title

a regular chain of transfer from, or under the sovereignty of the soil

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

Estates. The means whereby the owner of lands hath the just possession of his property. Co. Litt. 345; 2 Bla. Com. 195. See Courcier v. Graham, 1 Ohio 349. This is the definition of title to lands only. ' A bad title is one which conveys no property to the purchaser of an estate. 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 J. & W. 568; SSebring v. Mersereau, 9 Cow. (N. Y.) 344. A good title is that which entitles a man by right to a property or estate, and to the lawful possession of the same. 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; Atk. Tit. 26. At law every title not bad is marketable; 5 Taunt. 625; 6 id. 263. 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 a presumptive title or the mere possession, or actual occupation of the estate, without any apparent right to hold or continue such possession: this happens when one man disseises another. The next step to a good and perfect title is the right of possession, 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 without either possession or the right of pos session. 2 Bla. Com. 195. Title to real estate is acquired by two methods, namely, by descent and by purchase; also under the statute of limitations; Montoya v. Gonzales, 232 U. S. 375, 34 Sup. Ct. 413, 58 L. Ed.. Prescription, in the Roman law, gave the possessor a perfect title. The statute of limitations provides, not that the adverse possessor shall acquire title, but that one who neglects for a given time to assert his right shall not thereafter enforce it. Still, as in the Roman law, title is gained by prescription. James Barr Ames, Lect. on Leg. Hist. 197, 3 Sel. Essays in Anglo-Amer. L. Hist. 567, where he notes a contrary view held by Prof. Langdell in Summary of Eq. PI. § 122. See Adverse Possession; Land Title and Transfer. Proceedings by the United States against a corporation for the condemnation of land, in which the state of the title and pending litigation as to it is set up in the pleadings, is not a concession that title is in such corporation; U. S. v. Water Power Co., 229 U. S. 53, 33 Sup. Ct. 667, 57 L. Ed. 1063. Title to personal property may accrue in three different ways: by original acquisition; by transfer by act of law; by transfer' by art of the parties. Title by original acquisition is acquired by occupancy, see Occupancy; by accession, see Accession; by intellectual labor, see Patent; Copyright; Trade-Mark. 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. Title is acquired and lost by the act of the party, by gift, by contract or sale. In general, possession constitutes the criterion of title of personal property ( q. v.) t because no other means exist by which a knowledge of the fact to whom it belongs can be attained. A seller of 'a chattel is not, therefore, required to show the origin of his title, nor, in general, is a purchaser, without notice of the claim of the owner, compellable to make restitution; but it seems that a purchaser from a tenant for life of personal chattels will not be secure against the claims of those entitled in remainder; Cowp. 432; 1 Bro. C. C. 274. Ordinarily possession of personal property constitutes the indicia of title thereto. It is, however, at best but prima facie evidence of ownership; Miller Piano Co. v. Parker, 135 Pa. 208, 26 Atl. 303, 35 Am. St Rep. 873. One who is not the owner cannot in genera] pass the title. The chief exception is under the doctrine of market overt, which see. There are exceptions also in cases where one in possession has evidences of title which enable him to commit a fraud on a third party, in which cases the law may protect the ey or negotiable securities may pass title to them. See Sales; Fraudulent Conveyances; Possession; Market Overt; Marketable Title; Finder; Vessel; F. O. B. As an exception to the rule that possession is the criterion of title of property may be mentioned the case of ships, the title of which can be ascertained by the register; 15 Ves. Ch. 60; 8 Price 256. 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. While the title of a statute cannot be used to add to or take from the body thereof, yet in cases of doubt, it may be referred to as a help to the interpretation; Church of Holy Trinity v. U. S., 143 U. S. 457, 12 Sup. Ct. 511, 36 L. Ed. 22G. See Construction. Formerly the title was held to be no part of a bill, though it could be looked to when the statute was ambiguous; Patterson v. The Eudora, 190 U. S. 169, 23 Sup. Ct. 821, 47 L. Ed. 1002; Cornell v. Coyne, 192 U. S. 418, 24 Sup. Ct. 383, 48 L. Ed. 504; Smith v. Scott, 31 Wis. 431; but it could not enlarge or restrain the provisions of the act itself; Hadden v. The Collector, 5 Wall. (U. S.) 107, 18 L. Ed. 518. In later years constitutional provisions have required that the title of every legislative act shall correctly indicate the subject-matter of the act; Cooley, Const. Lim. 172. The object of this was mainly to prevent surprise in legislation. An act must have but one general object, which is fairly indicated by the title; a title may be general if it does not cover incongruous legislation; Endl. Interp. Stat. 59; Indiana C. Ry. Co. v. Potts, 7 Ind. 681; People v. Briggs, 50 N. Y. 553; the use of the words “other purposes” have no effect; Town of Fishkill v. Road Co., 22 Barb. (N. Y.) 642; Board of County Corn’rs v. Smelting Co., 3 Colo. App. 223, 32 Pac. 717. It is said that the courts will construe these provisions liberally rather than embarrass legislation by a construction, the strictness of which is unnecessary to the attainment of the beneficial purposes for which they were adopted; Cooley, Const. Lim. 178. In construing an act, the court will strike from it all that relates to the object not indicated by the title, and sustain the rest if it is complete in itself; id. 181; Ex parte Cowert, 92 Ala. 94, 9 South. 225. These provisions are usually considered mandatory, though they were held to be directory in Washington v. Page, 4 Cal. 388. In Pennsylvania, where an act of assembly is entitled a supplement to a former act, and the subject thereof is germane to that of the original act, its subject is sufficiently expressed; State Line & J. R. Co.’s Appeal, 77 Pa. 429. Where the constitution requires that the subject of every act shall be clearly expressed ment and approval, the act is invalid; Chicago, B. & Q. R. Co. v. Smyth, 103 Fed. 376. The inclusion in a statute of a section foreign to the subject of the act and not mentioned in the title does not invalidate the remainder of the act, though it may itself be void; Southern Pac. Co. v. Bartine, 170 Fed. 725. In England the title was formerly held to be no part of a statute, but was commonly framed by the clerk after the bill had passed; Eby’s Appeal, 70 Pa. 314, per Sharswood, J. It is now held to be a part of a statute; [1899] 1 Ch. 3. Personal Relations. A distinctive appellation denoting the rank to which the individual belongs in society. See Rank; Nobility. 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; Wheat Int. Law, 3d Eng. ed. § 159. In Pleading. The right of action which the plaintiff 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 future pleadings. Bacon, Abr. Pleas, etc. (B 1). In Rights. The name of a newspaper, a book, and the like. See Trade-Mark.

The radical meaning of this word appears to be that of a mark, style or designation; a distinctive appellation; the name by which anything is known. Thus, in the law of persons, a title is an appellation of dignity or distinction, a name denoting the social rank of the person bearing it; as "duke" or "count." So, in legislation, the title of a statute is the heading or preliminary part, furnishing the name by which the act is individually known. It is usually prefixed to the statute in the form of a brief summary of its contents; as "An act for the prevention of gaming." Again, the title of a patent is the short description of the invention, which is copied in the letters patent from the inventor's petition; e. g., "a new and improved method of drying and preparing malt" Johns. Pat Man. 90. In the law of trade-marks, a title may become a subject of property; as one who has adopted a particular title for a newspaper, or other business enterprise, may, by long and prior user, or by compliance with statutory provisions as tq registration and notice, acquire a right to be protected in the exclusive use of It Abbott The title of a book, or any literary composition, is its name; that is, the heading or caption prefixed to it, and disclosing the distinctive appellation by which it is to be known. This usually comprises a brief description of its subject-matter and the name of its author. "Title" is also used as the name of one of the subdivisions employed in many literary works, standing intermediate between the divisions denoted by the term "books" or "parts," and those designated as "chapters" and "sections."

In real property law. Title is the means whereby the owner of lands has the just possession of his property. Co. Litt 345; 2 Bl. Comm. 195. Title is the means whereby a person's right to property is established. Co.de Ga. 1882, § 2348 Title may be defined generally to be the evidence of right which a person has to the possession of property. The word "title" certainly does not merely signify the right which a person has to the possession of property; because there are many instances in which a person may have the right to the possession of property, and at the same time have no title to the same.

In iis ordinary legal acceptation, however, it generally seems to imply a right of possession also. It therefore appears, on the whole, to signify the outward evidence of the right, rather than the mere right itself. Thus, when it is snid that the "most imperfect degree of title consists in the mere naked possession or acfual occupation of an estate," it means that the mere ciicumstance of occupying the estate is the weakest species of evidence of the occupier's right to such possession. The word is defined by Sir Edward Coke thus; Titulus est )usta causa possidendi id quod nostrum est, (1 Inst. 34;) that is to say, the ground, whether purchase, gift, or other such ground of acquiring; "titulus" being distinguished in this respect from "modus acquirendi," which is the traifctio, i. e., delivery or conveyance of the thing. Brown. Title is when a man hath lawful cause of entry into lands whereof another is seised; and it signifies also the means whereby a man comes to lands or tenements, as by feoffment, last will and testament, etc. The word "title" includes a right, but is the more general word. Every right is a title, though every title is not a right for which an action lies. Jacob. See also Donovan v. Pitcher, 53 Ala. 411, 25 Am. Rep. 634; Kamphouse v. Gaffuer, 73 111. 458; Pannill v. Coles, 81 Va. 383; Hunt v. Eaton, 55 Mich. 362, 21 N. W. 429; Loventhni v. Home Ins. Co., ll2 Ala. 108, 20 South. 419, 33 L. R. A. 258, 57 Am. St. Rep. 17; Irving v. Brownell, 11 111. 414; Roberts v. Wentworth, 5 Cush. (Mass.) 193; Campfield v. Johnson. 2l N. J. Law, 85; Pratt v. Fountain. 73 Ga. 262. A title is a lawful cause or ground of possessing that which ls ours. An interest, though primarily it includes the terms "estate," "right," and "title," bas latterly come often to mean less, and to be the same as "concern," "share," and the like. Merrill v. Agricultural Ins. Co., 73 N. Y. 456. 29 Am. Rep. 184. The investigation of titles is one of the principal branches of conveyancing, and in that practice the word "title" has acquired the sense of "history," rather than of "right." Thus: we speak of an abstract of title, and of investigating a title, and describe a doanment as forming part of the title to property. Sweet.

In pleading. The right of action which the plaintiff 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 future pleadings. Bac. Abr. "Pleas," etc., B 1. In procedure, every action, petition, or other proceeding has a title', which consists of the name of the court in which it is pending, the names of the parties, etc. Administration actions are further distinguished by the name of the deceased person whose estate is being administered. Every pleading, summons, affidavit, etc., commences with the title. In many cases it is sufficient to give what is calied the "short title" of an action, namely, the court, the reference to the record, and the surnames of the first plaintiff and the first defendant. Swcet.

— Absolute title. As applied to title to land, an "absolute" title means an exclusive title, or at least a title which excludes ali others not compatible with it; an absolute title to land cannot exist at the same lime in different persons or in different governments. Johnson v. McIntosh, 8 Wheat. 543, 588, 5 L. Ed. 681,

— Abstract of title. See that title.

— Adverse title. A title set up in opposition to or defeasance of another title, or one acquired or claimed by adverse possession.

— Bond for title. See Bond.

— Chain of title. See that title.

— Color of title. See that title.

— Covenants for title. Covenants usually inserted in a conveyance of land, on the part of the grantor, and binding him for the completeness, security, and continuance of the title transferred to the grantee. They comprise "covenants for seisin, for right to convey, against incumr brances, for quiet enjoyment, sometimes for further assurance, and almost always of warranty." Rawle, Co.v. § 21,

— Doubtful title. See that title.

— Equitable title. An equitable title is a right in the party to whom it belongs to have the legal title transferred to him; or the beneficial interest of one person whom equity regains as the real owner, although the legal title is vested in another. Thygerson v. Whitbeck, 5 Utah, 406, 16 Pac. 403; Beringer v. Lute, 188 Pa. 364, 41 Atl. 643.

— Imperfect title. One which requires a further exercise of the granting power to pass the fee in land, or which does not convey full and absolute dominion. Paschal v. Perez, 7 Tex. 367; Paschal v. Dangerfield, 37 Tex. 300,

— Legal title. One cognizable or enforceable in a court of law, or one which ls complete and perfect so far as regards the apparent right of ownership and possession, but which carries no beneficial interest in the property, another person being equitably entitled thereto ; in either case, the antithesis of "equitable title."

— Lucrative title. In the civil law, title acquired without the giving of anything in exchange for it; the title by which a person acquires anything which comes to him as a clear gain, as, for instance, by gift, descent, or devise. Opposed to "onerous title," as to which see infra.

— Marketable title. See that title.

— Onerous title. In the civil law, title to property acquired by the giving of a valuable consideration for it, such as the payment of money, the rendition of services, the performance of conditions, the assumption of obligations, or the discharge of liens on the property; opposed to "lucrative" title, or one acquired by gift or otherwise without the giving of an equivalent See Scott v. Ward, 13 Cal. 471; Kircher v. Murray (C. Ct) 54 Fed. 624; Yates v. Houston. 3 Tex. 453; Rev. Civ. Code La. 1900, art. 3556, subd. 22.

— Paper title. A title to land evidenced by a conveyance or chain of conveyances; the term generally implying that such title, while it has color or plausibility, is without substantial validity.

— Passive title. In Scotch law. A title incar-red by an heir in heritage who does not enter as heir in the regular way, and therefore incurs liability for ali the debts of the decedent, irrespective of the amount of assets. Paterson.

— Perfect title. Various meanings have been attached to this term: (1) One which shows the absolute right of possession and of property in a particular person. Henderson v. Beatty, 124 Iowa, 163, 99 N. W. 716; Converse v. Kellogg, 7 Barb. (N. Y.) 590; Wilcox Lumber Co. v. Bullock, 109 Ga. 532, 35 S. E. 52; Donovan v. Pitcher, 53 Ala. 411, 25 Am. Rep. 634. (2) A grant of land which requires no further act from the legal authority to constitute an absolute title to the land taking effect at once. Hancock v. McKinney, 7 Tex. 457. (3) A title which does not disclose a patent defect suggesting the possibility of a lawsuit to defend it; a title such as a well-informed and prudent man paying full value for the property would be willing to take. Birge v. Bock, 44 Mo. App. 77.
(4) A title which is good both at law and in equity. Warner v. Middlesex Mut. Assur. Co., 21 Conn. 449.
(5) One which is good and valid beyond all reasonable doubt. Sheehy v. Miles, 93 Cal. 2S8, 28 Pac. 1046; Reynolds v. Borel, 86 Cal. 538, 25 Pac. 67.
(6) A marketable or merchantable title. Ross v. Smiley, 18 Co.lo. App. 204, 70 Pac. 766 ; McCleary v. Chipman, 32 Ind App. 489, 68 N E. 320.

— Presumptive title. A barely presumptive title, which ls of the very lowest order, arises out of the mere occupation or simple possession of property, (jus possessionis,) without any apparent right, or any pretense of right, to hold and continue such possession.

— Record title. See Record.

— Singular title. The title by which a party acquires property as a singular successor.

— Tax title. See Tax.

— Title-deeds. Deeds which constitute or are the evidence of title to lands.

— Title insurance. See Insurance.

— Title of a cause. The distinctive appellation by which any cause in court, or other juridical proceeding, is known and discriminated from others.

— Title of an act. The heading, or introductory clause, of a statute, wherein is briefly recited its purpose or nafure, or the subject to which it relates.
—Title of clergymen, (to orders.) Some certain place where they may exercise their functions; also an assurance of being preferred to some ecclesiastical benefice. 2 Steph. Co.mm. 661.

— Title of declaration. That preliminary clause of a declaration which states the name of the court and the term to which the process is returnable.

— Title of entry. The right to enter upon lands Cowell.

— Title to orders. In English ecclesiastical law. a title to orders is a certificate of preferment or provision required by the thirty-third canon, in order that a person may be admitted into holy orders, unless he be a fellow or chaplain in Oxford or Cambridge, or master of arts of five years' standing in either of the universities, and living there at his sole charges ; or unless the bishop himself intends shortly to admit him to some benefice or curacy. 2 Steph. Co.mm 661.

The means by which the owner of land has just possession; a caption, heading, name or designation of a book, writing, or some principal portion of the same; the name of an office, naval or military, or of the holder thereof; an addition to-a name, indicating office or honor. Title deeds: deeds which evidence title to lands; muniments of title.

DOUBTFUL, chancery practice. 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. & Walk. R. 568; vide Title, Marketable. At common law, doubtful titles are unknown; there every title must be either good or bed, Atkins on Titl. 17.