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ALIENATION

In real property law. The transfer of the property and possession of lands, tenements, or other things, from one person to another. Termes de la Ley. It is particularly applied to absolute conveyances of real property. Conover v. Mutual Ins. Co., 1 N. Y. 290, 294. The act by which the title to real estate Is voluntarily resigned by one person to another and accepted by the latter, in the forms prescribed by law. The voluntary and complete transfer from one person to another, involving the complete and absolute exclusion, out of him who alienates, of any remaining interest or particle of interest, in the thing transmitted; the complete transfer of the property and possession of lands, tenements, or other things to another. Orrell v. Bay Mfg. Co., 83 Miss. 800, 36 South. 561, 70 L. R. A. 881; Burbank v. Insurance Co., 24 N. H. 558, 57 Am. Dec. 300; United States v. Schurz, 102 U. S 378, 26 L. Ed. 167; Vining v. Willis, 40 Kan. 609, 20 Pac. 232. In medical jurisprudence. A generic term denoting the different kinds or forms of mental aberration or derangement. Alienation office. In English practice. An office for the recovery of fines levied upon writs of covenant and entries. Alienation pending a suit is void. 2 P. Wms. 482; 2 Atk. 174; 3 Atk. 392; 11 Ves. 194; Murray v. Ballow, 1 Johns. Ch. (N. Y.) 566, 580.

Law Dictionary – Alternative Legal Definition

(A) estates. Alienation is an act whereby one man transfers the property and possession of lands, tenements, or other things, to another. It is commonly applied to lands or tenements, as to alien (that is, to convey) land in fee, in mortmain. 2. Alienations may be made by deed; by matter of record; and by devise. 3. Alienations by deed may be made by original or primary conveyances, which are those by means of which the benefit or estate is created or first arises; by derivative or secondary conveyances, by which the benefit or esta te originally created, is enlarged, restrained, transferred, or extinguished. These are conveyances by the common law. To these may be added some conveyances which derive their force and operation from the statute of uses. The original conveyances are the following: 1. Feoffment; 2. Gift; 3. Grant; 4. Lease; 6. Exchange; 6. Partition. The derivative are, 7. Release; 8. Confirmation; 9. Surrender; 10. Assignment; 11. Defeasance. Those deriving their force from the statute of uses, are, 12. Covenants to stand seised to uses; 13. Bargains and sales; 14. Lease and release; 15. Deeds to lend or declare the uses of other more direct conveyances; 16. Deeds of revocation of uses. 20. Vide Conveyance; Deed. Alienations by matter of record may be, 1. By private acts of the legislature; 2. By grants, as by patents of lands; 3. By fines; 4. By common recovery. Alienations may also be made by devise (B) med. jur. The term alienation or mental alienation is a generic expression to express the different kinds of aberrations of the human understanding.

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