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Remitter

Defined in 8 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Kinney (1893), Stimson (1881), Abbott (1879), Bouvier (1839)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

To be placed back in possession. When one having a right to lands is out of possession, and afterwards the freehold is cast upon him by some defective title, and he enters by virtue of that title, the law remits him to his ancient and more certain right, and, by an equitable fiction, supposes him to have gained possession under it. 3 Bl. Comm. 190; Comyn, Dig. "Remitter." REMITTERE (Lat. from re, again, and mittere, to send).

In old English practice. To send back; to give up or relinquish; to remise or release. Postea jus suum remisit, et qwietum clamavit, afterwards remised and quitclaimed his right. Bracton, fol. 313b. To remand on habeas corpus. 3 How. St. Tr. 161. REMITTIT DAMNA (Lat. he releases damages). An entry on the record, by which the plaintiff declares that he remits the damages or a part of the damages which have been awarded him by the jury, is so called. In some cases, a misjoinder of actions REMITTITUR DAMNUM (or DAMNA).

In practice. The act of the plaintiff upon the record, whereby he abates or remits the excess of damages found by the jury beyond the sum laid in the declaration. See 1 Saund. 285, note 6; 4 Conn, 109; Bouv. Inst. Index.

Ballentine's Law Dictionary

James A. Ballentine · 1916

One who remits; one who procures a foreign bill of exchange. See 183 Mass. 140, 97 Am. St. Rep. 426, 66 N. E. 646. The doctrine whereby one who hath a right to lands, but is out of possession, hath afterward the freehold cast upon him by some subsequent defective title, and enters by virtue of that title. See 3 Bl. Comm. 189, 190.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

To be placed back in possession. When one having a right to lands is out of possession, and afterwards the freehold is cast upon him by some defective title, and he enters by virtue of that title, the law remits him to his ancient and more certain right, and, by an equitable fiction, supposes him to have gained possession under it. 3 Bla. Com. 190; Com. Dig. Remitter; Litt. § 659. REMITTIT DAMN A (Lat. he releases damages). An entry on the record by which the plaintiff declares that he remits the damages or a part of the damages which have been awarded him by the jury. In some cases a misjoinder of action may

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

The relation back of a igter defective title to an earlier valid title. Remitter is where he who has the true property or jus proprietatis in lands, but Is out of possession thereof, and has no right to enter without recovering possession in an ' action, has afterwards the freehold cast upon him by some subsequent and of course defective title. In this case he is remitted or sent back by operation of law, to his ancient and more certain title. The right of entry which he has gained by a bad title shall be ipso facto annexed to his own inherent good one; and his defeasible estate shall be utterly defeated and annulled by the instantaneous act of law, without his participation or consent. 3 BL Comin. 19.

A Law Dictionary and Glossary

George C. Kinney · 1893

The sending back of a person to a title he had before, as where one who has the property in lands, but is out of possession, has the freehold cast upon him by some subsequent, and defective title, he is remitted, or sent back by operation of law, to his ancient and more certain title.

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Frederic Jesup Stimson · 1881

The doctrine who acquires a later ted to his original good of incumbrances by the Remittit damna, /. The he remits part of the Remittitur: the sending an iaferior court for ceedings.

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

A term in real-property law for a fiction or theory whereby one who has the right of entry in lands, but is out of possession, and who obtains possession of the lands under sopae subsequent title, which, however, is of course defective, is considered to be sent back (remitted), by operation of law, to his ancient and more certain title. The possession which he gained by a bad title is deemed annexed to his own good title, and his defeasible estate is annulled by the act of the law.

A Law Dictionary, Adapted to the Constitution and Laws of the United States

John Bouvier · 1839

estates, to be placed back in possession. When one having a right to lands is out of ssion, and afterwards the freehold is cast upon him by some defective title, and he enters by virtue of that title, the law remzts him to his ancient and more certain right, and, by an equitable fiction, supposes him to have gained possession under it. 3 BI. Com. 190; 18 Vin. Ab. 431; 7 Com. Dig. 234.