Description in United States

Description Definition

An account of the accidents and qualities of a thing. Ayliffe, Pand. 60. A written account of the state and condition of personal property, titles, papers, and the like. It is a kind of inventory, but is more particular in ascertaining the exact condition of the property, and is. without any appraisement of it. iln Pleading. One of the rules which regulate the law of variance is that allegations of matter of essential description should be proved as laid. It is impossible to explain with precision the meaning of these words ; and the only practical mode of understanding the extent of the rule is to examine some of the leading decisions on the subject, and then to apply the reasoning or ruling contained therein to other analo- ‘ gous cases. With respect to criminal law, it is clearly established that the name or nature of the property stolen or damaged is matter of essential description. Thus, for example, if the charge is one of firing a stack of hay, and it turns out to have been a stack of wheat, or if a man is accused of stealing a drake, and it is proved to have been a goose, or even a duck, the’ variance is fatal. 1 Tayl. Ev. § 233. Of Persons. Words identifying a person by reference to a fiduciary or official capacity, as “Executor,” “Treasurer.” Such a word, without more, is generally regarded as merely descriptio personae, and not as indicative of intention to act in the official or fiduciary capacity. See “Addition.” Of Land. That part of a deed or other instrument that describes or identifies the property involved.

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An account of the accidents and qualities of a thing. Ayliffe, Pand. 60. A written account of the state and condition of personal property, titles, papers, and the like. It is a kind of inventory, but is more particular in ascertaining the exact condition of the property, and is. without any appraisement of it. iln Pleading. One of the rules which regulate the law of variance is that allegations of matter of essential description should be proved as laid. It is impossible to explain with precision the meaning of these words ; and the only practical mode of understanding the extent of the rule is to examine some of the leading decisions on the subject, and then to apply the reasoning or ruling contained therein to other analo- ‘ gous cases. With respect to criminal law, it is clearly established that the name or nature of the property stolen or damaged is matter of essential description. Thus, for example, if the charge is one of firing a stack of hay, and it turns out to have been a stack of wheat, or if a man is accused of stealing a drake, and it is proved to have been a goose, or even a duck, the’ variance is fatal. 1 Tayl. Ev. § 233. Of Persons. Words identifying a person by reference to a fiduciary or official capacity, as “Executor,” “Treasurer.” Such a word, without more, is generally regarded as merely descriptio personae, and not as indicative of intention to act in the official or fiduciary capacity. See “Addition.” Of Land. That part of a deed or other instrument that describes or identifies the property involved.

This definition of Description Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Description in the context of Real Estate

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• Legal Description