Blacks Law Dict. 1st ed

CONVERSANTES

273 CONVEYANCING COUNSEL, ETC.

be conversant there. Barnes, 162. Ac quainted; familiar. CONVERSANTES. In old English law. Conversant or dwelling; commorant. CONVERSE. The transposition of the subject and predicate in a proposition, as: "Everything is good in its place." Converse, M Nothing is good which is not in its place." Wharton. CONVERSION. In equity. The transformation of one species of property in to another, as money into land or land into money; or, more particularly, a fiction of law, by which equity assumes that such a transformation has taken place (contrary to the fact) when it is rendered necessary by the equities of the case,—as to carry into effect the directions of a will or settlement,—and by which the property so dealt with becomes invested with the properties and attributes of that into which it is supposed to have been converted. At law. An unauthorized assumption and exercise of the right of ownership over goods or personal chattels belonging to an other, to the alteration of their condition or the exclusion of the owner's rights. 44 Me. 197; 36 N. H. 311; 45 Wis. 262. Conversion is defined to be an unauthorized assumption and exercise of the right of ownership over goods belonging to another to the exclusion of the owner's rights. A constructive conversion takes place when a person does such acts in refer ence to the goods of another as amount in law to appropriation of the property to himself. Every unauthorized taking of personal property, and all intermeddling with it, beyond the extent of the authority conferred, in case a limited authority has been given, with intent so to apply and dis pose of it as to alter its condition or interfere with the owner's dominion, is a conversion. 68 Tjf. Y. 524. "Conversion" and "carrying away" are not syn onymous nor convertible terms. There may be a conversion without any carrying away. 26 Ala. 101. CONVEY. To pass or transmit the title to property from one to another; to transfer property or the title to property by deed or instrument under seal. To convey real estate is, by an appropriate in strument, to transfer the legal title to it from the present owner to another. 29 Conn. 356. Convey relates properly to the disposition of real property, not to personal. 21 Barb. 551, 561. CONVEYANCE. In pleading. Intro duction or inducement. In real property law. The transfer of the title of land from one person or class of AM.DIOT.LAW—18

persons to another. 21 Barb. 551; 29 Conn. 856. An instrument in writing under seal, (an ciently termed an "assurance,") by which some estate or interest in lands is transferred from one person to another; such as a deed, mortgage, etc. 2 Bl. Comm. 293, 295, 309. Conveyance includes every instrument in writing by which any estate or interest in real estate is created, aliened, mortgaged, or assigned, or by which the title to any real estate may be affected in law or equity, ex cept last wills and testaments, leases for a term not exceeding three years, and execu tory contracts for the sale or purchase of lands. 1 Rev. St. N. Y. p. 762, § 38; Gen. St. Minn. 1878, c. 40, § 26; How. St. Mich. 1882, § 5689. The term "conveyance," as used in the California Code, embraces every instrument in writing by which any estate or interest in real property is created, aliened, mortgaged, or incumbered, or by which the title to any real property may be affected, except wills. Civil Code Cal. § 1215. CONVEYANCER. One whose business it is to draw deeds, bonds, mortgages, wills, writs, or other legal papers, or to examine titles to real estate. 14 St. at Large, 118. He who draws conveyances; especially a barrister who confines himself to drawing conveyances, and other chamber practice. Mozley & Whitley. CONVEYANCING. A term including both the science and act of transferring titles to real estate from one man to another. Conveyancing is that part of the lawyer's busi ness which relates to the alienation and transmis sion of property and other rights from one person to another, and to the framing of legal documents intended to create, define, transfer, or extinguish rights. It therefore includes the investigation of the title to land, and the preparation of agree ments, wills, articles of association, private stat utes operating as conveyances, and many other instruments in addition to conveyances properly so called. Sweet. CONVEYANCING COUNSEL TO THE COURT OP CHANCERY. Cer tain counsel, not less than six in number, ap pointed by the lord chancellor, for the purpose of assisting the court of chancery, or any judge thereof, with their opinion in matters of title and conveyancing. Mozley & Whit ley. CONVEYANCE OF VESSELS, transfer of the title to vessels. The

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