Title

The means whereby the owner of lands hath the just possession of his property.

Co. Litt. 345; 2 Bl. Comm. 195. See 1 Ohio, 349.

This is the definition of title to lands only. (1) A bad title is one which conveys no property to the purchaser of an estate. (2) A doubtful title is one which the court does not consider to be so clear that it will enforce its acceptance by a purchaser, nor so defective as to declare it a bad title, but only subject to so much doubt that a purchaser ought not to be compelled to accept it. 1 Jac. & W. 568; 9 Cow. (N. Y.) 344. (3) A good title is that which entitles a man by right to a property or estate, and to the lawful possession of the same. (4) A marketable title is one which a court of equity considers to be so clear that it will enforce its acceptance by a purchaser. The doctrine of marketable titles is purely equitable and of modern origin.

Atkins, Titles, 26.

At law every title not bad is marketable.

5 Taunt. 625; 6 Taunt. 263; 1 Marsh. 258. See 2 Pa. Law J. 17.

There are several stages or degrees requisite to form a complete title to lands and tenements. The lowest and most imperfect degree of title is the mere possession, or acsession. This happenB when one man disseises another. The next step to a good and perfect title is the right of posse Bslon, which may reside in one man while the actual possession is not in himself, but in another. This right of possession is of two sorts, — an apparent right of possession, which may be defeated by proving a better, and an actual right of possession, which will stand the test against all opponents. The mere right of property, the jus proprietatis, without either possession or the right of possession.

2 Bl. Comm. 195.

Title to real estate is acquired by descent, by purchase, and by adverse possession. Title to personal property may accrue in three different ways, — ^by original acquisition, by transfer by act of law, by transfer by act of the parties. Title by original acquisition is acquired by occupancy (see "Occupancy"); by accession (see "Accession"); by intellectual labor (see "Literary Property"). The title to personal property is acquired and lost by transfer by act of law, in various ways, — ^by forfeiture, succession, marriage, judgment, insolvency, intestacy (q. V.) Title is acquired and lost by transfer by the act of the party by gift, by contract, or sale. In Legislation. That part of an act of the legislature by which it is known and distinguished from other acts; the name of the act. In Literature. The particular division of a subject, as a law, a book, and the like; for example.

Digest, book 1, title 2.

The name of a newspaper, book, etc.

Personal Relations

A distinctive appellation denoting the rank to which the individual belongs in society. The constitution of the United States foi^ bids the grant by the United States or any state of any title of nobility. Titles are bestowed by courtesy on certain officers. The president of the United States sometimes receives the title of "Excellency;" judges and members of congress, that of "Honorable;" and members of the bar and justices of the peace are called "Esquires." Coeper, Just. Inst. 416; Brackenridge, Law Misc. Titles are assumed by foreign princes, and among their subjects they may exact these marks of honor; but in their intercourse with foreign nations they are not entitled to them as a matter of right. Wheaton, Int. Law, pt.

2, c. 3, I 6.

In Pleading^ The right of action which the plaintifiP has. The declaration must show the plaintiff's title, and if such title be not shown in that instrument, the defect cannot be cured by any of the fu- • ture pleadings.

Bac Ahr. "Pleas, etc." (B 1).

In Praotioe.. That part of a pleading or other papw in a cause that states the