlund, 168 Ill. 632. -18 N. E. 454; Sl..'iir V. fliiuillton, 22 Fed. Ciis. 1.1 ’ In re Dunnhue's Estate, 36 Cal. 32.9 hippen v. Izard. l Serz. & R. (I’i1.) 224; Brower v. llunt, 18 Ohio St 338; Allen v. Bliind, 134 Ind. 78, 33 N. E. 4.

_ Classification. Di-scents are of two sorts, lmrul and collateral. Liuenl Llcsicc-iit is Ii ~.:ent in :1 direct or right line. us from father or graniifiitbcr to son or grzinilsnn. Collateral de- er:-nt is dcsccnt in a collateral or 0i'Jll(]llP line. that is. up to the common Hn('eS[\')l' and then down from him, as from brother to brother. or hem con cousins. Levy v. MLC'ii“lPe. 6 Pet. 112, S l. Ed. 33-}. They are also (lisiinguished into mcdiule nnd minmdilzte ilescr-urs. But these terms are used in (liiferent senses. A dr-scout may be said to be a uiuliate or il.‘lJl.lJ(‘(li‘l[e descent of the estate or right: or it uiny be siiid to be mediate or iinmi-dinre. in regard to the med" t- or imnicdiaiincss of the p-ill-_~i-ce or

fnili '. lies in possession. to the griindcbild. the fnlhcr bring ihrn dciid, or from the uncle to the nephew, the brother bi-ing dmd. nicr sense, in law, immediate d--scc t. ulthmi-rh the one is colinteral and the other linenl: for the heir is in the per, and not in the par and cm‘. On the other hand, with refercucn to the line of podigzrne or consanguinity, a :1. rent is often snid to be immediate. “hen the ulJ(*4-star from whom the party derives his hlnod is im- mediate, and without any mtnrvening link or degrees: and mediate. nhen ii-e kindred is darivoil from him in:-rliauite alrciu, another unrestor intervening heiwecn them. Thus :1 descent in lineuls from father to son is in tlii. sense im- mediate: but u descent from gran father to grandson, the hither being dead, or iron: uncle to nephew, the lli"0[hcl' being Plead. is deemed mediate; the father and lho brother being. in tho - lntter uzsns, the nicilnum 0- /errmz us it is

cal rd, of the descent or consau;zniuit_v Levy V. MeCartee, G Pet 112 8 L. Ed 334: Furcnes v. Ivfickelsnn. 36 low fl. 5708. ' N 416:

Garner v. Wood. 71 Md. 37. 17"An.'1on'1.

Descent was denoted. in the Roman law. by the term “succcsxiu," which is also used by Bracton, and from \$ hi_ch has been derived the succession of the Scotch iind French ju- risprudence.

—I)escent cast. The devoliing of l'("llt_V up- u!) the heir on the death of his ant-esinr iI'itrS- tutu.

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