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Alienate

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

See Alienatio. To transfer property to another; to make a thing another man's.

Town of New Hartford v. Town of Canaan, 54 Conn. 40-45 (1886), cases. 1 Bl. Com. 373. Fairfax v. Hunter, 7 Cranch, 619-21 (1813), Story, J.; Conrad v. Waples, 96 U. S. 289-90 (1877); Phillips v. Moore, 100 id. 212 (1879); Hauenstein v. Lynham, ib. 484 (1879).

Butchers' Union Co. v. Crescent City Co., 111 U. S. In common law to alienate realty is voluntarily to part with ownership in it, by bargain and sale, conveyance, gift, or will. The right, originally, was a right in the owner of realty to divert it from his heir. To transfer or convey a title. An entry to foreclose does not do this.

Alienee.

He to whom property — realty, is transferred.

Alienor.

He by whom realty is transferred.

Alienation

Any method whereby an estate is voluntarily resigned by one man and accepted by another, whether that be effected by sale, gift, marriage, settlement, devise, or other transmission of property by the mutual consent of the parties. An act whereby one man transfers the property and possession of lands, tenements, or other things, to another. A transfer short of a conveyance of the title is not an alienation of an estate.

Absolute alienation

A transfer of realty without condition or qualification.

Conditional alienation

A transfer of realty made to rest upon some event yet to happen, or upon some act yet to be done; as, a covenant to convey an estate.

See Condition.