| 词汇 | Title |
| 释义 | `1`Title `2` "Legal Lexicon": TITLE - The sum total of legally recognized rights to the possession and ownership of property. Ownership of property. The means whereby the owner of lands hath the just possession of his property. This is the definition of title to lands only. There are several stages or degrees requisite to form a complete title to lands and tenements. 1st. The lowest and most imperfect degree of title is 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. 2dly. 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. 3dly. The mere right of property, the jus proprietatis without either possession or the right of possession. A title is either good, marketable, doubtful, or bad. 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 ordinary acceptation of the term marketable title, would convey but a very imperfect notion of its legal and technical import. To common apprehension, unfettered by the technical and conventional distinction of lawyers, all titles being either good or bad, the former would be considered marketable, the latter non-marketable. But this is not the way they are regarded in courts of equity, the distinction taken there being not between a title which is absolutely good or absolutely bad, but between a title, which the court considers to be so clear that it will enforce its acceptance by a purchaser, and one which the court will not go so far as to declare a bad title, but only that it is subject to so much doubt that a purchaser ought not to be compelled to accept it. In short, whatever may be the private opinion of the court, as to the goodness of the title yet if there be a reasonable doubt either as to a matter of law or fact involved in it, a purchaser will not be compelled to complete his purchase; and such a title, though it may be perfectly secure and unimpeachable as a holding title is said, in the current language of the day, to be unmarketable. The doctrine of marketable titles is purely equitable and of modern origin. At law every title not bad is marketable. 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. At common law, doubtful titles are unknown; there every title must be either good or bad. A bad title is one which conveys no property to a purchaser of an estate. Title to real estate is acquired by two methods, namely, by descent and by purchase. Title to personal property may accrue in three different ways. By original acquisition. 2. By transfer, by act of law. 3. By transfer, by, act of the parties. Go to Title2 |
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