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Dictionary of Law Terms: Declaration

Damages. The indemnity which is recovered by one who has sustained injury to his person or property by the act or default of another. Declaration, in an action at law, signifies the plaintiff's statement of his cause of action.

Declaration of Trust. A written statement by which a person acknowledges himself to be a trustee for another. Decree. The judgment of a court.

Deed. A writing sealed and delivered by the parties to it. Default (judgment by). If a defendant omits to appear or plead to an action within the time allowed, the plaintiff may have judgment by default. Defaulter. A person who neglects to perform an act required to be done. Defeasance. A collateral deed made at the same time with some other deed, and containing certain conditions which may defeat or render null and void the provisions of such other deed.

Defendant. The party against whom an action or suit is brought. Del Credere. An agreement by which a factor selling goods on credit for an additional commission, (called a " del credere" commission), guarantees the solvency of the purchaser, and his performance of the contract. Demise. A word used in conveyances of estates for terms of years. Demurrer. A mode of raising a point of law, upon the facts stated in the pleadings, assuming them to be true.

Denizen. An alien who, on obtaining letters patent, was enabled to purchase and devise land.

Deodand was anything, as a horse or a carriage, which by accident caused the death of a human being, and thereby became forfeited.

Deposition. The testimony of a witness taken down in writing and signed by him. Descent. Hereditary succession to the title of real property. Detainer. A writ whereby a person may be detained in custody. Detinue. The form of action to recover chattels from one who lawfully acquired possession but retains them without right.

Devise. The giving away of lands or other real estate by will. Disability. A legal incapacity to do an act.

Disclaimer. A renunciation by an executor or trustee of the office imposed upon him; also a mode of defence in equity, etc.

Discovert. A term applied to a widow or unmarried woman. Disfranchise. To take away from certain places or persons any privilege, freedom, or liberty.