Assignment

In contracts. 1. The act by which one person transfers to another, or causes to vest in that other, the whole of the right, interest, or property which he has in any realty or personalty, in possession or in action, or any share, interest, or subsidiary estate therein. Seventh Nat. Bank v. Iron Co. (C. C.) 35 Fed. 440; Haug v. Riley, 101 Ga. 372, 29 S. E. 44, 40 In In A. 244. More particularly, a written transfer of property, as distinguished from a transfer by mere delivery. 2.

In a narrower sense, the transfer or making over of the estate, right, or title which one has in lands and tenements; and, in an especially technical sense, the transfer of the unexpired residue of a term or estate for life or years. Assignment does not include testamentary transfers. The idea of an assignment is essentially that of a transfer by one existing party to another existing party of some species of propertv or valuable interest, except in the case of an executor. Hight v. Sackett, 34 N. Y. 447. 3. A transfer or making over by a debtor of all his property and effects to one or more assignees in trust for the benefit of his creditors. 2 Story, Eq. Jur. § 1036. 4. The instrument or writing by which such a transfer of property is made. 5. A transfer of a bill, note, or check, not negotiable. 6. In bankruptcy proceedings, the word designates the setting over or transfer of the bankrupt's estate to the assignee.

— Assignment for benefit of creditors. An assignment whereby a debtor, generally an insolvent, transfers to another his property, in trust to pay his debts or apply the property upon their payment. Van Patten v. Burr, 52 Iowa, 518, 3 N. W. 524.

— Assignment of dower. Ascertnining a widow's right of dower by laying out or marking off one-third of her deceased husband's lands, and setting off the same for her use during life. Bettis v. Mc-Nider, 137 Ala. 588, 34 South. 813, 97 Am. St Rep. 59.
—-Assignment of error. See Error.

— Assignment with preferences. An assignment for the benefit of creditors, with directions to the assignee to prefer a specified creditor or class of creditors, by paying their clnims in full before the others receive any dividend, or in some other manner. More usually termed a "preferential assignment."

— Foreign assignment. An assignment made in a foreign country, or in another state. 2 Kent, Comm. 405, et seq.

— General assignment. An assignment made for the benefit of all the assignor's creditors, instead of a few only; or one which transfers the whole of his estate to the assignee, instead of a part only. Royer Wheel Co. v. Fielding, 101 N. Y 504, 5 N. E. 431; Halsey v. Co.nnell, 111 Ala. 221. 20 South. 445; Mussey v. Noyes, 26 Vt. 471,

— Voluntary assignment. An assignment for the benefit of his creditors made by a debtor voluntarily; as distinguished from a compulsory assignment which takes place by operation of law in proceedings in bankruptcy or insolvency. Presumably it means an assignment of a debtor's property in trust to pay his debts generally, in distinction from a transfer of property to a particular creditor in payment of his demand, or to a conveyance by way of collateral security or mortgage. Dias v. Bouchaud, 10 Paige. (N. Y.) 445.

A transfer or making over of any property real or personal, in possession or action, or of any estate or right therein: as, of an estate in lands; of a chattel personal, an equitable interest or a chose in action; a bill of exchange, promissory note, or check, by mere delivery or by writmg; ot all or a part of the property of a debtor in trust for the benefit of creditors, v. Voluntary assignment. Assignment of dower: the ascertaining and setting out of a widow's share in the estate of her husband. Assignment of errors: the statement of the plaintiff's case on a writ of error, setting forth the errors complained of.

A transfer of property. Assignment of dower: the ascertaining and setting out of a widow's share in her husband's estate. Assignment of errors: the statement of the case of the plaintiff in error, setting forth the errors complained of, and placed on the records; v. New assignment.

[L. Lat assignatio.] In conveyancing. A transfer or making over by one person to another, of any property real or personal, in possession or action, or of any estate or right therein.* A transfer or making over to another of the right one has in any estate [in lands or tenements;] but it is usually applied to an estate for life or years, 2 Bl. Com, 326. Dr. Wooddeson restricts the proper meaning of assignment, to " the transfer of the interest which any one has in the unexpired residue of a term or estate for years, 2 Wooddes, Lect, 170, 171. See Wathyns on Conv, b. 2, ch. iz. Mr. Stephen has otherwise modified the definition of Blackstone, making an assignment to be " properly a transfer or making over to another, of one's whole interest [in lands or tenements,] whatever that interest may be; but it is usually applied to express the transfer of an estate for life or years,** 1 Steph, Com, 485. A transfer or making over by one person to another, of a chattel personal, or chose in action; as of an article of merchandise, or household furniture, a ship, a copv-nght or patent right, a bond, a note, and the like. 2 Steph, Com. 104. A transfer or making over by a debtor, of all his property and effects, to one or more assignees in trust for the benefit of his creditors. 2 Story* s Eq, Jur, ch. 28. The instrument or writing by which a transfer of property is made. In real estate conveyancing, an assignment is a species of deed, and is classed by Blackstone and other writers, among common law conveyances of a secondary or derivative character. 2 Bl, Com, 810, 826. In the transfer of personal property, the instrument of assignment is frequently of an equally formal character, though it is more commonly termed a hill of sale, (q. v.) 2 Steph, Com, 104. In some cases, however, it is made in the form of a mere note or memorandum, and in the case of a negotiable bill or note, the assignment is effected bv the mere endorsement of the assignors name. Id, ibid, 105. U, S. Digest, Assignment, II. In an assignment of real estate, the operative words are^ "^as^ign, transfer and set • o^«l'*;7t^.®'*S^**^*^Dy' ^^® ^^^ " grant" is •instfrtei;' bift*ah^ words which show an intention to pffi Bs the property, will amount to an assignment. Watkyns on Conv, (by Preston,) b. 2, ch. ix. In assignments of chattels, the ordinary words are, " grant, bargain and sell, assign, transfer and set over." Id. ibid,