Garnishment: The process by which a person owing money to the defendant in a case may be compelled to pay it in to the court to satisfy a claim against the defendant.

Good Will: A property right attaching to a business and arising from its established trade and reputation.

Hereditament: Any species of property that may be inherited.

Inchoate: Commenced, but not completed; imperfect.

Incorporeal: Intangible; existing only in contemplation of law, as a franchise

or right of way.

Incumbrance: A burden or lien upon property.

Indemnity: A compensation for damages suffered.
Indenture: A deed or sealed agreement.

In Esse: In existence.

Insolvency: State of being unable to pay one's debts.

In Statu Quo: In the same state or condition as before.
Inter Vivos: Between the living.

Intestate: One who dies without making a will.

Invalid: Of no legal force.

Issue: Offspring; in real property law, all persons who have descended from

a common ancestor.

Judgment: The final determination by a court of the rights of the parties in an action.

Jurat: The certificate at the end of an affidavit showing when and before whom it is verified (sworn to).

Jurisdiction: The legal authority of a court.

Lease: A contract granting the possession and use of real property.
Legacy: A gift by will.

Legal Tender: Those kinds of money which a creditor must accept as a valid offer of payment.

Lessee: A person holding real property under lease; a tenant.

Lessor: A person who has leased real property to another; a landlord. Letters of Administration: An instrument issued by the court having jurisdiction, granting power to settle the estate of one dying without leaving a will.

Letters Testamentary: An instrument issued by the court having jurisdiction, granting power to the person named as executor in a will to carry out the provisions of the will.

Levy: Taking legal possession of chattels by an officer of the law, under a writ of execution.

Lien: A right a person has against the property of another by way of security for a debt.

Liquidated Damages: The sum of money agreed upon in advance by the parties to a contract, to be paid in case of breach.

Litigation: A suit at law.

L. S.: Locus sigilli, meaning "the place of the seal."

Mandamus: A writ issued by a superior court to an inferior court or to an officer, commanding something to be done.

Maturity: The time at which a negotiable instrument is legally due.

Merger: The absorption or extinguishment of one thing in another; as of contracts or corporations.

Nominal Damages: Those given for the violation of a right from which no actual loss has resulted.

Non Compos Mentis: Not of sound mind.

Non-suit: The name of a judgment given against a plaintiff when he is unable to prove his case.

Ordinance: An act or law passed by a municipality.

Outlawed: Uncollectible because too old. A debt is outlawed when it is barred by the Statute of Limitations.

Par: Face value. Bills of exchange, bonds, and stocks are at par when they sell for their face value.

Paramount Title: The title to property which will prevail when a dispute as to ownership arises.

Parol Contract: Any contract not under seal; usually, an oral contract. Perjury: A willfully false statement made by a witness in judicial proceedings.

Per Se: In or by itself; essentially. For example, an act which is not
negligent per se may be negligent under certain circumstances.
Plaintiff: The person who brings an action at law; the complainant.
Post-dated: Bearing a date subsequent to the true date.

Probate: The act or process of proving a will.

Prima Facie: At the first appearance. Prima facie evidence is that which is sufficient to establish a fact unless it be controverted.

Prosecute: To proceed against by legal measures.

Protest: A formal declaration in writing by a notary public of the demand and refusal to pay a note or bill.

Proxy: (1) One who represents another. (2) A writing by which one authorizes another to vote in his place.

Quantum Meruit: As much as he deserved.

Quantum Valebat: Whatever it was worth.

Quasi: As if; corresponding to.

Quitclaim Deed: A form of deed in the nature of a release, granting whatever interest the grantor has or may have.

Ratification: Approval; giving force to a contract which otherwise is not binding.

Receiver: A person appointed to hold and manage property in dispute, the property of an insolvent, or the property of a dissolved corporation. Recoupment: A reduction in amount of damages on account of a breach of warranty or defects in performance.

Release: An instrument by which some claim or interest is surrendered to another person.

Remainder: An estate in real property to take effect after another's estate is

terminated.

Replevin: An action to recover the possession of goods wrongfully taken and retained.

Rescission: The annulling or dissolution of a contract either by mutual consent or by one party.

Residuary Legatee: The person named in a will who has the residue of the property after the payment of the other legacies specially mentioned in the will. Sometimes the words legacy and legatee are restricted to personal property; then devise and devisee are used for real property. Severance: The removal of fixtures from the land.

Specialty: A contract under seal.

Specific Performance: Performance of a contract according to its terms. SS.: Abbreviation for the Latin word scilicet, meaning to wit; that is to

say.

Status: Standing state, or condition.

Statute: A law made by a legislature.

Statute of Frauds: An English statute, reenacted in varying form in the different states, requiring certain contracts to be evidenced by a written memorandum in order to be enforceable.

Statute of Limitations: A statute barring action unless begun within a certain time after the debt is due and payable.

Subcontract: A contract made by one who has contracted to perform labor or services, for the performance of all or part of such labor or services by another.

Subpœna: A writ commanding the attendance of a person to testify as a witness in court.

Subrogation: The substitution of one person or thing in the place of another, particularly the substitution of one person in place of another as a creditor, with a succession to the rights of the latter.

Survivorship: The right of the survivor or survivors, of two or more persons having joint interest in an estate or other property, to take the interest of any of the number dying.

Testator: A person who makes a will.

Tort: A private wrong or injury, other than that arising from the breach of a contract, for which damages can be collected.

Trespass: Any wrongful act by one person whereby another is injured; especially, unlawful entry upon the land of another.

Uberrima Fides: The most perfect good faith.

Ultra Vires: Beyond power. The acts of a corporation beyond the scope of its powers are acts ultra vires.

Underwriter: Insurer.

Unilateral Contract: A contract in which an offer in the form of a promise is accepted by an act. Usury: Illegal interest.

Venue: The place in which an event occurs.

Vested: Already in force.

Waiver: The abandonment of a right, or a refusal to accept it.

Ward: A minor under guardianship.

Wharfinger: One who keeps a wharf for hire for the purpose of receiving

and shipping goods.

Writ: An instrument issued from a court, requiring or authorizing the performance of an act.

INDEX