Raise
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
Has some peculiar uses, generally importing the idea of calling or bringing any thing into existence, or of inferring the existence of any thing Raising an action. In Scotland, is the institution of an action or suit.
Raising money
To raise money is to realize a sum of money, either by subscription or by loan.
Raising portions
When a landed estate is settled on an eldest son, it is generally burdened with the payment of specific sums of money in favor of his brothers and sisters. A direction to this effect is called a direction for ' ' raising portions for younger children; " and, for this purpose, it is usual to demise or lease the estate to trustees for a term of years, upon trust to raise the required poi-tions by a sale or mortgage of the same.
Raising a promise
When it is said that the law "raises a promise," or " raises an assumpsit," upon any given transaction, it is meant that a promise, for breach of which an action may be brought, is legally involved in, or to be inferred from, the transaction in question. Raising a use. Creating, establishing, or calling a use into existence. When it is said that equity raises a use, the meaning is that the existence of a use is to be inferred by proper construction from the words of a written instrument. Thus, if a man conveyed land to another in fee, without any consideration, equity would presume that he meant it to the use of himself, and would therefore raise an implied use for his benefit.
See Brown.