Satisfy
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
In technical use, generally means to comply actually and fully with a demand; to extinguish, by payment or performance. Satisfaction: the extinguishment of a demand, particularly of a judgment or lien, by payment, or of a claim by performance. In equity, the term satisfaction is largely used of extinguishment of a demand by something given, either in whole or in part, as a substitute and equivalent for something else, and not (as in performance) something that may be construed as the identical thing word imports a discharge or extinguishment of a debt, by payment and acceptance of something less in value than the sum due. Under an agreement to deliver certain notes or " make satisfaction," the satisfaction required is legal damages, being the value of the notes, if genuine, to be proved by the plaintiff.
Moore v. Fleming, 34 Ala. 491.
Wliere sales by the East India Company were made subject to a regulation that anj' buyer not making good the remainder of his purchase-money on or before the day limited for such payment should forfeit the deposit, and should be rendered incapable of buying again at any future sale, " until he shall have given satisfaction to the court of directors," it was held that the term satisfaction must be construed to mean pecuniary compensation for the non-performance of a buyer's agreement to pay on the appointed day.
Eagleton v. East India Company, 3 Bos. Sf P. 55.
The phrase " fully satisfied," applied to mental state, implies an exclusion of all doubts, reasonable or other. State v. Sears, PkiU.
L. 146.
Satisfaction piece
A brief, formal acknowledgment, in writing, made by a judgment creditor or his attorney, or by a mortgagee, setting forth that the judgment or mortgage has been satisfied; i.e., paid or otherwise extinguished. According to very general practice, this paper authorizes the officer having charge of the record to enter or mark upon the record that the incumbrance is satisfied, which extinguishes it for all purposes.
Satisfied term
A term of years in lands, created for a temporary purpose, which is executed or performed before the period named has expired, so that the object of the term is answered, the use for it is extinguished. It has been for some time the practice of English conveyancers, in draughting provisions in deeds affecting real estate, for the purpose of raising money for temporary objfcts (as, in mamage settlements, where it is desired to raise portions for younger children, or to apply money for the maintenance and education of children out of real estate intended to be settled), to demise such estate to trustees for two hnndred, five hundred, or other fictitious and imaginary term of years, for this purpose; and, subject thereto, the term was to be " in trust to attend the inheriever the object of the term might be, had been fulfilled, the land was to be enjoyed beneficially, as if the term had never been created. But the legal estate in the term of years was in the trustees; and, if it were disposed of by them to a bona fide purchaser, for valuable consideration, and without notice of the claim of those who would otherwise be entitled thereto, such purchaser would have the priority, during the remainder, of the term of two hundred or five hundred years, over the eldest son iutended to be benefited by the settlement. To avoid this result, provision was generally made for the " cesser of the term," when its purposes should be accomplished. By an act passed in 1845 (Stat. 8 & 9 Vict. ch. 112), known as the satisfied terms act, this cesser of a term the purpose of which has been accomplished is enacted once for all; and terms which shall thenceforth become attendant upon the inheritance, either by express declaration or by construction of law, are to cease and determine. This, in effect, abolishes outstanding terms.
See 1 Steph. Com. 380-382; Wms. R. P. Pt. IV. ch. 1.