Surrender in United States
Surrender Definition
A yielding up of an estate for life or years to him who has an immediate estate in reversion or remainder, by which the lesser estate is merged in the greater by mutual agreement. Co. Litt. 337b. The deed by which the surrender is made. A surrender is of a nature directly opposite to a release; for, as the latter operates by the greater estate descending upon the less, the former is the falling of a less estate into a greater, by deed. A surrender immediately divests the estate of the surrenderor, and vests it in the surrenderee, even without the assent of the latter. Shep. Touch. 300, 301. The technical and proper words of this conveyance are, surrender and yield up; but any form of words by which the intention of the parties is sufficiently manifested will operate as a surrender. Perk. § 607; 1 Term R. 441; Comyn, Dig. “Surrender” (A). The surrender may be express or implied. The latter is when an estate incompatible with the existing estate is accepted, or the lessee takes a new lease of the same lands. 16 Johns. (N. Y.) 28; 2 Wils. 26; 1 Barn. 6 Aid. 50; 2 Barn. & Aid. 119; 5 Taunt. 518. And see 6 East, 86; 9 Barn. & 0. 288; 7 Watts (Pa.) 123; Cruise, Dig. tit. 32, o. 7; Comyn, Dig.; 4 Kent, Comm. 102; Rolle, Abr.; 11 East, 317, note.
Surrender in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Surrender | Surrender in the World Legal Encyclopedia. |
| Surrender | Surrender in the European Legal Encyclopedia. |
| Surrender | Surrender in the Asian Legal Encyclopedia. |
| Surrender | Surrender in the UK Legal Encyclopedia. |
| Surrender | Surrender in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Surrender
Scan Surrender in the appropriate area of law:
| Link | Description |
|---|---|
| Surrender | Surrender in the Family Law Portal of the American Encyclopedia of Law. |
| Surrender | Surrender in the IP Portal of the American Encyclopedia of Law. |
| Surrender | Surrender in the Commercial Law Portal of the American Encyclopedia of Law. |
| Surrender | Surrender in the Criminal Law Portal of the American Encyclopedia of Law. |
| Surrender | Surrender in the Antritrust Portal of the American Encyclopedia of Law. |
| Surrender | Surrender in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Surrender | Surrender in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Surrender | Surrender in the Tax Law Portal of the American Encyclopedia of Law. |
| Surrender | Surrender in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Surrender | Surrender in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Surrender | Surrender in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Surrender | Surrender in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Surrender in the Dictionaries | Surrender in our legal dictionaries |
| http://lawi.us/surrender | The URI of Surrender (more about URIs) |
| Surrender related entries | Find related entries of Surrender |
Legal Issue for Attorneys
A yielding up of an estate for life or years to him who has an immediate estate in reversion or remainder, by which the lesser estate is merged in the greater by mutual agreement. Co. Litt. 337b. The deed by which the surrender is made. A surrender is of a nature directly opposite to a release; for, as the latter operates by the greater estate descending upon the less, the former is the falling of a less estate into a greater, by deed. A surrender immediately divests the estate of the surrenderor, and vests it in the surrenderee, even without the assent of the latter. Shep. Touch. 300, 301. The technical and proper words of this conveyance are, surrender and yield up; but any form of words by which the intention of the parties is sufficiently manifested will operate as a surrender. Perk. § 607; 1 Term R. 441; Comyn, Dig. “Surrender” (A). The surrender may be express or implied. The latter is when an estate incompatible with the existing estate is accepted, or the lessee takes a new lease of the same lands. 16 Johns. (N. Y.) 28; 2 Wils. 26; 1 Barn. 6 Aid. 50; 2 Barn. & Aid. 119; 5 Taunt. 518. And see 6 East, 86; 9 Barn. & 0. 288; 7 Watts (Pa.) 123; Cruise, Dig. tit. 32, o. 7; Comyn, Dig.; 4 Kent, Comm. 102; Rolle, Abr.; 11 East, 317, note.
Notice
This definition of Surrender is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.