Archaic Legal Phrases in 19th Century Records

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Nineteenth-century legal records frequently contain Latin phrases and formal expressions that are no longer commonly used. These terms appear in court minutes, deeds, probate files, and published legal notices. Understanding them helps clarify legal actions and procedural context.

PhraseMeaning
AforesaidPreviously mentioned.
Alia“At another time” or “otherwise called.”
Amicus Curiae“Friend of the court”; advisor not a party to the case.
Bona FideIn good faith.
CertiorariOrder for lower court record review.
ChattelsPersonal property (movable goods).
De Bonis NonAdministrator appointed to manage remaining estate assets.
De FactoIn fact, though not formally recognized.
De JureBy law or legal right.
Deed PollDeed executed by one party only.
DemurrerObjection asserting complaint lacks legal basis.
EjectmentLegal action to recover possession of land.
EstoppelLegal bar preventing contradiction of prior claim.
Et Al.“And others.”
Et Seq.“And the following.”
Ex ParteProceeding involving one party only.
Ex Rel.“On the relation of.”
Fee SimpleAbsolute ownership of land.
Habeas CorpusOrder to bring detained person before court.
HeretoforeUp to this time.
In Re“In the matter of.”
In Testimony WhereofFormal closing phrase in deeds.
Inter Alia“Among other things.”
Inter VivosBetween living persons.
Ipso FactoBy the fact itself.
LachesNeglect resulting in loss of legal right.
Lis PendensPending lawsuit affecting property.
Malice AforethoughtIntent to commit wrongful act.
Nolle ProsequiFormal abandonment of prosecution.
Non Compos MentisNot of sound mind.
Nunc Pro TuncRetroactive legal action.
Per StirpesDistribution by family branch.
Prima FacieOn first appearance; sufficient evidence unless disproved.
Pro SeRepresenting oneself.
Quid Pro QuoSomething given in exchange.
Quiet TitleLegal action to confirm property ownership.
Res JudicataMatter already judged.
Scire FaciasWrit requiring party to show cause.
Subpoena Duces TecumOrder to produce documents.
TestatorPerson who made a will.
TestatrixFemale person who made a will.
TortCivil wrong causing harm.
TrespassUnlawful entry onto property.
UxorWife (often abbreviated “et ux.” in deeds).
Writ of AttachmentCourt order seizing property.
Writ of ExecutionOrder enforcing court judgment.

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