英文法律词典 I-22

IN WITNESS WHEREOF. These words, which, when conveyancing was in the Latin language, were in cujus rei testimonium, are the initial words of the concluding clause in deeds. " In witness whereof the said parties have hereunto set their hands," &c.

INADEQUATE¹ PRICE. This term is applied² to indicate the want of a sufficient consideration for a thing sold,or such a price as, under ordinary circumstances, would be considered insufficient³.

2. Inadequacy⁴ of price is frequently connected with fraud, gross misrepresentations, or an intentional⁵ concealment⁶ of the defects in the thing sold. In these cases it is clear the. vendor⁸ cannot compel the buyer to fulfil the contract. 1 Lev. 111; 1 Bro. P. C. 187; 6 John. R. 110; 3 Cranch, 270; 4 Dall. R. 250; 3 Atk. 283; 1 Bro. C. C. 440.

3. In general, however, inadequacy of price is not sufficient ground to avoid a contract, particularly' when the property has been sold by auction⁹. 7 Ves. jr. 30; 3 Bro. C. C. 228; 7 Ves. jr. 35, note. But if an uncertain consideration, as a life annuity¹⁰, be given for an estate, and the contract be executory, equity¹¹, it seems, will enter into the adequacy of the consideration. 7 Bro. P. C. 184; 1 Bro. C. C. 156. Vide. 1 Yeates, R. 312; Sugd. Vend⁷. 189 to 199; 1 B. & B. 165; 1 M'Cord's Ch. R. 383, 389, 390; 4 Desaus. R. 651. Vide Price.

INADMIISSIBLE. What cannot be received. Parol evidence, for example, is inadmissible to contradict a written agreement.

INALIENABLE. This word is applied to those things, the property of which cannot be lawfully¹² transferred from one person to another. Public highways and rivers are of this kind; there are also many rights which are inalienable, as the rights of liberty, or of speech.

INAUGURATION¹³. This word was applied by the Romans to the ceremony of dedicating some temple, or raising some man to the priesthood, after the augurs¹⁴ had been consulted. It was afterwards applied to the installation (q. v.) of the emperors, kings, and prelates, in imitation of the ceremonies of the Romans when they entered into the temple of the augurs. It is applied in the United States to the installation of the chief magistrate¹⁵ of the republic, and of the governors of the several states.

INCAPACITY. The want of a quality legally to do, give, transmit, or receive something.

2. It arises from nature, from the law, or from both. From nature, when the party has not his senses, as, in the case of an idiot; from the law, as, in the case of a bastard¹⁶ who cannot inherit from nature and the law; as, in the case of a married woman, who cannot make contracts or a will.

3. In general, the incapacity ceases with the cause which produces it. If the idiot should obtain his senses, or the married woman's hushand die, their incapacity would be at an end.

4. When a cause of action arises during the incapacity of a person having the right to sue, the act of limitation does not, in general, commence to run till the incapacity has been removed. But two incapacities cannot be joined in order to come within the statute¹⁷.