COMMON-SOURCE DOCTRINE

common-source doctrine.The principle that a defendant in a trespass-to-try-title action who claims under a source common to both the defendant and the plaintiff may not demonstrate title in a third source that is paramount to the common source because doing so amounts to an attack on the source under which the defendant claims title. [Cases:…

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COMMON SERJEANT

common serjeant.A judicial officer, appointed by the city of London, who helps the recorder in criminal trials. [Blacks Law 8th]

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COMMON RECOVERY

common recovery.Hist. An elaborate proceeding, full of legal fictions, by which a tenant in tail disentailed a fee-tail estate. • The action facilitated land transfer by allowing a potential transferee who was barred by law from receiving land to “recover” the land by suing the actual owner. Common recoveries, which were abolished early in the…

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COMMON RULE EX PARTE

common rule ex parte.Hist. A court-docket entry reflecting that the case would be decided by a majority vote and would proceed even if a notified party did not appear. See Billington v.prague, 22 Me. 34 (1842). [Blacks Law 8th]

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