KFLCC Kingdom Law 2nd Ed.

646

INTEREST

INTERDICT

the exhibiting of accounts, etc

Heineq. i

lessee for years acquires in the lands demised to him, before he has actually become possessed of those lands; as distinguished from that property or interest vested in him by the de mise, and also reduced into possession by an actual entry upon the lands and the assump tion of ownership therein, and which is then termed an "estate for years." Brown.— Pro interesse sno. For his own interest; ac cording to, or to the extent of, his individual interest. Used (in practice) to describe the intervention of a party who comes into a suit for the purpose of protecting interests of his own which may be involved in the dispute between the principal parties or which may be affected by the settlement of their conten tion. The most general term that can be employed to denote a property in lands or chattels.' In its appli cation to lands or things real, it is frequently used in connection with the terms "estate," "right," and "title," and, according to Lord Coke, it properly includes them all. Co. Litt. 345&. See Ragsdale v. Mays, 65 Tex. 257; Hurst v. Hurst, 7 W. Va. 297; New York v. Stone, 20 Wend. (N. Y.) 142; State v. Mc Kellop, 40 Mo. 185; Loventhal v. Home Ins. Co., 112 Ala. 116, 20 South. 419, 33 L R. A. 258, 57 Am. St. Rep. 17. More particularly it means a right to have the advantage accruing from anything; any right in the nature of property, but less than title; a partial or undivided right; a title to a share. The terms "interest" and "title" are not syn onymous. A mortgagor in possession, and a purchaser holding under a deed defectively executed, have, both of them, absolute as well as insurable interests in the property, though neither of them has the legal title. Hough v. City F. Ins. Co., 29 Conn. 20, 76 Am. Dec. 581. — Absolnte or conditional. That is an ab solute interest in property which is so com pletely vested in the individual that he can by no contingency be deprived of it without bis own consent. So, too, he is the owner of such absolute interest who must necessarily sus tain the loss if the property is destroyed. The terms "interest" and "title" are not synony mous. A mortgagor in possession, and a pur chaser holding under a deed defectively exe cuted, have, both of them, absolute, as well as insurable, interests in the property, though neither of them has the legal title. "Absolute" is here synonymous with "vested," and is used in contradistinction to contingent or conditional. Hough v. City F. Ins. Co., 29 Conn. 10, 76 Am. Dec. 581; Garver v. Hawkeye Ins. Co, 69 Iowa, 202. 28 N. W. 555; Washington F. Ins. Co. v. Kelly, 32 Md. 421, 431, 3 Am. Rep. 149; Elliott v. Ashland Mut. F. Ins. Co., 117 Pa. 548, 12 Atl. 676, 2 Am. St. Rep. 703; Williams v. Buffalo German Ins. Co. (C. C) 17 Fed. 63.— Interest or no interest. These words, inserted in an insurance policy, mean that the question whether the insured has or has not an insurable interest in the subject matter is waived, and the policy is to be good irrespective of such interest. The effect of such a clause is to make it a wager policy.— Interest policy. In insurance. One which actually, or prima fade, covers a substantial and insurable interest; as opposed to a wager policy.— Interest suit. In English law. An action in the probate branch of the high court of justice, in which the question in dis pute is as to which party is entitled to a grant of letters of administration of the estate of a deceased pex^son. Wharton. INTEREST. In property.

1206. An interdict was distinguished from an "ac tion," (actio,) properly so called, by the cir cumstance that the praetor himself decided in the first instance, (prtncipaliter,) on the appli cation of the plaintiff, without previously ap pointing a judex, by issuing a decree command ing what should be done, or left undone. Gaius, 4, 139. It might be adopted as a remedy in various cases where a regular action could not be maintained, and hence interdicts were at one time more extensively used by the praetor than the acUones themselves. Afterwards, however, they fell into disuse, and in the time of Justin ian were generally dispensed with. Mackeld. Rom. Law, § 25S; Inst. 4, 15, 8. In ecclesiastical law. An ecclesiastical censure, by which divine services are pro hibited to be administered either to particu lar persons or in particular places. In Scotch law. An order of the court of session or of an inferior court, pro nounced on cause shown, for stopping any act or proceedings complained of as Illegal or * wrongful. It may be resorted to as a remedy against any encroachment either on property or possession, and is a protection against any unlawful proceeding. Bell. law. Every person who, on account of insanity, has become incapable of controlling his own Interests, can be put under the control of a guardian, who shall administer his affairs with the same effect as he might himself. Such a person is said to be "interdit," and his status is described as "interdiction." Arg. Fr. Merc. Law, 562. In the civil law. A judicial decree, by which a person is deprived of the exercise of his civil rights. In international law. An "interdiction of commercial intercourse" between two countries is a governmental prohibition of commercial intercourse, intended to bring about an entire cessation for the time being of all trade whatever. See The Edward, 1 Wheat. 272, 4 L. Ed. 86. —Interdiction of fire and water. Banish ment by an order that no man should supply the person banished with fire or water, the two necessaries of life. Lat. In Roman law. The Salvian interdict. A process which lay for the owner of a farm to obtain possession of the goods of his tenant who had pledged them to him for the rent of the land. Inst. 4, 15, 3. Interdnm evenit ut exceptio qu» prima facie jnsta videtur, tamen iniqne noceat. It sometimes happens that a plea which seems prima facie just, nevertheless is injurious and unequal. Inst. 4, 14, 1, 2. INTERESSE. Lat. Interest. The in terest of money; also an interest in lands. — Interesse termini. An interest in a term. That species of interest or property which a INTERDICTION. In French INTERDICTUM SALVIANTJM.