Blacks Law Dict. 1st ed

344

DEED OF COVENANT

DEFEND

DEED OF COVENANT. Covenants are sometimes entered into by a separate deed, for title, or for the indemnity of a purchaser or mortgagee, or for the production of title-deeds. A covenant with a penalty is sometimes taken for the payment of a debt, instead of a bond with a condition, but the legal remedy is the same in either case. DEED POLL. In conveyancing. A deed of one part or made by one party only; and originally so called because the edge of the pa per or parchment was polled or cut in a straight line, wherein it was distinguished from a deed indented or indenture. DEED TO DECLABE USES. A deed made after a fine or common recovery, to show the object thereof. DEED TO LEAD USES. A deed made before a fine or common recovery, to show the object thereof. DEEM. To hold; consider; adjudge; con demn. When, by statute, certain acts are "deemed" to be a crime of a particular nat ure, they are such crime, and not a sem blance of it, nor a mere fanciful approxima tion to or designation of the offense. 132 Mass. 247. DEEMSTERS. Judges in the Isle of Man, who decide all controversies without process, writings, or any charges. These judges are chosen by the people, and are said by Spelman to be two in number. Spelman. DEEB-FALD. A park or fold for deer. DEEB-HAYES. Engines or great nets made of cord to catch deer. 19 Hen. VIII. c. 11. DEFALCATION. The act of a de faulter; misappropriation of trust funds or money held in any fiduciary capacity; failure to properly account for such funds. Usually spoken of officers of corporations or public officials. Also set-off. The diminution of a debt or claim by deducting from it a smaller claim held by the debtor or payor. DEFAMATION. The taking from one's reputation. The offense of injuring a per son's character, fame, or reputation by false and malicious statements. The term seems to be comprehensive of both libel and slander. DEFAMES. L.Er. 0.1ft. Infamous. Britt.

DEFAULT. The omission or failure to fulfill a duty, observe a promise, discharge an obligation, or perform an agreement. In practice. Omission; neglect or fail* ure. When a defendant in an action at law omits to plead within the time allowed him for that purpose, or fails to appear on the trial, he is said to make default, and the judg ment entered in the former case is technical ly called a "judgment by default." 3 BL Comm. 396; 1 Tidd, Pr. 562. DEFAULTEB. One who makes default. One who misappropriates money held by him in an official or fiduciary character, or fails to account for such money. DEFEASANCE. An instrument which defeats the force or operation of some other deed or estate. That which is in the same deed is called a "condition;" and that which is in another deed is a " defeasance." Com. Dig. "Defeasance." In conveyancing. A collateral deed made at the same time with a feoffment or other conveyance, containing certain condi tions, upon the performance of which the es tate then created may be defeated or totally undone. 2 Bl. Comm. 327; Co. Litt. 236, 237. An instrument accompanying a bond, re cognizance, or judgment, containing a con dition which, when performed, defeats or un does it. 2 £1. Comm. 342; Co. Litt. 236, 237. DEFEASIBLE. Subject to be defeated, annulled, revoked, or undone upon the hap pening of a future event or the performance of a condition subsequent, or by a condi tional limitation. Usually spoken of estates and interests in land. For instance, a mort gagee's estate is defeasible (liable to be de» feated) by the mortgagor's equity of redemp tion. DEFEAT. See DEFEASANCE. DEFECT. The want or absence of some legal requisite; deficiency; imperfection; in sufficiency. DEFECTUM. CHALLENGE. Challenge propter. See DEFECTUS SANGUINIS. Lat Fail ure of issue. DEFEND. To prohibit or forbid. To deny. To contest and endeavor to defeat a claim or demand made against one in a court of justice. To oppose, repel, or resist.

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