ALIENATION - Black's Law Dictionary

What is ALIENATION? Definition of ALIENATION in Black's Law Dictionary

In real property law, the transfer of the property and possession of lands, tenements, or other things, from one person to another. Termes de la Ley.

The term is particularly applied to absolute conveyances of real property. Conover v. Mutual Ins. Co., 1 N.Y. 290,294. The voluntary and complete transfer from one person  to another. Rich v. Doneghey, 71 Okl. 204, 177 P. 86, 89, 3 A.L.R. 352; Chouteau v. Chouteau, 49 Okl. 105, 152 P. 373, 376. Disposition by will. Contra, Postlethwaite v. Edson, 102 Kan. 619, 171 P. 769, 773, L.R.A.1918D, 983. Leases, especially of Indians' allotted lands. Bailey v. King, 57 Okl. 528, 157 P. 763, 764; Ashton v. Noble, 65 Okl. 45, 162 P. 784, 785; Williams v. Hylan, 215 N.Y.S. 101, 106, 126 Misc.Rep. 807. Every mode of passing realty by the act of the party, as distinguished from passing it by the operation of law. Rathbun v. Allen, 63 R.I. 109, 7 A.2d 273, 275. But the term is inapplicable to mortgages. Worthington v. Tipton, 24 N.M. 89, 172 P. 1048, 1049.

The act by which the title to real estate is voluntarily resigned by one person to another and accepted by the latter, in the forms prescribed by law. Cf. In re Ehrhardt, U.S.D.C., 19 F.2d 406, 407 (bankruptcy proceedings).

It is said to signify the wrongful transfer of property to another or the wrongful conversion of property for which an action of trover was maintainable at common law. Sauls v. Whitman, 171 Oki. 113, 42 P.2d 275, 280.

In medical jurisprudence, a generic term denoting the different kinds or forms of mental aberration or derangement.

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