| slovo | definícia |
eviction
(encz) | eviction,vyklizení n: Zdeněk Brož |
Eviction
(gcide) | Eviction \E*vic"tion\, n. [L. evictio: cf. F. ['e]viction.]
1. The act or process of evicting; or state of being evicted;
the recovery of lands, tenements, etc., from another's
possession by due course of law; dispossession by
paramount title or claim of such title; ejectment; ouster.
[1913 Webster]
2. Conclusive evidence; proof. [Obs.]
[1913 Webster]
Full eviction of this fatal truth. --South.
[1913 Webster] |
eviction
(wn) | eviction
n 1: action by a landlord that compels a tenant to leave the
premises (as by rendering the premises unfit for
occupancy); no physical expulsion or legal process is
involved [syn: eviction, constructive eviction]
2: the expulsion of someone (such as a tenant) from the
possession of land by process of law [syn: eviction,
dispossession, legal ouster] |
EVICTION
(bouvier) | EVICTION. The loss or deprivation which the possessor of a thing suffers,
either in whole or in part, of his right of property in such a thing, in
consequence of the right of a third person established before a competent
tribunal. 10 Rep. 128; 4 Kent, Com. 475-7; 3 Id. 464-5.
2. The eviction may be total or partial. It is total, when the
possessor is wholly deprived of his rights in the whole thing; partial, when
he is deprived of only a portion of the thing; as, if he had fifty acres of
land, and a third person recovers by a better title twenty-five; or, of some
right in relation to the thing. as, if a stranger should claim and establish
a right to some easement over the same. When the grantee suffers a total
eviction, and he has a covenant of seisin, he recovers from the seller, the
consideration money, with interest and costs, and no more. The grantor has
no concern with the future rise or fall of the property, nor with the
improvements made by the purchaser. This seems to be the general rule in the
United States. 3 Caines' R. 111; 4 John. R. 1; 13 Johns. R. 50; 4 Dall. R.
441; Cooke's Term. R. 447; 1 Harr. & Munf. 202; 5 Munf. R. 415; 4 Halst. R.
139; 2 Bibb, R. 272. In Massachusetts, the measure of damages on a covenant
of warranty, is the value of the land at the time of eviction. 3 Mass. R.
523; 4 Mass. R. 108. See, as to other states, 1 Bay, R. 19, 265; 3 Des. Eq.
R. 245; 2 Const. R. 584; 2 McCord's R. 413; 3 Call's R. 326.
3. When the eviction is only partial the damages to be recovered under
the covenant of seisin, are a rateable part of the original price, and they
are to bear the same ratio to the whole consideration, that the value of
land to which the title has failed, bears to the value of the whole tract.
The contract is not rescinded, so as to entitle the vendee to the whole
consideration money, but only to the amount of the relative value of the
part lost. 5 Johns. R. 49; 12 Johns. R. 126; Civ. Code of Lo. 2490; 4 Kent's
Com. 462. Vide 6 Bac. Ab. 44; 1 Saund. R. 204: note 2, and 322 a, note 2; 1
Bouv. Inst. n. 656.
|
| | podobné slovo | definícia |
constructive eviction
(encz) | constructive eviction, n: |
retaliatory eviction
(encz) | retaliatory eviction, n: |
Eviction
(gcide) | Eviction \E*vic"tion\, n. [L. evictio: cf. F. ['e]viction.]
1. The act or process of evicting; or state of being evicted;
the recovery of lands, tenements, etc., from another's
possession by due course of law; dispossession by
paramount title or claim of such title; ejectment; ouster.
[1913 Webster]
2. Conclusive evidence; proof. [Obs.]
[1913 Webster]
Full eviction of this fatal truth. --South.
[1913 Webster] |
Reviction
(gcide) | Reviction \Re*vic"tion\, n. [From L. revivere, revictum, to live
again; pref. re- re- + vivere to live.]
Return to life. [Obs.] --Sir T. Browne.
[1913 Webster] |
actual eviction
(wn) | actual eviction
n 1: the physical ouster of a tenant from the leased premises;
the tenant is relieved of any further duty to pay rent |
constructive eviction
(wn) | constructive eviction
n 1: action by a landlord that compels a tenant to leave the
premises (as by rendering the premises unfit for
occupancy); no physical expulsion or legal process is
involved [syn: eviction, constructive eviction] |
retaliatory eviction
(wn) | retaliatory eviction
n 1: an eviction in reprisal for the tenant's good-faith
complaints against the landlord; illegal in many states |
EVICTION
(bouvier) | EVICTION. The loss or deprivation which the possessor of a thing suffers,
either in whole or in part, of his right of property in such a thing, in
consequence of the right of a third person established before a competent
tribunal. 10 Rep. 128; 4 Kent, Com. 475-7; 3 Id. 464-5.
2. The eviction may be total or partial. It is total, when the
possessor is wholly deprived of his rights in the whole thing; partial, when
he is deprived of only a portion of the thing; as, if he had fifty acres of
land, and a third person recovers by a better title twenty-five; or, of some
right in relation to the thing. as, if a stranger should claim and establish
a right to some easement over the same. When the grantee suffers a total
eviction, and he has a covenant of seisin, he recovers from the seller, the
consideration money, with interest and costs, and no more. The grantor has
no concern with the future rise or fall of the property, nor with the
improvements made by the purchaser. This seems to be the general rule in the
United States. 3 Caines' R. 111; 4 John. R. 1; 13 Johns. R. 50; 4 Dall. R.
441; Cooke's Term. R. 447; 1 Harr. & Munf. 202; 5 Munf. R. 415; 4 Halst. R.
139; 2 Bibb, R. 272. In Massachusetts, the measure of damages on a covenant
of warranty, is the value of the land at the time of eviction. 3 Mass. R.
523; 4 Mass. R. 108. See, as to other states, 1 Bay, R. 19, 265; 3 Des. Eq.
R. 245; 2 Const. R. 584; 2 McCord's R. 413; 3 Call's R. 326.
3. When the eviction is only partial the damages to be recovered under
the covenant of seisin, are a rateable part of the original price, and they
are to bear the same ratio to the whole consideration, that the value of
land to which the title has failed, bears to the value of the whole tract.
The contract is not rescinded, so as to entitle the vendee to the whole
consideration money, but only to the amount of the relative value of the
part lost. 5 Johns. R. 49; 12 Johns. R. 126; Civ. Code of Lo. 2490; 4 Kent's
Com. 462. Vide 6 Bac. Ab. 44; 1 Saund. R. 204: note 2, and 322 a, note 2; 1
Bouv. Inst. n. 656.
|
|