Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

Category: D

DECEIT

A fraudulent and cheating misrepresentation, artifice, or device, used by one or more persons to deceive and trick another, who is ignorant of the true facts, to the prejudice and damage of

DECIMATION

The punishing every tenth soldier by lot, for mutiny or other failure of duty, was termed “decimatio Iciiio- nis” by the Romans. Sometimes only the twentieth man was punished, (viccsimatio,) or the

DECLARE

To solemnly assert a fact before witnesses, e. g., where a testator declares a paper signed by him to be his last will aud testament. Lane v. Lane, 95 N. Y. 498.

DECREET OF VALUATION OF TEINDS

A sentence of the court of sessions, (who are now iu the place of the commissioners for the valuation of teinds,) determining the extent and value of teinds. Bell.

DEDI ET CONCESSI

I have given and granted. The operative words of conveyance in ancient charters of feoffment, and deeds of gift and grant; the English “given and granted” being still the most proper, though

D

The fourth letter of the English alphabet. It is used as an abbreviation for a number of words, the more important and usual of which are as follows: 1. Digestuin, or Digcsta,

DALUS, DAILUS, DAILIA

A certain measure of land; such narrow slips of pasture as are left between the plowed furrows in arable land. Cowell.

DAMNUM ABSQUE INJURIA

Loss, hurt, or harm without injury in the legal sense, that is, without such an invasion of rights as is redressible by an action. A loss which does not give rise to

DAY CERTAIN

A fixed or appointed day; a specified particular day; a day in term. Regina v. Con.vers, 8 Q. B. 991.

DE STATE PROBANDA

For proving age. A writ which formerly lay to summon a jury in order to determine the age of the heir of a tenant in capite who claimed his estate as being

DE CALCETO REPARANDO

Writ for repairing a causeway. An old writ by which the sheriff was commanded to distrain the Inhabitants of a place to repair and maintain a causeway, etc. Reg. Orig. 154.

DE CUJUS

Lat From whom. A term used to designate the person by, through, from, or under whom another claims. Brent v. New Orleans, 41 La. Ann. 1098, 6 South. 793.

DE EJECTIONE FIRM2E

A writ which lay at the suit of the tenant for years against the lessor, reversioner, remainderman, or stranger who had himself deprived the tenant of the occupation of the land during

DE EXEMPLIFICATIONS

Writ of exemplification. A writ granted for the exemplification of an original. Reg. Orig. 2006.

DE FURTO

Of theft. One of the kinds of criminal appeal formerly in use in England. 2 Reeve, Eng. Law. 40.

DE INTRUSIONS

A writ of intrusion; where a stranger entered after the death of the tenant, to the injury of the reversioner. Reg. Orig. 233b.

DE MALO

Of Illness. This phrase was frequently used to designate several species of essoin, (q. v.,) such as dc malo lecti, of illness in bed; de malo vcnicndi. of illness (or misfortune) in

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