Site icon The Law Dictionary

RAISE

To create. A use may be raised; i.e., a use may be created. Also to infer; to create or bring to light by construction or interpretation. Raise a presumption. To give occasion or ground for a’ presumption; to be of such a character, or to be attended with such circumstances, as to justify an inference or presumption of law. Thus, a person’s silence, in some instances, will “raise a presumption” of his consent to what is done. Raise an issue. To bring leadings to an issue; to have the effect of pro-ucing an issue between the parties pleading in an action. Raise revenue. To levy a tax, as a means of collecting revenue; to bring together, collect, or levy revenue. The phrase does not imply an increase of revenue. Perry County v. Selma, etc., R. Co., 58 Ala. 557. Raising a promise. By this phrase is meant the act of the law in extracting from the facts and circumstances of a particular transaction a promise which was implicit therein, and postulating it as a ground of legal liability. Raising a use. Creating, establishing, or calling into existence a use. Thus, if a man conveyed land to another in fee, without any consideration, equity would presume that he meant it to .be to the use of himself, and would therefore raise an implied use for his benefit. Brown. Raising an action, in Scotland, is the Institution of an action or suit. Raising money. To raise money is to realize money by subscription, loan, or otherwise. New York & R. Cement Co. v. Davis, 173 N. Y. 235, 66 N. E. 9; New London Literary Inst. v. Prescott, 40 N. H. 333. Raising portions. When a landed estate is settled on an eldest son, it is generally burdened with the payment of specific sums of money in favor of his brothers and sisters. A direction to this effect is called a direction for “raising portions for younger children;” and, for this purpose, it is usual to demise or lease the estate to trustees for a term of years, upon trust to raise the required portions by a sale or mortgage of the same. Mozley & Whitley.

Exit mobile version