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Rejoining Gratis

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

Rejoining within four days from the delivery of the replication, without a notice to rejoin or demand of rejoinder.

Wharton, "Rejoinder;" 1 Archb. Prac. 280, 317; 10 Mees. & W. 12.

RELATIO EST FICTIO JURIS ET INtenta ad unum. Relation is a fiction of law, and intended for one thing.

3 Coke, 28.

RELATIO SEMPER FIAT UT VALEAT dispositio

Reference should always be had in such a manner that a disposition in a will may avail.

6 Coke, 76.

RELATION (Lat. re, back, fero, to bear). In Civil Law. The report which the judges made of the proceedings in certain suits to the prince were so called. These relations took place when the judge had no law to direct him, or when the laws were susceptible of difficulties. It was then referred to the prince, who was the author of the law, to give the interpretation. They were made in writing, and contained the pleadings of the parties and all the proceedings, together with the judge's opinion, and prayed the emperor to order what should be done. This ordinance of the prince thus required was called a "rescript." Their use was abolished by Justinian (Nov. 125). — I

In Contracts and Conveyances

A fiction of law whereby an act done at one time operates as if done at another time.

79 111. 467.

An act so operating is said to do so by relation. All the several parts and ceremonies necessary to complete a conveyance shall be taken together as one act, and operate from the substantial part by relation. Thus a deed given by a sheriff, upon a previous sale on execution, relates back to, and, in judgment of law, is executed at the time of tjie sale.

79 111. 467.

An entry in a United States land office on which a patent issues relates to the entry, and takes date with it.

21 How. 228.

A deed not acknowledged until long after its execution has been held to take effect from its date, the acknowledgment operating as of that time by relation.

75 Mo. 613.