,FICTITIOUS PERSON. A United States patent for land to a fictitious person is void ; and a bone fide purchaser is not protected ; Hyde v. Shine, 199 U. S. 62, 25 Sup. Ct. 760, 50 L. Ed. 90.
In Civil Law. To become to pledge one's self; to act as surety for another. Among the words des ignated as words of obligation or forms of stipulation. do you make your self I do make my self Inst. 3. 15. 1.
An act by which any one binds himself as an additional security for another. This giving security does not de stroy the liability of the principal, but adds to the security of the surety. Vicat, Voc. Jur.; Halifax, Annals, b. 2, c. 16, n. 10.
In Civil Law. One who becomes security for the debt of another, promising to pay it in case the principal does not do so. 3 Bla. Com. 108, 291.
He differs from a co-obligor in this, that the lat ter le equally bound to a debtor, with his principal, while the former is not liable till the principal hae failed to fulfil his engagement; Dig. 12. 4. 4; 16, 1. 13 ; 24. S. 64 ; 38. 1. 37 ; 50. 17. 110; 6. 14. 20 ; Hall, Pr. 33; Dunl. Adm. Pr. SOO ; Clerke, Prax. tit. 63.
The obligation of the fide-jussor was an accessory contract ; for, if the principal ob ligation was not previously contracted, his engagement then took the name of mandate. Lec. Eldm. § 872; Code Nap. 2012.
See FlDEI-COMMISSARIUS (L. Lat.). In Civil Law. One who has a beneficial interest in an estate which, for a time, is committed to the faith or trust of another. This term has nearly the same meaning as cestivi, que is has in the common law. 1 Greenl. Cruise, Dig. 295; Story, Eq. Jur. § 966.
Fidei - commissary and fide - commissary, anglicized forms of this term, have been proposed to take place of the phrase cestui que trust, but do not seem to have met with any favor.
According to Du Cange, the term was sometimes used to denote the executor of a will.
(L. Lat.). In Civil Law. A trust. A devise was made to some person (hares fiduciartas), and a request an nexed that he should give the property to some one who was incapable of taking direct ly under the will. Inst. 2. 23. 1; 1 Greenl. Cruise, Dig. 295; McDonogh v. Murdoch, 15 How. (U. S.) 367, 407, 409, 14 L. Ed. 732. A. gift which a man makes to another through the agency of a third person, who is requested to perform the will of the giver. The Louisiana civil code prohibits fidei•com mtissa; Ducloslange v. Ross, 3 La. Ann. 432 ; thus abolishing express trusts, but not af fecting implied trusts; Gaines v. Chew, 2 How. (U. S.) 619, 11 L. Ed. 402.
The rights of the beneficiary were merely rights in curtesy, to be obtained by entreaty or request. Under Augustus, however, a system was commenced, which was complet ed by Justinian, for enforcing such trusts. The trustee or executor was called hares fiduciarius, and sometimes The beneficial heir was called hares sarius.
The uses of the common law are said to have been borrowed from the Roman fidei coramissa; 1 Greenl. Cruise 295; Bacon, Read. 19; see Bisph. Eq. 50; 1 Madd. 446; Story, Eq. Jur. § 966. The are supposed to have been the origin of the common-law system of entails ; 1 Spence, Eq. Jur. 21; 1 Washb. R. P. 60. This has been doubted by others. See SussTrrunoN.