Legal Articles

FRANC

A French coin of the value of a little over eighteen cents.

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FRATRICIDE

One who has killed a brother or sister; also the killing of a brother or sister.

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FREEHOLD

An estate in land or other real property, of uncertain duration; that is,either of inheritance or which may possibly last for the life of the tenant at the least, (asdistinguished from a leasehold;) and held by a free tenure, (as distinguished from copyholdor villeinage.) Nevitt v. Woodburn, 175 111. 376, 51 N. E. 593; Railroad Co. v.Hemphill, 35 Miss. 22; Nellis v. Munson, 108 N. Y. 453, 15 N. E. 739; Jones v. Jones, 20 Ga. 700.Such an interest in lands of frank-tenement as may endure not only during theowner’s life, but which is cast after his death upon the persons who successivelyrepresent him, according to certain rules elsewhere explained.Such persons are called “heirs,” and lie whom they thus represent, the “ancestor.”When the interest extends beyond the ancestor’s life, it is called a “freehold ofinheritance,and, when it only endures for the ancestor’s life, it is a freehold not of inheritance.An estate to be a freehold must possess those two qualities: (1) Immobility, that is,the property must be either land or some interest issuing out of or annexed to laud;and (21 indeterminate duration, for, if the utmost period of time to which an estate canendure be fixed and detenuined, it cannot be a freehold. Wharton.

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FRETUM

Lat. A strait.

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FRUCTUARIUS

Lat. In the civil law. One who had the usufruct of a thing; i. e., theuse of the fruits, profits, or increase, as of land or animals. Inst. 2, 1, 36, 38. Braetonapplies it to a lessee, fermor, or farmer of land, or one who held lands ad firmam, for afarm or term. Bract fol. 261.

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FUGAM FECIT

Lat. He has made flight; he fled. A clause inserted In an inquisition,in old English law, meaning that a person indicted for treason or felony had fled. Theeffect of this is to make the party forfeit his goods absolutely, and the profits of hislands until he has been pardoned or acquitted.

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FUNDATOR

A founder, (

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FURNIVAL’S INN

Formerly an inn of chancery. See INNS OF CHANCERY.Furor contrahi matrimonium non sinit, quia consensu opus est. Insanityprevents marriage from being contracted, because consent is needed. Dig. 23, 2, 16, 2;1 Ves. & B. 140; 1 Bl. Comm. 439; Wight- man v. Wightman, 4 Johns. Ch. (N. Y.) 343,345.

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FYRD

Sax. In Anglo-Saxon law. The military array or land force of the wholecountry. Contribution to the f.vrd was one of the Imposts forming the trinoda nccessitas.(Also spelled “ferd” and “fird.”)

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FACIAS

That you cause. Occurring in the phrases “scire facias,” (that you cause toknow,) “fieri facias,” (that you cause to be made,) etc.

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FACULTY

In ecclesiastical law. A license or authority; a privilege granted by the ordinary to a man by favor and indulgenceto do that which by law he may not do; e. g., to marry without banns, to erect amonument in a church, etc. Termes de la Ley.In Scotch law. A power founded on consent, as distinguished from a power foundedon property. 2 Kames, Eq. 265.

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FAIT JURIDIQUE

In French law. A Juridical fact. One of the factors or elements constitutive of an obligation.

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FALDWORTH

In Saxon law. A person of age that he may be reckoned of some decennary. Du Fresne.

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FALSIFY

To disprove; to prove to be false or erroneous; to avoid or defeat; spoken of verdicts, appeals, etc.To counterfeit or forge; to make something false; to give a false appealance to anything.In equity practice. To show, in accounting before a master in chancery, that acharge has been inserted which is wrong: that is. either wholly false or in some p:n-terroneous. Pull. Ac-cts. 102; 1 Story, Eq. Jur.

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FARANDMAN

In Scotch law. A traveler or merchant stranger. Skene.

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FAST-DAY

A day of fasting and penitence, or of mortification by religious abstinence.See 1 Chit. Archb. Pr. (12th Ed.) 100, et seq.

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FRIVOLOUS DEFENSE

One which at first glance can be seen to be merely pretensive, setting up some ground which cannotbe sustained by argument. Dominion Nat. Bank v. Olympia Cotton Mills (C. C.) 12S Fed. 182.

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FOREIGN DIVORCE

A divorce obtained out of the state or country where the marriage was solemnized. 2Kent, Comm. 100, et seq.

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FOREIGN DOCUMENT

One which was prepared or executed in, or which comes from, a foreign state or country.

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FOREIGN DOMICILE

A domicile established by a citizen or subject o f one sovereignty within the territory of another.

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