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EXCAMBION

Volume 9 · 158 words · 1860 Edition

from the Italian Cambio, exchange, is the name given, in Scots law, to the contract by which one piece of land is exchanged for another. The deeds by which this contract is completed, must expressly bear that the lands are mutually given in excambion. In such deeds a real warrantice of the lands excambed is implied, so that in the case of eviction of either party from the land which he has received in excambion, he may recover possession of that which he gave in exchange. This warrantice holds good not only with the contracting parties but also with their heirs and singular successors. This species of contract is resorted to for straightening the marches of contiguous lands.

EX CATHEDRA, a Latin phrase, originally applied to the dictates or decisions of prelates, chiefly popes, delivered in their pontifical capacity. Hence, in common language, it is applied to any decision or order given with an air of official authority.