CASUPROVISO, practice. A writ1 of entry given by the statute2 of Gloucester, c. 7, when a tenant3 in dower aliens in fee or for life. It might have been brought by the reversioner against the alienee4. This, is perhaps an obsolete5 remedy, having yielded to the writ of ejectment. F. N. B. 205 Dane's Ab. Index, h. t.
CASUAL. What happens fortuitously what is accidental as, the casual revenue's of the government, are those which are contingeut or uncertain.
CASUAL EJECTOR, pratice, ejectment. A person, supposed to come upon-land casually6, (although usually by previous agreement,) who turns out the lessee7 of the person claiming the possession against the actual tenant or occupier of the land. 3 Bl. Com. 201, 202.
2. Originally, in order to try the right by ejectment, Several things were necessary to be made out before the court first, a title to the land, in question, upon which the owner was to make a formal entry; and being so in possession he executed a lease to some third person or lessee, leaving him in possession then the prior tenant or some other person, called the casual ejector, either by accident or by agreement beforehand, came upon the land and turned him out, and for this ouster or turning out, the action was brought. But these formalities are now dispensed8 with, and the trial relates merely to the title, the defendant10 being bound to acknowledge the lease, entry, and ouster. 3 Bl. Com. 202;.Dane's Ab. Index, h. t.
CASUS FOEDORIS. When two nations have formed a treaty of alliance, in anticipation11 of a war or other difficulty with another, and it is required to determine the case in which the parties must act in consequence of the alliance, this is called the casus foederis, or case of alliance. Vattel, liv. 3, c. 6, 88.
CASUS FORTUITUS. A fortuitous case; an uncontrollable accident an act of God. See Act of God; Cas fortuit; Fortuitous event.
CASUS OMISSUS. An omitted case.
2. When a statute or an instrument of writing undertakes to foresee and to provide for certain contingencies13, and through mistake, or some other cause, a case remains14 to be provided for, it is said to be a casus omissus.For example, when a statute provides for the descent of intestates estates, and omits a case, the estate descends15 as it did before the statute, whenever that, case occurs, although it appear to be within the general scope and intent of the statute. 2 Binn. R. 279.
3. When there has been a casus omissus in a statute, the subject is ruled by the common law: casus omissuset oblivioni datus dispositioni juris communis relinquitur. 5 Co. 38. Vide Dig. 38, 1, 44 and 55 Id. 38, 2, 10; Code, 6, 52, 21 and 30.
CATCHING16 BARGAIN, contracts, fraud. An agreement made with an heir expectant, for the purchase of his expectancy17, at an inadequate18 price.
2. In such case, the heir is, in general, entitled to relief in equity19, and way have the contract rescinded20 upon terms of redemption. 1 Vern. 167; 2 Cox, 80; 2 Cli. Ca. 136; 2 Vern., 121; 2 Freem. 111; 2 Vent12. 329; 2 Rep. in Ch. 396; 1 P.Wms. 312; 3 PWms. 290, 293, n.; 1Cro. C. C. 7; 2 Atk. 133; 2 Swanst. 147, and the cases cited in the note; 1 Fonb.140 1 Supp. to Ves. Jr. 66 Id. 361 1 Vern. 320, n. It has been said that all persons dealing21 for a reversionary interest are subject to this rule, but it may be doubted whether the course of decisions authorizes22 so extensive a conclusion and whether, in order to constitute a title to relief, the reversioner must not combine the character of heir. 2 Swanst. 148, n. Vide 1 Ch. Pr. 112, 113, n., 458, 826, 838, 839. A mere9 hard bargain is not sufficient ground for relief.
3. The French law is in unison23 with these principles. An agreement, which has for its object the succession of aman yet alive, is generally void.Merl. Rep. mots Succession Future. Vide also Dig. 14,6, and Lesion.
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