What is PRIVITY?

The term “privity” means mutual or successive relationship to the same rights of property. The executor is in privity with the testator, the heir with the ancestor, the assignee with the assignor, the donee with the donor, and the lessee with the lessor. Union Nat. Bank v. International Bank, 123 111. 510, 14 N. E. S59; Hunt v. Haven, 52 N. H. 109; Mygatt v. Coe, 124 N. Y. 212, 26 N. E. 011, 11 L. It. A. 646; Strayer v. Johnson, 110 Pa. 21, 1 Atl. 222; Litchfield v. Crane, 123 U. S. 549, 8 Sup. Ct. 210, 31 L. Ed. 199. Privity of contract is that connection or relationship which exists between two or more contracting parties. It is essential to the maintenance of an action on any contract that there should subsist a privity between the plaintiff and defendant in respect of the matter sued on. Brown. Privity of estate is that which exists between lessor and lessee, tenant for life and remainderman or reversioner, etc., and their respective assignees, and between joint tenants and coparceners. Privity of estate is required for a release by enlargement Sweet. Privity of blood exists between an heir and his ancestor, (privity in blood inheritable,) and between coparceners. This privity was formerly of Importance in the law of descent cast Co. Litt 271a, 242a; 2 Inst 516; 8 Coke, 426.

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