Home >> Bouvier's Law Dictionary >> A Rsu R A to Alimony >> Absolute

Absolute

co, ins and ed

ABSOLUTE (Lat. absobvere). Complete; perfect ; final ; without any condition or en cumbrance; as an absolute bond (simples obligatio) in distinction from a conditional bond; an absolute estate, one that is free from all manner of condition or incumbrance. See CONDITION.

A rule is said to be absolute when on the hearing it is confirmed and made final. A conveyance is said to be absolute, as dis tinguished from a mortgage or other condi tional conveyance; 1 Powell, Mort. 125.

Absolute rights are such as appertain and belong to particular persons merely as in dividuals or single persons, as distinguished from relative rights, which are incident to them as members of society ; 1 Sharsw. Bla. Com. 123 ; 1 Chit. Pr. 32.

Absolute property is where a man bath solely and exclusively the right and also the occupation of movable chattels; distinguish ed from a qualified property, as that of •a bailee ; 2 Sharsw. Bla. Com. 388; 2 Kent

347.

An absolute, estate in land is an estate in fee simple; Johnson v. McIntosh, 8 Wheat. (U. S.) 543, 5 L. Ed. 681; Fuller v. Missroon, 35 S. C. 314, 14 S. E. 714; Columbia Water Power Co. v. Power Co., 172 U. S. 492, 19 Sup. Ct. 247, 43 L. Ed. 521.

In the law of insurance that is an abso lute irnterest in property which is so com pletely vested in the individual that there could be uo danger of his being deprived of it without his own consent; Hough v. Ins. Co., 29 Conn. 10, 76 Am. Dec. 581; Reynolds v. Ins. Co., 2 Grant, Cas. (Pa.) 326; Wash ington Fire Ins. Co. v. Kelly, 32 Md. 452, 3 Am. Rep. 149; Columbia Water Power Co. v. Power 172 U. S. 492, 19 Sup. Ct. 247, 43 L. Ed. 521.

It may be used in the sense of vested; Wil liams v. Ins. Co.; 17 Fed. 65; Hough v. Ins. Co., 29 Conn. 20, 76 Am. Dec. 581.