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Transference

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

The Cyclopedic Law Dictionary

In Scotch law

The name of an action by which a suit which was pending at the time the party died is transferred from the deceased to his representatives, in the condition in which it stood formerly. If it be the pursuer who is dead,_the action is called a transference active; if the defender, it is a transference passive.

Ersk. Inst. 4. 1. 32.

TRAN8PERUNTUR DOMINIA SINE TITulo et tradltlono, per usucaptionem^ soil, per longam oontlnuam et paoificam posseselonem. Rights of dominion are transferred without title or delivery, by usucaption, to wit, long and quiet possession.

Co. Litt. 118.