Category: D

Conveyances which presuppose some other conveyanceprecedent, and only serve to enlarge, confirm, alter, restrain, restore, or transfer theinterest granted by such original conveyance. They are releases, confirmations,surrenders, assignments, and defeasances. 2 Bl.

This term, used in a will in relation to the management and distribution ofproperty, has been interpreted by the courts with different shades of meaning, varyingfrom the mere expression of a preference

L. Fr. Unreasonable. Britt. C. 121.

Lat. He detains. In old English law. A species of action of debt, which lay for the specific recovery of goods, under a contract to deliver them. 1 Reeves, Eng. Law, 159.In

In insurance. Varying from the risks insured against, as described inthe policy, without necessity or just cause, after the risk has begun. 1 Phil. Ins.

The office of a deacon.

Lat In Roman law. This name was given to a notice promulgated by amagistrate of his intention to present an impeachment against a citizen before the people,specifying the day appointed, the name

In old English law. The day of meetin of English and Scotch, which was annually held on the marches or borders to adjusttheir differences and preserve peace.

The ordinary name of the Pandects of Justinian, which are now usuallycited by the abbreviation “Dig.” instead of “Ff.,” as formerly. Sometimes called “Digest,”in the singular.

Incompleteness. A word signifying that the record sent up from anInferior to a superior court for review is incomplete, or not fully certified. In such casethe party may suggest a “diminution of

Immediate; by the shortest course; without circuity; operating by animmediate connection or relation, Instead of operating through a medium; the oppositeof indirect.In the usual or natural course or line; immediately upwards or

The repudiation of a former transaction. The refusal by one whohas the right to refuse, (as in the case of a voidable contract,) to abide by his formeracts, or accept the legal

In practice. Thetermination of an action, in consequence of the plaintiff’s omitting to continue the processor proceedings by proper entries on the record. 3 Bl. Comm. 296; 1 Tidd, Pr. 678;2 Arch.

In English law. To deprive lands of that principal quality of gavelkindtenure by which they descend equally among all the sons of the tenant. 2 Wood. Lect70; 2 Bl. Comm. 85.

The dismissal of an action, suit, motion, etc., is an order or judgmentfinally disposing of it by sending it out of court, though without a trial of the issues involved.Frederick v. Bank,

When a person, by reason of his ]>overty, is admitted to sue in formalpauperis, and afterwards, before the suit be ended, acquires any lands, or personalestate, or is guilty of anything whereby

A presumption of law, which may be rebutted or disproved. See PRESUMPTIONS.

In old law. To break open a seal. Whishaw. Dissimilinm dissimilis est ratio. Co.Litt. 191. Of dissimilars the rule is dissimilar. Dissimnlatione tollitnr injuria. An injury is extinguished by the forgiveness or

A writ authorizing an officer to made a distraint; particularly, awrit authorizing the levy of a distress on the chattels of a tenant for non-payment ofrent. Bailey ville v. Lowell, 20 Me.

A writ of distringas, directed to the coroner, may be issued against a sheriff if he neglects to execute a writ of venditioniexponas. Arch. Pr. 584.