Transference

Defined in 3 dictionaries — Cyclopedic (1922), Black's (1910), Abbott (1879)

The Cyclopedic Law Dictionary

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

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.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

In Scetch law. The proceeding to be taken upon the death of one of the parties to a pending snit, whereby the action is transferred or continued, in its then condition, from the decedent to his representatives. Transference is either active or passive; the former, when it is the pursuer (plaintiff) who dies; the latter, upon the death of the defender. Ersk. Inst 4, 1, 60. The transferring of a legacy from the persen to whom it was originally given to another; this is a spectes of ademption, but the latter is the more general term, and includes cases not covered by the former.

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

In Scotch law, is the term applied to an action by which a suit which was pending at the time that a party died is transferred from the deceased to his representatives, in the same 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. A party who desires the transference of a cause may now, under Stat. 31 & 32 "Vict. ch. 100, § 96, enrol the cause before the lord ordinary, and lodge a minute, craving a transference of the cause as against the party specified in the minute. The corresponding English practice is that the court or a judge may, in case of the marriage, death, bankruptcy, or devolution of estate by operation of law of any party to an action, order that the husband, representative, trustee, or other successor in interest of such party be made a party to the action. See Bell; Wharton; Mozley §• W. In the United States this is generally called the continuance, or the revival of an action.