slovo | definícia |
collate (mass) | collate
- porovnávať, usporiadať |
collate (encz) | collate,kolacionovat v: Zdeněk Brož |
collate (encz) | collate,porovnávat v: Zdeněk Brož |
collate (encz) | collate,shromáždit v: Zdeněk Brož |
Collate (gcide) | Collate \Col*late"\ (k[o^]l*l[=a]t"), v. t. [imp. & p. p.
Collated; p. pr. & vb. n. Collating.] [From Collation.]
1. To compare critically, as books or manuscripts, in order
to note the points of agreement or disagreement.
[1913 Webster]
I must collate it, word by word, with the original
Hebrew. --Coleridge.
[1913 Webster]
2. To gather and place in order, as the sheets of a book for
binding.
[1913 Webster]
3. (Eccl.) To present and institute in a benefice, when the
person presenting is both the patron and the ordinary; --
followed by to.
[1913 Webster]
4. To bestow or confer. [Obs.] --Jer. Taylor.
[1913 Webster] |
Collate (gcide) | Collate \Col*late"\, v. i. (Ecl.)
To place in a benefice, when the person placing is both the
patron and the ordinary.
[1913 Webster]
If the bishop neglects to collate within six months,
the right to do it devolves on the archbishop. --Encyc.
Brit.
[1913 Webster] |
collate (wn) | collate
v 1: compare critically; of texts
2: to assemble in proper sequence; "collate the papers" |
| podobné slovo | definícia |
collate (mass) | collate
- porovnávať, usporiadať |
collated (mass) | collated
- usporiadaný |
collate (encz) | collate,kolacionovat v: Zdeněk Brožcollate,porovnávat v: Zdeněk Brožcollate,shromáždit v: Zdeněk Brož |
collated (encz) | collated,shromážděný adj: Zdeněk Brož |
collateral (encz) | collateral,bankovní záruka Mgr. Dita Gálovácollateral,majetková záruka Mgr. Dita Gálovácollateral,paralelní adj: Zdeněk Brožcollateral,předmět zajištění n: [práv.] Ivan Masárcollateral,souběžný adj: Zdeněk Brožcollateral,vedlejší Zdeněk Brožcollateral,záruka Mgr. Dita Gálová |
collateral account (encz) | collateral account, |
collateral damage (encz) | collateral damage,vedlejší škody n: [voj.] Stanislav Horáček |
collateral fraud (encz) | collateral fraud, n: |
collateral security (encz) | collateral security, |
collateralize (encz) | collateralize, v: |
collateralized bond (encz) | collateralized bond, |
collateralized mortgage obligation (encz) | collateralized mortgage obligation, |
collaterally (encz) | collaterally,paralelně adv: Zdeněk Brožcollaterally,souběžně adv: Zdeněk Brož |
financial collateral (encz) | financial collateral,finanční zajištění n: [práv.] Ivan Masár |
realization of collateral (encz) | realization of collateral, |
uncollated (encz) | uncollated, |
Collated (gcide) | Collate \Col*late"\ (k[o^]l*l[=a]t"), v. t. [imp. & p. p.
Collated; p. pr. & vb. n. Collating.] [From Collation.]
1. To compare critically, as books or manuscripts, in order
to note the points of agreement or disagreement.
[1913 Webster]
I must collate it, word by word, with the original
Hebrew. --Coleridge.
[1913 Webster]
2. To gather and place in order, as the sheets of a book for
binding.
[1913 Webster]
3. (Eccl.) To present and institute in a benefice, when the
person presenting is both the patron and the ordinary; --
followed by to.
[1913 Webster]
4. To bestow or confer. [Obs.] --Jer. Taylor.
[1913 Webster] |
Collateral (gcide) | Collateral \Col*lat"er*al\ (k[o^]l*l[a^]t"[~e]r*al), a. [LL.
collateralis; col- + lateralis lateral. See Lateral.]
1. Coming from, being on, or directed toward, the side; as,
collateral pressure. "Collateral light." --Shak.
[1913 Webster]
2. Acting in an indirect way.
[1913 Webster]
If by direct or by collateral hand
They find us touched, we will our kingdom give . . .
To you in satisfaction. --Shak.
[1913 Webster]
3. Related to, but not strictly a part of, the main thing or
matter under consideration; hence, subordinate; not chief
or principal; as, collateral interest; collateral issues.
[1913 Webster]
That he [Attebury] was altogether in the wrong on
the main question, and on all the collateral
questions springing out of it, . . . is true.
--Macaulay.
[1913 Webster]
4. Tending toward the same conclusion or result as something
else; additional; as, collateral evidence.
[1913 Webster]
Yet the attempt may give
Collateral interest to this homely tale.
--Wordsworth.
[1913 Webster]
5. (Genealogy) Descending from the same stock or ancestor,
but not in the same line or branch or one from the other;
-- opposed to lineal.
[1913 Webster]
Note: Lineal descendants proceed one from another in a direct
line; collateral relations spring from a common
ancestor, but from different branches of that common
stirps or stock. Thus the children of brothers are
collateral relations, having different fathers, but a
common grandfather. --Blackstone.
[1913 Webster]
Collateral assurance, that which is made, over and above
the deed itself.
Collateral circulation (Med. & Physiol.), circulation
established through indirect or subordinate branches when
the supply through the main vessel is obstructed.
Collateral issue. (Law)
(a) An issue taken upon a matter aside from the merits of
the case.
(b) An issue raised by a criminal convict who pleads any
matter allowed by law in bar of execution, as pardon,
diversity of person, etc.
(c) A point raised, on cross-examination, aside from the
issue fixed by the pleadings, as to which the answer
of the witness, when given, cannot subsequently be
contradicted by the party asking the question.
Collateral security, security for the performance of
covenants, or the payment of money, besides the principal
security.
collateral damage, (Mil.) damage caused by a military
operation, such as a bombing, to objects or persons not
themselves the intended target of the attack.
[1913 Webster +PJC]Collateral \Col*lat"er*al\, n.
1. A collateral relative. --Ayliffe.
[1913 Webster]
2. Collateral security; that which is pledged or deposited as
collateral security.
[1913 Webster] |
Collateral assurance (gcide) | Collateral \Col*lat"er*al\ (k[o^]l*l[a^]t"[~e]r*al), a. [LL.
collateralis; col- + lateralis lateral. See Lateral.]
1. Coming from, being on, or directed toward, the side; as,
collateral pressure. "Collateral light." --Shak.
[1913 Webster]
2. Acting in an indirect way.
[1913 Webster]
If by direct or by collateral hand
They find us touched, we will our kingdom give . . .
To you in satisfaction. --Shak.
[1913 Webster]
3. Related to, but not strictly a part of, the main thing or
matter under consideration; hence, subordinate; not chief
or principal; as, collateral interest; collateral issues.
[1913 Webster]
That he [Attebury] was altogether in the wrong on
the main question, and on all the collateral
questions springing out of it, . . . is true.
--Macaulay.
[1913 Webster]
4. Tending toward the same conclusion or result as something
else; additional; as, collateral evidence.
[1913 Webster]
Yet the attempt may give
Collateral interest to this homely tale.
--Wordsworth.
[1913 Webster]
5. (Genealogy) Descending from the same stock or ancestor,
but not in the same line or branch or one from the other;
-- opposed to lineal.
[1913 Webster]
Note: Lineal descendants proceed one from another in a direct
line; collateral relations spring from a common
ancestor, but from different branches of that common
stirps or stock. Thus the children of brothers are
collateral relations, having different fathers, but a
common grandfather. --Blackstone.
[1913 Webster]
Collateral assurance, that which is made, over and above
the deed itself.
Collateral circulation (Med. & Physiol.), circulation
established through indirect or subordinate branches when
the supply through the main vessel is obstructed.
Collateral issue. (Law)
(a) An issue taken upon a matter aside from the merits of
the case.
(b) An issue raised by a criminal convict who pleads any
matter allowed by law in bar of execution, as pardon,
diversity of person, etc.
(c) A point raised, on cross-examination, aside from the
issue fixed by the pleadings, as to which the answer
of the witness, when given, cannot subsequently be
contradicted by the party asking the question.
Collateral security, security for the performance of
covenants, or the payment of money, besides the principal
security.
collateral damage, (Mil.) damage caused by a military
operation, such as a bombing, to objects or persons not
themselves the intended target of the attack.
[1913 Webster +PJC] |
Collateral circulation (gcide) | Collateral \Col*lat"er*al\ (k[o^]l*l[a^]t"[~e]r*al), a. [LL.
collateralis; col- + lateralis lateral. See Lateral.]
1. Coming from, being on, or directed toward, the side; as,
collateral pressure. "Collateral light." --Shak.
[1913 Webster]
2. Acting in an indirect way.
[1913 Webster]
If by direct or by collateral hand
They find us touched, we will our kingdom give . . .
To you in satisfaction. --Shak.
[1913 Webster]
3. Related to, but not strictly a part of, the main thing or
matter under consideration; hence, subordinate; not chief
or principal; as, collateral interest; collateral issues.
[1913 Webster]
That he [Attebury] was altogether in the wrong on
the main question, and on all the collateral
questions springing out of it, . . . is true.
--Macaulay.
[1913 Webster]
4. Tending toward the same conclusion or result as something
else; additional; as, collateral evidence.
[1913 Webster]
Yet the attempt may give
Collateral interest to this homely tale.
--Wordsworth.
[1913 Webster]
5. (Genealogy) Descending from the same stock or ancestor,
but not in the same line or branch or one from the other;
-- opposed to lineal.
[1913 Webster]
Note: Lineal descendants proceed one from another in a direct
line; collateral relations spring from a common
ancestor, but from different branches of that common
stirps or stock. Thus the children of brothers are
collateral relations, having different fathers, but a
common grandfather. --Blackstone.
[1913 Webster]
Collateral assurance, that which is made, over and above
the deed itself.
Collateral circulation (Med. & Physiol.), circulation
established through indirect or subordinate branches when
the supply through the main vessel is obstructed.
Collateral issue. (Law)
(a) An issue taken upon a matter aside from the merits of
the case.
(b) An issue raised by a criminal convict who pleads any
matter allowed by law in bar of execution, as pardon,
diversity of person, etc.
(c) A point raised, on cross-examination, aside from the
issue fixed by the pleadings, as to which the answer
of the witness, when given, cannot subsequently be
contradicted by the party asking the question.
Collateral security, security for the performance of
covenants, or the payment of money, besides the principal
security.
collateral damage, (Mil.) damage caused by a military
operation, such as a bombing, to objects or persons not
themselves the intended target of the attack.
[1913 Webster +PJC] |
collateral damage (gcide) | Collateral \Col*lat"er*al\ (k[o^]l*l[a^]t"[~e]r*al), a. [LL.
collateralis; col- + lateralis lateral. See Lateral.]
1. Coming from, being on, or directed toward, the side; as,
collateral pressure. "Collateral light." --Shak.
[1913 Webster]
2. Acting in an indirect way.
[1913 Webster]
If by direct or by collateral hand
They find us touched, we will our kingdom give . . .
To you in satisfaction. --Shak.
[1913 Webster]
3. Related to, but not strictly a part of, the main thing or
matter under consideration; hence, subordinate; not chief
or principal; as, collateral interest; collateral issues.
[1913 Webster]
That he [Attebury] was altogether in the wrong on
the main question, and on all the collateral
questions springing out of it, . . . is true.
--Macaulay.
[1913 Webster]
4. Tending toward the same conclusion or result as something
else; additional; as, collateral evidence.
[1913 Webster]
Yet the attempt may give
Collateral interest to this homely tale.
--Wordsworth.
[1913 Webster]
5. (Genealogy) Descending from the same stock or ancestor,
but not in the same line or branch or one from the other;
-- opposed to lineal.
[1913 Webster]
Note: Lineal descendants proceed one from another in a direct
line; collateral relations spring from a common
ancestor, but from different branches of that common
stirps or stock. Thus the children of brothers are
collateral relations, having different fathers, but a
common grandfather. --Blackstone.
[1913 Webster]
Collateral assurance, that which is made, over and above
the deed itself.
Collateral circulation (Med. & Physiol.), circulation
established through indirect or subordinate branches when
the supply through the main vessel is obstructed.
Collateral issue. (Law)
(a) An issue taken upon a matter aside from the merits of
the case.
(b) An issue raised by a criminal convict who pleads any
matter allowed by law in bar of execution, as pardon,
diversity of person, etc.
(c) A point raised, on cross-examination, aside from the
issue fixed by the pleadings, as to which the answer
of the witness, when given, cannot subsequently be
contradicted by the party asking the question.
Collateral security, security for the performance of
covenants, or the payment of money, besides the principal
security.
collateral damage, (Mil.) damage caused by a military
operation, such as a bombing, to objects or persons not
themselves the intended target of the attack.
[1913 Webster +PJC] |
Collateral issue (gcide) | Issue \Is"sue\ ([i^]sh"[-u]), n. [OF. issue, eissue, F. issue,
fr. OF. issir, eissir, to go out, L. exire; ex out of, from +
ire to go, akin to Gr. 'ie`nai, Skr. i, Goth. iddja went,
used as prefect of gaggan to go. Cf. Ambition, Count a
nobleman, Commence, Errant, Exit, Eyre, Initial,
Yede went.]
[1913 Webster]
1. The act of passing or flowing out; a moving out from any
inclosed place; egress; as, the issue of water from a
pipe, of blood from a wound, of air from a bellows, of
people from a house.
[1913 Webster]
2. The act of sending out, or causing to go forth; delivery;
issuance; as, the issue of an order from a commanding
officer; the issue of money from a treasury.
[1913 Webster]
3. That which passes, flows, or is sent out; the whole
quantity sent forth or emitted at one time; as, an issue
of bank notes; the daily issue of a newspaper.
[1913 Webster]
4. Progeny; a child or children; offspring. In law,
sometimes, in a general sense, all persons descended from
a common ancestor; all lineal descendants.
[1913 Webster]
If the king
Should without issue die. --Shak.
[1913 Webster]
5. Produce of the earth, or profits of land, tenements, or
other property; as, A conveyed to B all his right for a
term of years, with all the issues, rents, and profits.
[1913 Webster]
6. A discharge of flux, as of blood. --Matt. ix. 20.
[1913 Webster]
7. (Med.) An artificial ulcer, usually made in the fleshy
part of the arm or leg, to produce the secretion and
discharge of pus for the relief of some affected part.
[1913 Webster]
8. The final outcome or result; upshot; conclusion; event;
hence, contest; test; trial.
[1913 Webster]
Come forth to view
The issue of the exploit. --Shak.
[1913 Webster]
While it is hot, I 'll put it to the issue. --Shak.
[1913 Webster]
9. A point in debate or controversy on which the parties take
affirmative and negative positions; a presentation of
alternatives between which to choose or decide; a point of
contention; a matter in controversy.
[1913 Webster +PJC]
10. (Law) In pleading, a single material point of law or fact
depending in the suit, which, being affirmed on the one
side and denied on the other, is presented for
determination. See General issue, under General, and
Feigned issue, under Feigned. --Blount. Cowell.
[1913 Webster]
At issue, in controversy; disputed; opposing or contesting;
hence, at variance; disagreeing; inconsistent.
[1913 Webster]
As much at issue with the summer day
As if you brought a candle out of doors. --Mrs.
Browning.
Bank of issue, Collateral issue, etc. See under Bank,
Collateral, etc.
Issue pea, a pea, or a similar round body, used to maintain
irritation in a wound, and promote the secretion and
discharge of pus.
To join issue, or To take issue, to take opposing sides
in a matter in controversy.
[1913 Webster]Collateral \Col*lat"er*al\ (k[o^]l*l[a^]t"[~e]r*al), a. [LL.
collateralis; col- + lateralis lateral. See Lateral.]
1. Coming from, being on, or directed toward, the side; as,
collateral pressure. "Collateral light." --Shak.
[1913 Webster]
2. Acting in an indirect way.
[1913 Webster]
If by direct or by collateral hand
They find us touched, we will our kingdom give . . .
To you in satisfaction. --Shak.
[1913 Webster]
3. Related to, but not strictly a part of, the main thing or
matter under consideration; hence, subordinate; not chief
or principal; as, collateral interest; collateral issues.
[1913 Webster]
That he [Attebury] was altogether in the wrong on
the main question, and on all the collateral
questions springing out of it, . . . is true.
--Macaulay.
[1913 Webster]
4. Tending toward the same conclusion or result as something
else; additional; as, collateral evidence.
[1913 Webster]
Yet the attempt may give
Collateral interest to this homely tale.
--Wordsworth.
[1913 Webster]
5. (Genealogy) Descending from the same stock or ancestor,
but not in the same line or branch or one from the other;
-- opposed to lineal.
[1913 Webster]
Note: Lineal descendants proceed one from another in a direct
line; collateral relations spring from a common
ancestor, but from different branches of that common
stirps or stock. Thus the children of brothers are
collateral relations, having different fathers, but a
common grandfather. --Blackstone.
[1913 Webster]
Collateral assurance, that which is made, over and above
the deed itself.
Collateral circulation (Med. & Physiol.), circulation
established through indirect or subordinate branches when
the supply through the main vessel is obstructed.
Collateral issue. (Law)
(a) An issue taken upon a matter aside from the merits of
the case.
(b) An issue raised by a criminal convict who pleads any
matter allowed by law in bar of execution, as pardon,
diversity of person, etc.
(c) A point raised, on cross-examination, aside from the
issue fixed by the pleadings, as to which the answer
of the witness, when given, cannot subsequently be
contradicted by the party asking the question.
Collateral security, security for the performance of
covenants, or the payment of money, besides the principal
security.
collateral damage, (Mil.) damage caused by a military
operation, such as a bombing, to objects or persons not
themselves the intended target of the attack.
[1913 Webster +PJC] |
Collateral security (gcide) | Collateral \Col*lat"er*al\ (k[o^]l*l[a^]t"[~e]r*al), a. [LL.
collateralis; col- + lateralis lateral. See Lateral.]
1. Coming from, being on, or directed toward, the side; as,
collateral pressure. "Collateral light." --Shak.
[1913 Webster]
2. Acting in an indirect way.
[1913 Webster]
If by direct or by collateral hand
They find us touched, we will our kingdom give . . .
To you in satisfaction. --Shak.
[1913 Webster]
3. Related to, but not strictly a part of, the main thing or
matter under consideration; hence, subordinate; not chief
or principal; as, collateral interest; collateral issues.
[1913 Webster]
That he [Attebury] was altogether in the wrong on
the main question, and on all the collateral
questions springing out of it, . . . is true.
--Macaulay.
[1913 Webster]
4. Tending toward the same conclusion or result as something
else; additional; as, collateral evidence.
[1913 Webster]
Yet the attempt may give
Collateral interest to this homely tale.
--Wordsworth.
[1913 Webster]
5. (Genealogy) Descending from the same stock or ancestor,
but not in the same line or branch or one from the other;
-- opposed to lineal.
[1913 Webster]
Note: Lineal descendants proceed one from another in a direct
line; collateral relations spring from a common
ancestor, but from different branches of that common
stirps or stock. Thus the children of brothers are
collateral relations, having different fathers, but a
common grandfather. --Blackstone.
[1913 Webster]
Collateral assurance, that which is made, over and above
the deed itself.
Collateral circulation (Med. & Physiol.), circulation
established through indirect or subordinate branches when
the supply through the main vessel is obstructed.
Collateral issue. (Law)
(a) An issue taken upon a matter aside from the merits of
the case.
(b) An issue raised by a criminal convict who pleads any
matter allowed by law in bar of execution, as pardon,
diversity of person, etc.
(c) A point raised, on cross-examination, aside from the
issue fixed by the pleadings, as to which the answer
of the witness, when given, cannot subsequently be
contradicted by the party asking the question.
Collateral security, security for the performance of
covenants, or the payment of money, besides the principal
security.
collateral damage, (Mil.) damage caused by a military
operation, such as a bombing, to objects or persons not
themselves the intended target of the attack.
[1913 Webster +PJC] |
Collaterally (gcide) | Collaterally \Col*lat"er*al*ly\, adv.
1. Side by side; by the side.
[1913 Webster]
These pulleys . . . placed collaterally. --Bp.
Wilkins.
[1913 Webster]
2. In an indirect or subordinate manner; indirectly.
[1913 Webster]
The will hath force upon the conscience collaterally
and indirectly. --Jer. Taylor.
[1913 Webster]
3. In collateral relation; not lineally.
[1913 Webster] |
Collateralness (gcide) | Collateralness \Col*lat"er*al*ness\, n.
The state of being collateral.
[1913 Webster] |
decollate (gcide) | decollate \de*col"late\ (d[-e]*k[o^]l"l[=a]t), v. t. [imp. & p.
p. Decollated; p. pr. & vb. n. Decollating.] [L.
decollatus, p. p. of decollare to behead; de- + collum neck.]
To sever from the neck; to behead; to decapitate.
[1913 Webster]
The decollated head of St. John the Baptist. --Burke.
[1913 Webster] |
Decollated (gcide) | decollate \de*col"late\ (d[-e]*k[o^]l"l[=a]t), v. t. [imp. & p.
p. Decollated; p. pr. & vb. n. Decollating.] [L.
decollatus, p. p. of decollare to behead; de- + collum neck.]
To sever from the neck; to behead; to decapitate.
[1913 Webster]
The decollated head of St. John the Baptist. --Burke.
[1913 Webster]Decollated \De*col"la*ted\, a. (Zool.)
Decapitated; worn or cast off in the process of growth, as
the apex of certain univalve shells.
[1913 Webster] |
collate (wn) | collate
v 1: compare critically; of texts
2: to assemble in proper sequence; "collate the papers" |
collateral (wn) | collateral
adj 1: descended from a common ancestor but through different
lines; "cousins are collateral relatives"; "an indirect
descendant of the Stuarts" [syn: collateral,
indirect] [ant: direct, lineal]
2: serving to support or corroborate; "collateral evidence"
[syn: collateral, confirmative, confirming,
confirmatory, corroborative, corroboratory,
substantiating, substantiative, validating,
validatory, verificatory, verifying]
3: accompany, concomitant; "collateral target damage from a
bombing run"
4: situated or running side by side; "collateral ridges of
mountains"
n 1: a security pledged for the repayment of a loan |
collateral damage (wn) | collateral damage
n 1: (euphemism) inadvertent casualties and destruction
inflicted on civilians in the course of military operations |
collateral fraud (wn) | collateral fraud
n 1: fraud that prevents a party from knowing their rights or
from having a fair opportunity of presenting them at trial
[syn: extrinsic fraud, collateral fraud] |
collateralize (wn) | collateralize
v 1: pledge as a collateral; "The loan was collateralized by
government bonds" |
decollate (wn) | decollate
v 1: cut the head of; "the French King was beheaded during the
Revolution" [syn: decapitate, behead, decollate] |
COLLATERAL (bouvier) | COLLATERAL, collateralis. From latus, a side; that which is sideways, and
not direct.
|
COLLATERAL ASSURANCE (bouvier) | COLLATERAL ASSURANCE, contracts. That which is made over and above the deed
itself.
|
COLLATERAL FACTS (bouvier) | COLLATERAL FACTS evidence. Facts unconnected with the issue or matter in
dispute.
2. As no fair and reasonable inference can be drawn from such facts,
they are inadmissible in evidence, for at best they are useless, and may be
mischievous, because they tend to distract the attention of the jury, and to
mislead them. Stark. Ev. h.t.; 2 Bl. Rep. 1169; 1 Stark Ev. 40; 3 Bouv.
Inst. n. 3087.
3. It is frequently difficult to ascertain a priori, whether a
particular fact offered in evidence, will, or will not clearly appear to be
material in the progress of the cause, and in such cases it is usual in
practice for the court to give credit to the assertion of the counsel who
tenders such evidence, that the facts will turn out to be material; but this
is always within the sound discretion of the court. It is the duty of the
counsel, however, to offer evidence, if possible, in such order that each
part of it will appear to be pertinent and proper at the time it is offered;
and it is expedient to do so, as this method tends to the success of a good
cause.
4. When a witness is cross-examined as to collateral facts, the party
cross-examining will be bound by the answer, and he cannot, in general,
contradict him by another witness. Rosc. Ev. l39.
|
COLLATERAL ISSUE (bouvier) | COLLATERAL ISSUE, practice, pleading. Where a criminal convict pleads any
matter, allowed by law, in bar of execution; as pregnancy, a pardon, and the
like.
|
COLLATERAL KINSMEN (bouvier) | COLLATERAL KINSMEN, descent, distribution. Those who descend from one and
the same common ancestor, but not from one another; thus brothers and
sisters are collateral to each other; the uncle and the nephew are
collateral kinmen, and cousins are the same. The term collateral is used in
opposition to the phrase lineal kinsmen. (q.v.)
|
COLLATERAL SECURITY (bouvier) | COLLATERAL SECURITY, contracts. A separate obligation attached to another
contract, to guaranty its performance. By this term is also meant the
transfer of property or of other contracts to insure the performance of a
principal engagement. The property or securities thus conveyed are also
called collateral securities. 1 Pow. Mortg. 393; 2 Id. 666, n. 871; 3 Id.
944, 1001.
|
COLLATERAL WARRANTY (bouvier) | COLLATERAL WARRANTY, contracts, descent. Where the heir's title to the land
neither was, nor could have been, derived from the warranting ancestor; and
yet barred the heir from ever claiming the land, and also imposed upon him
the same obligation of giving the warrantee other lands, in case of
eviction, as if the warranty were lineal, provided the heir had assets. 4
Cruise, Real Prop. 436.
2. The doctrine of collateral warranty, is, according to Justice Story,
one of the most unjust, oppressive and indefensible, in the whole range of
the common law. 1 Sumn. R. 262.
3. By the statute of 4 & 5 Anne, c. 16, Sec. 21, all collateral
warranties of any land to be made after a certain day, by any ancestor who
has no estate of inheritance in possession in the same, were made void
against the heir. This Statute has been reenacted in New. York; 4 Kent, Com.
460, 3d ed.; and in New Jersey. 3 Halst. R. 106. It has been adopted and is
in force in Rhode Island; 1 Sumn. R. 235; and in Delaware. Harring. R. 50.
In Kentucky and Virginia, it seems that collateral warranty binds the heir
to the extent of assets descended. 1 Dana, R. 59. In Pennsylvania,
collateral warranty of the ancestor, with sufficient real assets descending
to the heirs, bars them from recovering the lands warranted. 4 Dall. R. 168;
2 Yeates, R. 509; 9 S. & R. 275. See 1 Sumn. 262; 3 Halst. 106; Harring. 50;
3 Rand. 549; 9 S. & R. 275; 4 Dall. 168; 2 Yeates, 509; 1 Dana, 50.
|
|