Blacks Law Dict. 1st ed

1175

T1TULUS

TITLE

dence of the right, rather than the mere right it self. Thus, when it is said that the "most imper fect degree of title consists in the mere naked possession or actual occupation of an estate," it means that the mere circumstance of occupying the estate is the weakest species of evidence of the occupier's right to such possession. The word is defined by Sir Edward Coke thus: Tttulus est justa causa possidendi id quod nostrum est, (1 Inst. 84;) that is to say, the ground, whether pur chase, gift, or other such ground of acquiring; "titulus" being distinguished in this respect from " modus acquirendi," which is the praditio, i. e., delivery or conveyance of the thing. Brown. Title is when a man hath lawful cause of entry Into lands whereof another is seised; and it signi fies also the means whereby a man comes to lands or tenements, as by feoflment, last will and testa ment, etc. The word "title " includes a right, but is the more general word. Every right is a title, though every title is not a right for which an ac tion lies. Jacob. A title is a lawful canse or ground of pos sessing that which is ours. An interest, though primarily it includes the terms "es tate," "right," and "title," has latterly come often to mean less, and to be the same as "concern," "share," and the like. 73 X. Y. 456. The investigation of titles is one of the principal branches of conveyancing, and in that practice the word "title" has acquired the sense of " history," rather than of " right." Thus, we speak of an abstract of title, and of investigating a title, and describe a docu ment as forming part of the title to property. Sweet. In pleading. The right of action which the plaintiff has. The declaration must show the plaintiff's title, and, if such title be not shown in that instrument, the defect cannot be cured by any of the future pleadings. Bac. Abr. "Pleas," etc., B 1. In procedure, every action, petition, or other proceeding has a title, which consists of the name of the court in which it is pend ing, the names of the parties, etc. Admin istration actions are further distinguished by the name of the deceased person whose estate is being administered. Every pleading, summons, affidavit, etc., commences with the title. In many cases it is sufficient to give what is called the "short title" of an ac tion, namely, the court, the reference to the record, and the surnames of the first plaintiff and the first defendant. Sweet. TITLE. COVENANTS FOR. Cove nants usually inserted in a conveyance of land, on the part of the grantor, and binding him for the completeness, security, and con tinuance of the title transferred to the gran tee. They comprise "covenants for seisin,

for right to convey, against incumbrances, for quiet enjoyment, sometimes for further assurance, and almost always of warranty." Rawle, Cov. § 21. TITLE-DEEDS. Deeds which consti tute or are the evidence of title to lands. TITLE OP A CAUSE. The distinctive appellation by which any cause in court, or other juridical proceeding, is known and dis criminated from others. TITLE OF AN ACT. The heading, or introductory clause, of a statute, wherein is briefly recited its purpose or nature, or tba subject to which it relates. TITLE OF CLERGYMEN, (to orders.) Some certain place where they may exercise their functions; also an assurance of being preferred to some ecclesiastical benefice. 2 Steph. Comm. 661. TITLE OF DECLARATION. Thar preliminary clause of a declaration which states the name of the court and the term to which the process is returnable. TITLE OF ENTRY. The right to en ter upon lands. Cowell. TITLE TO ORDERS. In English ec clesiastical law, a title to orders is a certifi cate of preferment or provision required by the thirty-third canon, in order that a person may be admitted into holy orders, unless he be a fellow or chaplain in Oxford or Cam bridge, or master of arts of five years' stand ing in either of the universities, and living there at his sole charges; or unless the bishop himself intends shortly to admit him to some benefice or curacy. 2 Steph. Comm. 661. TITULADA. In Spanish law. Title. White, New Recop. b. 1, tit. 5, c. 3, § 2. TITULARS OF ERECTION. Persons who in Scotland, after the Reformation, ob tained grants from the crown of the monas teries and priories then erected into temporal lordships. Thus the titles formerly held by the religious houses, as well as the property of the lands, were conferred on these gran tees, who were also called "lords of erection" and "titulars of the teinds." Bell. TITULUS. Lat. In the civil law. Ti tle; the source or ground of possession; the means whereby possession of a thing is ac quired, whether such possession be lawful or not. In old ecclesiastical law. A temple or church; the material edifice. So called be

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