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Simple English definitions for legal terms
descent cast
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A quick definition of descent cast:
A descent cast is a historical legal term that refers to the transfer of property that was acquired through wrongful means, such as trespassing or taking possession without permission, to the rightful heir of the deceased owner who did not leave a will. This transfer of property would only occur after the rightful owner brought a legal action to reclaim their property. Essentially, it means that the right to enter and reclaim the property was suspended until the legal action was taken.
A more thorough explanation:
Definition: Descent cast is a historical term used to describe the transfer of property that was acquired through illegal means, such as disseisin (wrongful dispossession), abatement (forcible entry), or intrusion (unlawful entry), to the heir of the deceased owner who died without leaving a will. This transfer of property would toll (suspend) the real owner's right to reclaim the property until they brought a legal action.
Example: John was the rightful owner of a piece of land, but he was forcibly removed from it by his neighbor, Tom. John died without leaving a will, and his son, Jack, inherited the property through descent cast. However, Tom still had possession of the land, and Jack could not reclaim it until he brought a legal action against Tom.
Explanation: This example illustrates how descent cast was used to transfer property that was acquired through illegal means to the rightful heir of the deceased owner. It also shows how the real owner's right to reclaim the property was suspended until they brought a legal action.