In property. The most general term that can be employed to denote a property in lands or chattels. In its application to lands or things real, it is frequently used in connection with the terms “estate.” “right,” and “title,” and, according to Lord Coke, it properly includes them all. Co. Litt. 345 ft. See Ragsdale v. Mays. 65 Tex. 257; Hurst v. Hurst, 7 W. Va. 297; New York v. Stone, 20 Wend. (N. Y.) 142; State v. Mc- Kellop, 40 Mo. 185; Loventlial v. Home Ins. Co., 112 Ala. 110. 20 South. 419, 33 L. R. A. 258, 57 Am. St. Rep. 17. More particularly it means a right to have the advantage accruing from anything; any right in the nature of property, but less than title; a partial or undivided right; a title to a share. The terms “interest” and “title” are not synonymous. A mortgagor in possession, and a purchaser holding under a deed defectively executed, have, both of them, absolute as well as insurable interests in the property, though neither of them has the legal title. Hough v. City F. Ins. Co., 29 Conn. 20, 76 Am. Dec. 581.
Written and fact checked by The Law Dictionary