That kind of property which is not altogether real nor personal, but a compound of both. Heir-looms, tomb-stones, monuments in a church, and title deeds to an estate, are of this nature. 1 Ch. Pr. 95; 2 Bl. Com. 428; 3 Barn. Adolph. 174; 4 Bingh. R. 106; S. C. 13 Engl. Com. Law Rep. 362. … [Read more...]
MODERATA MISERICORDIA
A writ founded on Magna Charta. which lies for him who is amerced in a court not of record, for any transgression beyond the quality or quantity of the offense. It is addressed to the lord of the court, or his bailiff, commanding him to take a moderate amerciament of the parties. New Nat Brev. 167; Fitzh. Nat Brev. 76. … [Read more...]
MIXT CONTRACT
civil law. One in which one of the parties confers a benefit on the other, and requires of the latter something of less value than what he has given; as a legacy charged with something of less value than the legacy itself. … [Read more...]
MODERATE CASTIGAVIT
Latin: In pleading. He moderately chastised. The name of a plea in trespass which justifies an alleged battery on the ground that It consisted in a moderate chastisement of the plaintiff by the defendant, which, from their relations, the latter had a legal right to inflict … [Read more...]
MIXTION
The mixture or confusion of goods or chattels belonging severally to different owners, in such a way that they can no longer be separated or distinguished; as where two measures of wine belonging to different persons are poured together into the same cask. … [Read more...]