A Law Dictionary And Glossary: Containing Full Definitions of the ..., volume 1
A Law Dictionary And Glossary: Containing Full Definitions of the ..., volume 1
Alexander Mansfield Burrill
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4 Kenfs Com. 469. Story, J. 1 Sumner's R. 262. As where a young- er brother released to his father's disseisor with warranty, this was collateral to the elder brother. Litt. sect 706, 707. So where a son purchased lands in fee, and his fkther disseised him, and aliened to an- other with warranty, and died, this was a collateral warranty to the son. Id. sect 704, 705. See 2 HUliard's Real Prop. 361, 362. U. S. Digest, Collateral war- ran^. See Lineal warranty. %* The distinction between lineal a...nd collateral warranty seems to have always been a subtle one, and not easily appre- hended ; and the most careful definitions given in the books are not firee from ob- scurity, owing in a great degree to the peculiar meanii^ given to the word col- lateral. Lord Coke, in commenting upon Littleton, (sect 717,) observes thai "it is not adjudged in law a collateral warranty in respect of the blood, for the warranty may be collateral, albeit the blood be lineal, and the warranty may be lineal, al- beit the blood be collateral But it is in law deemed a collateral warranty in re- spect that he that maketh the warranty is collateral to the title of him upon whom the warranty doth fell" Co.
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