relation
Defined in 5 dictionaries — Case Law, Ballentine's (1916), Black's (1910), Anderson (1889), Abbott (1879)
Definitions from Case Law
From 78 U.S. 566 - Steinbach v. Stewart · 1870Most cited · 25 citing opinions
where several acts concur to make a complete conveyance the original act is preferred, and all others relate to it.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
2. The connection of two persons, or their situation with respect to each other, who are associated, whether by the law, by their own agreement, or by kinship, in some soclal status or union for the purposes of domestic life; as the relation of guardian and ward, husband and wlfe, master and servant, parent and child; so in the phrase "domestic relations."
3. In the law of contracts, when an act ls done at one time, and it operates upon the thing as if done at another time, it is said to do so by relation; as, lf a man deliver a deed as an escrW, to be delivered, by the party holding it, to the grantor, on the performance of some act, the delivery to the latter wlll have relation back to the first' delivery. Termes de la Ley. See U. S. v. Anderson, 194 U. S. 394, 24 Sup. Ct 716, 48 L. Ed. 1035; Peyton v. Desmond, 129 Fed. 11, 63 C. C. A. 65L
4. A recital, account, narrative of facts; information given. Thus, suits by quo warranto are entitled "on the relation of" a private person, who is called the "relator." But in this connection the word seems also to involve the idea of the suggestion, instigation, or instance of the relator.
5. In the civil law, the term "relation" was used to designate the report of the facts and law in a pending case, made by the judges to the emperor, for the purpose of obtaining his opinion on the questions of law involved, in the form of an imperial rescript This proceeding might be resorted to in cases where no law seemed applicable, or where there were great difficulties in its interpretation, until it was abolished by Justinian. Nov. 125. Relation never defeats collateral acts. 18 Vim Abr. 292. Relation shall never make good a void grant or devise of the party. 18 Vin. Abe, 292.
A Dictionary of Law
William C. Anderson · 1889
^ 1. The principle by which an act done at one time is viewed, by a fiction of law, as done at an antecedent period. Applies where several proceedings are essential to complete a particular transaction, as, the execution of a conveyance or deed. The last proceeding which consummates the conveyance is held for certain purposes to take effect as of the day when the first proceeding was had.' Thus, as between the parties to an application for a patent for land, when the title is consummated by all the necessary forms it relates back to the day when the patent was ordered; but not so when third persons, who are not parties, will be prejudiced thereby.* The doctrine is applied to subserve the ends of jus- * L. re-habilitare, to have again. 2 White V. Hart, 13 Wall. 648 (1871); Knote v. United States. 95 U. S. 153 (1877); 48 Pa. 833. ' Philadelphia Trust, &c. Co. v. Audenreid, 83 Pa. 264 (187T), Woodward, J. See also Fuller v. Atwood, 13 E. I. 316 (1881). « Collins V. United States, 15 Ct. CI. 22 (1S7S), Richardson, J.; Kilbum's Case, ib. 41 (1879); Co Uins's Case, 16 Op. Att.-Gen. 624 (1879). ' = Adkins v. Anderson, 10 M. & W. *14 (1842). * L. re-latum^ borne back, carried back. tice, and to protect parties deriving their interests from the claimant pending proceedings for the confirmation of his title. Effect is given to the confirmation as of the day when the proceedings were instituted.' Other -illustrations: an instrument delivered as a deed, but previously held as an escrow, bears the date of the delivery of the escrow; an assignment in bankruptcy transfers the debtor's title as it existed at the date of the filing of the petition; an act may give, character to a prior act and make a case of trespass ab initio; the judgment of a court has been held to be rendered as of the first day of the term.^ 2. A narrative; information: as, in speaking of the suit of the State " at the relation " of {ex relatione, or ex rel.) A. B. v. C. D. Relator. An informant: the plaintiff in pi-oceedings by quo warranto. See War-
Dictionary of Terms and Phrases Used in American or English Jurisprudence
Benjamin Vaughan Abbott · 1879
1. A connection or tie between two subjects; the bearing or effect of one thing upon another; the association or union of two persons for some purpose of domestic life, or in some social status, as the relation of guardian and ward. 2. Special reasons sometimes exist ■why effect should be given to an act or transaction as if it had taken place at an earlier date than that of its actual occurrence; and, when this fiction is applied, the act or transaction is said to operate by relation, or to relate back. Thus it is common to say that assignment' in bankruptcy operates by relation to transfer the bankrupt's title as it existed at the date of filing the petition. 3. An account of occurrences; a narrative; information given, as in the form of entitling suits by guo warranto, — the people, upon the relation of J S. 4. Relation is constantly used for a person considered as socially or legally connected with another. For this, however, relative is the better word. " Relation " might better be confined to the connection or tie; and " relative " employed to designate either of the persons involved. Such expressions as bequest to relations, blood relations, poor relations, would be better formed by substituting " relative." Relation, in its widest extent, embraces persons of every degree of consanguinity, and extends to all persons who are descended from the same common ancestors. Thus a granddaughter of a sister of the father of a testator is a relation of the testator. Huling v. Fenner, 9 R. I. 410. Where the word relations is used in a the devise would be void, from the uncertainty and generality of the term. Crossly V. Clare, 1 Amb. 397. Relation does not include a wife. Esty V. Clark, 101 Mass. 36. Relation does not include a step-son of a testator. Kimball v. Story, 108 Mass. 382. If a power is given in a will to "apportion to the relations " of the deceased, the appointment must be confined to the next of kin, according to the statiite of distributions, — especially if, by using the word relations in that restricted sense, in another part of the will, the testator appears so to have intended it. Varrell u. Wendell, 20 N. H. 431. Relation, in Wis. Rev. Stat. ch. 97, § 29, providing that " when a devise or legacy shall be made to any child or other relation of the testator, and the devisee or legatee shall die before the testator, leaving issue who shall survive the testator, such issue shall take the estate so given," includes only relations by consanguinity. Cleaver V. Cleaver, 39 Wis. 96.