Blacks Law Dict. 1st ed

COLIBERTUS

219

COLLATERAL WARRANTY

cree is an attempt made to destroy or evade its effect as an estoppel, by reopening the merits of the cause or by showing reasons why the judgment should not have been ren dered or should not have a conclusive effect, in a collateral proceeding, i. e., in any action other than that in which the judgment was rendered; for, if this be done upon appeal, error, or certiorari, the impeachment is di rect. COLLATERAL INHERITANCE TAX. A tax levied upon the collateral dev olution of property by will or under the in testate law. COLLATERAL ISSUE. In practice. An issue taken upon matter aside from the intrinsic merits of the action, as upon a plea in abatement; or aside from the direct and regular order of the pleadings, as on a de murrer. 2 Archb. Pr. K. B. 1, 6, bk. 2, pts. 1,2. The term "collateral" is also applied in Eng land to an issue raised upon a plea of diver sity of person, pleaded bya criminal who has been tried and convicted, in bar of execution, viz., that he is not the same person who was attainted, and the like. 4 Bl. Comm. 396. COLLATERAL KINSMEN. Those who descend from one and the same common ancestor, but not from one another. COLLATERAL LIMITATION. One which gives an interest in an estate for a specified period, but makes the right of en joyment to depend on some collateral event, as an estate to A. till B. shall go to Rome. Park, Dower, 163; 4 Kent, Comm. 128. COLLATERAL SECURITY. A secu rity given in addition to the direct security, and subordinate to it, intended to guaranty its validity or convertibility or insure its per formance; so that, if the direct security fails, the creditor may fall back upon the collateral security. Collateral security, in bank phraseology, means some security additional to the person al obligation of the borrower. 2 Abb. (U. S.) 423. COLLATERAL UNDERTAKING. "Collateral" and "original" have become the technical terms whereby to distinguish prom ises that are within, and such as are not within, the statute of frauds. 7 Har. & J. 891. COLLATERAL WARRANTY, in old conveyancing, was where the heir'' title to

^able, being, as they said, of the water re jected and kept up. Wharton. OOLIBERTXJS. In feudal law. One who, holding in free socage, was obliged to do certain services for the lord. A middle class of tenants between servile and free, who held their freedom of tenure on con dition of performing certain services. Said to be the same as the conditionales. Co well. COLLATERAL. By the side; at the side; attached upon the side. Not lineal, but upon a parallel or diverging line. Ad ditional or auxiliary; supplementary; co-op erating. COLLATERAL ACT. In old practice. The name "collateral act" was given to any act (except the payment of money) for the performance of which a bond, recognizance, etc., was given as security. COLLATERAL ANCESTORS A phiase sometimes used to designate uncles and aunts, and other collateral antecessors, who are not strictly ancestors. 3 Barb. Ch. 438,446. COLLATERAL ASSURANCE. That which is made over and above the principal assurance or deed itself. COLLATERAL CONSANGUINITY. That relationship which subsists between per sons who have the same ancestors but not the same descendants, who do not descend one from the other. 2 Bl. Comm. 203. Lineal consanguinity being usually represented by a perpendicular or right line, (linea recta,) in which the kindred are ranked relatively, one above or below the other, as father, son, grandson, col lateral consanguinity is properly denoted by one or more transverse lines, crossing this, or proceed ing obliquely from it on the side (o latere) upon which the kindred are ranked in their order. BurrilL COLLATERAL DESCENT. Descent in a collateral or oblique line, i. «., up through the common ancestor and then down from him; descent to collaterals. COLLATERAL ESTOPPEL. The col lateral determination of a question by a court having general jurisdiction of the subject. See 26 Vt. 209. COLLATERAL FACTS. Such as are outside the controversy, or are not directly connected with the principal matter or issue In dispute. COLLATERAL IMPEACHMENT. A collateral impeachment of a judgment or de

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