Post
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
After; afterwards. A writ of entry in a case where two or more alienations or descents have taken place between the original disseisor and the tenant in the writ, was said to be in the post, because it stated that the tenant had not entry unless after the ouster of the original intruder. Compare Pek. The word is also used to introduce many Latin phrases, among which are the following: Post conquestum. After the conquest. Words inserted in the king's title by King Edward I., and constantly used in the time of Edward III. Tomlins. said to be post-dated. Thus, parties making during July a contract which they designed should take effect from Aug. 1, might pass a note for the price, bearing date in July, but specifying that interest should run from Aug. 1, which would be literally according to the facts; but they would be more likely to simply date the note Aug. 1. This would be post-dating it, and would have the effect to start interest on that day.
Post-diem.
After the day. A term used in pleading, as of a plea of payment after the day fixed, which is expressed by the phrase solvit post diem, — he paid after the day.
Post disseisin
Where one person, having recovered lands from another in a possessory action, not being an assise of novel disseisin, was afterwards disseised by the party against whom he had obtained the judgment, the act of the latter was called a post disseisin; and the former might have a writ of post disseisin against him, which subjected the post disseisor to the same penalties as a re-disseisor.
Termes de la Ley; Cowel; 3 Bl. Com. 188.
Post entry
When goods are weighed or measured, and the merchant has got an account thereof at the custom-house, and finds his entry already made too small, he must make a post or additional entry for the surplusage, in the same manner as the first was done. Post entries are usually confined to cargoes of grain. M'Culloch Com. Diet. Post facto. See Ex post Facto. Post litem motam. After suit moved; after a controversy is begun; after a dispute has arisen. This term is sometimes applied to depositions taken or other acts done after a suit is brought; but it is generally applied to declarations upon a question of pedigree, made after the beginning of a controversy out of which a suit hag arisen. Such declarations are excluded, while previous declarations may be admissible. But the line of distinction is the origin of the controversy, not the commencement of the suit.
Post-mortem.
After death. A term generally applied to an examination of a dead body, to ascertain the cause of death, or to the inquisition for that purpose by the coroner. Post natus.
After-born.
Anciently designate those bom after some particular event; as the union of the crowns of England and Scotland, or the independence of the American colonies. It is the correlative of antenatus, q. v. Post-note. A banker's promise to pay money at a future time, in distinction from ordinary notes payable on demand; a bank-note payable afterwards, not immediately.
Post-nuptial.
After marriage. Thus an agreement entered into by a father after the marriage of his daughter, by which he engages to make a provision for her, would be termed a post-nuptial agreement. Post-obit, or post-obitum. A postobit bond is an agreement, on the receipt of money by the obligor, to pay a larger sum exceeding the legal rate of interest upon the death of the person from whom he, the obligor, has some expectations it he survive him.
Chesterfield v. Jameson, 2 Ves. 157.
It is a bond executed by a person on the receipt of money from another, whereby the borrower binds himself to pay to the lender a sura exceeding the sum so received, and the ordinary interest thereof, upon the death of a person upon whose decease he (the borrower) expects to become entitled to some property. Smith Man. Eq.