Blacks Law Dict. 1st ed

247

CONDITIONAL FEE

CONDUCTIO

the occurrence of some uncertain event, by which it is either to take effect or be defeat ed. Civil Code Cal. § 1345. CONDITIONAL FEE. An estate re strained to some particular heirs, exclusive of others, as to the heirs of a man's body, by which only his lineal descendants were ad mitted, in exclusion of collateral; or to the heirs male of his body, in exclusion of heirs female, whether lineal or collate)al. It was called a "conditional fee," by reason of the condition expressed or implied in the dona tion of it that, if the donee died without such particular heirs, the land should revert to the donor. 2 Bl. Comm. 110. CONDITIONAL LEGACY. One which is liable to take effect or to be defeated according to the occurrence or non-occur rence of some uncertain event. CONDITIONAL LIMITATION. A condition followed by a limitation over to a third person in case the condition be not ful filled or there be a breach of it. A conditional limitation is where an estate is so expressly denned and limited by the words of its creation that it cannot endure for any longer time than till the contingency happens upon which the estate is to fail. 1 Steph. Comm. 309. Between conditional limitations and estates depending on conditions subsequent there is this difference: that in the former the estate determines as soon as the contingency happens; but in the latter it endures until the grantor or his heirs take ad vantage of the breach. Id. 810. CONDITIONAL OBLIGATION. An obligation is conditional when the rights or duties of any party thereto depend upon the occurrence of an uncertain event. Civil Code Cal. § 1434. The Louisiana Code defines conditional ob ligations as those which result from the op eration of law, from the nature of the con tract, or from the presumed intent of the parties. 2 La. Ann. 989. CONDITIONAL SALE. A sale in which the transfer of title is made to depend upon the performance of a condition. Conditional sales are distinguishable from mort gages. They are to be taken strictly as independ ent dealings between strangers. A mortgage is a security for a debt, while a conditional sale is a purchase for a price paid, or to be paid, to become absolute on a particular event; or a purchase ac companied by an agreement to resell upon partic ular terms. 9 Ala. 24. CONDITIONAL STIPULATION. In the civil law. A stipulation to do a thing upon condition, as the happening of any event.

Conditiones qugelibet odiosse; maxima autem contra matrimonium et commer oium. Any conditions are odious, but es pecially those which are against [in restraint of] marriage and commerce. Lofft, Appen dix, 64%. CONDITIONS CONCURRENT. Con ditions concurrent are those which are mut ually dependent, and are to be performed at the same time. Civil Code Cal. § 1437. CONDITIONS OF SALE. The terms upon which sales are made at auction; usual ly written or printed and exposed in the auc tion room at the time of sale. CONDOMINIA. In the civil law. Co ownerships or limited ownerships, such as emphyteusis, superficies, pignus, hypotheca, ususfructus, usus, and habitatio. These were more than mere jura in re alienQ,, be ing portion of the dominium itself, although they are commonly distinguished from the dominium strictly so called. Brown. CONDONACION. In Spanish law. The remission of a debt, either expressly or tacit ly CONDONATION. The conditional re mission or forgiveness, by one of the married parties, of a matrimonial offense committed by the other, and which would constitute a cause of divorce; the condition being that the offense shall not be repeated. See Civil Code Cal. § 115; 3 Hagg. Ecc. 351, 629. "A blotting out of an offense [against the mar ital relation] imputed so as to restore the offend ing party to the same position he or she occupied before the offense was committed." 1 Swab. & T. 334. Condonation is a conditional forgiveness found ed on a full knowledge of all antecedent guilt 36 Ga. 286. CONDONE. To make condonation of. CONDUCT MONEY. In English prac tice. Money paid to a witness who has been subpoenaed on a trial, sufficient to defray the reasonable expenses of going to, staying at, and returning from the place of trial. Lush, Pr. 460; Archb. New Pr. 639. CONDUCTI ACTIO. In the civil law. An action which the hirer (conductor) of a thing might have against the letter, (locator.) Inst. 3, 25, pr. 2. CONDUCTIO. In the civil law. A hir ing. Used generally in connection with the term locatio, a letting. Locatio et condue tio, (sometimes united as a compound word, **locatio*conductio,") a letting and hiring

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