CO-HEIR. One of several men among whom an inheritance is to be divided.
CO-HEIRESS. A woman who inherits an estate in common with other women. A joint1 heiress.
COIF. A head-dress. In England there are certain serjeants at law, who are called serjeants of the coif, from the lawn coif they wear on their heads under their thin caps when they are admitted to that order.
COIN, commerce, contracts. A piece of gold, silver or other metal stamped by authority of the government, in order to determine its value, commonly called money. Co. Litt. 207; Rutherf. Inst. 123. For the different kinds of coins of the United States, see article Money. As to the value of foreign coins, see article Foreign Coins.
COLLATERAL2, collateralis. From latus, a side; that which is sideways, and not direct.
COLLATERAL ASSURANCE, contracts. That which is made over and above the deed itself.
COLLATERAL FACTS evidence. Facts unconnected with the issue or matter in dispute.
2. As no fair and reasonable inference can be drawn3 from such facts, they are inadmissible in evidence, for at best they are useless, and may be mischievous4, because they tend to distract the attention of the jury, and to mislead them. Stark5. Ev. h. t.; 2 Bl. Rep. 1169; 1 Stark Ev. 40; 3 Bouv. Inst. n. 3087.
3. It is frequently difficult to ascertain6 a priori, whether a particular fact offered in evidence, will, or will not clearly appear to be material in the progress of the cause, and in such cases it is usual in practice for the court to give credit to the assertion of the counsel who tenders such evidence, that the facts will turn out to be material; but this is always within the sound discretion7 of the court. It is the duty of the counsel, however, to offer evidence, if possible, in such order that each part of it will appear to be pertinent8 and proper at the time it is offered; and it is expedient10 to do so, as this method tends to the success of a good cause.
4. When a witness is cross-examined as to collateral facts, the party cross-examining will be bound by the answer, and he cannot, in general, contradict him by another witness. Rosc. Ev. l39.
COLLATERAL ISSUE, practice, pleading. Where a criminal convict pleads any matter, allowed by law, in bar of execution; as pregnancy11, a pardon, and the like.
COLLATERAL KINSMEN12, descent, distribution. Those who descend13 from one and the same common ancestor, but not from one another; thus brothers and sisters are collateral to each other; the uncle and the nephew are collateral kinmen, and cousins are the same. The term collateral is used in opposition14 to the phrase lineal kinsmen. (q. v.)
COLLATERAL SECURITY, contracts. A separate obligation attached to another contract, to guaranty its performance. By this term is also meant the transfer of property or of other contracts to insure the performance of a principal engagement. The property or securities thus conveyed are also called collateral securities. 1 Pow. Mortg. 393; 2 Id. 666, n. 871; 3 Id. 944, 1001.
COLLATERAL WARRANTY15, contracts, descent. Where the heir's title to the land neither was, nor could have been, derived16 from the warranting ancestor; and yet barred the heir from ever claiming the land, and also imposed upon him the same obligation of giving the warrantee other lands, in case of eviction17, as if the warranty were lineal, provided the heir had assets. 4 Cruise, Real Prop9. 436.
2. The doctrine18 of collateral warranty, is, according to Justice Story, one of the most unjust, oppressive and indefensible, in the whole range of the common law. 1 Sumn. R. 262.
3. By the statute19 of 4 & 5 Anne, c. 16, 21, all collateral warranties20 of any land to be made after a certain day, by any ancestor who has no estate of inheritance in possession in the same, were made void against the heir. This Statute has been reenacted in New. York; 4 Kent, Com. 460, 3d ed.; and in New Jersey21. 3 Halst. R. 106. It has been adopted and is in force in Rhode Island; 1 Sumn. R. 235; and in Delaware. Harring. R. 50. In Kentucky and Virginia, it seems that collateral warranty binds22 the heir to the extent of assets descended23. 1 Dana, R. 59. In Pennsylvania, collateral warranty of the ancestor, with sufficient real assets descending24 to the heirs, bars them from recovering the lands warranted. 4 Dall. R. 168; 2 Yeates, R. 509; 9 S. & R. 275. See 1 Sumn. 262; 3 Halst. 106; Harring. 50; 3 Rand. 549; 9 S. & R. 275; 4 Dall. 168; 2 Yeates, 509; 1 Dana, 50.
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