Mixed

Occurs in some technical phrases. Mixed action. Lawsuits which partake of the twofold nature of real and personal actions, having for their for a wrong sustained, are termed mixed actions. Mixed actions are those which are brought for the specific recovery of lands, lilce real actions, but comprise, joined with this claim, one for damages in respect of such property; such as the action of waste, where, in addition to the recovery of the place wasted, the demandant claims damages; writ of entry, in which, by statute, a demand of mesne profits; and dower, in which a claim for detention, may be included.

Hall V. Decker, 48 Afe. 255.

Mixed contract

In the civil law, denotes a transaction in which one of the parties confers a benefit on the other, and requires of the latter something of less value than what he has given; a legacy charged with something of less value than the legacy itself is an example.

Mixed government

A form of government combining some of the features of the monarchic, aristocratic, and democratic forms.

Mixed Izirceny

Compound larceny, or larceny combined with recognized circumstances of aggravation (see Larceny), is sometimes styled mixed.

Mixed policy

A policy of marine insurance in which not only the time is specified for which the risk is limited, but the voyage also is described by its local termini; as opposed to policies of insurance for a particular voyage, without any limits as to time, and also to purely time policies, in which there is no designation of local termini at all. (Am. Mar. Ins. 4th ed. p. 351; Crump Mar. Ins. § 371.) Mozley SrW.

Mixed property

Such as is not entirely real, nor completely personal, but partakes of both characters. Property which, though falling under the definition of things real, is attended with some of the legal qualities of things personal. Also property which, though falling under the definition of things personal, is attended with some of the legal qualities of things real.

2 Sleph. Com. 214.

The phrase includes such subjects as fall within the definition of things real, but which are attended, nevertheless, with some of the legal qualities of things personal, as emblements, fixtures, and shares in public undertakings, connected with land. Besides these, there are others, which, though things personal in point of definition, are, in respect of some of their legal qualities, of the nature of things real; such are animals ferm naturm, charters and deeds, court-rolls and other evidences of the land, together tombstones, coats of armor, with pennons and other ensigns, and especially heirlooms.

Wharton.

Mixed question. A question which partakes the natures of a question of law and one of fact; such as whether an asportation, a conversion, or an acceptance has been shown in a given case; what is reasonable time for performance of an act. Also, sometimes, a question arising from the conflict of different systems of laws. Yet the terming any question a mixed question of law and fact is chargeable with some degree of indistinctness. Questions of law and fact are not in strictness ever mixed. It is always for the jury to decide the one, and the court the other, however complicated the case may be. In some cases, the main difficulty may consist in ascertaining the facts, where the application of the law to the ascertained facts admits of no doubt; in another, the facts may be clear and simple, and their legal effect doubtful; but still in each case the provinces of the court and jury are perfectly plain and distinct. It is true that, in some instances, the court could not, without the aid of a conclusion of fact drawn by a jury, apply the law; but this consideration does not properly occasion any intermixture of a confusion of the respective functions of the court and jury; for the latter, in drawing their conclusion, still confine themselves to mere matters of fact.

Wharton.

Mixed tithes, were tithes taken from secondary, not immediate, produce of the land; as, one-tenth of the chickens or milk or eggs raised.

Mixed -war

A mixed war is one which is made on one side by public authority, and on the other by mere private persons. (Grotius, b. 1, ch. 3, § \;.Euth. b. 2, ch. 9, § 9.) People V. Mc Leod, 1 HiU, 377, 415.