INHERENT POWER. An authority possessed1 without its being derived2 from another. It is a right, ability or faculty3 of doing a thing, without receiving that right, ability or faculty from another.
INHERITANCE, estates. A perpetuity in lands to a man and his heirs; or it is the right to succeed to the estate of a person who died intestate. Dig. 50, 16, 24. The term is applied4 to lands.
2. The property which is inherited is called an inheritance.
3. The term inheritance includes not only lands and tenements5 which have been acquired by descent, but also every fee simple or fee tail, which a person has acquired by purchase, may be said to be an inheritance, because the purchaser's heirs may inherit it. Litt. s. 9.
4. Estates of inheritance are divided into inheritance absolute, or fee simple; and inheritance limited, one species of which is called fee tail. They are also divided into corporeal6, as houses and lands and incorporeal7, commonly called incorporeal hereditaments. (q. v.) 1 Cruise, Dig. 68; Sw. 163; Poth. des Retraits, n. 2 8.
5. Among the civilians8, by inheritance is understood the succession to all the rights of the deceased. It is of two kinds, 1 . That which arises by testament9, when the testator gives his succession to a particular person; and, 2. That which arises by operation of law, which is called succession ab intestat. Hein. Lec. El. 484, 485.
INHIBITION, Scotch10 law,. A personal prohibition11 which passes by letters under the signet, prohibiting the party inhibited12 to contract any debt, or do . any deed, by which any part of the lands may be aliened or carried off, in prejudice of the creditor13 inhibiting14. Ersk. Pr. L. Scot. B. 2, t. 11, s. 2. See Diligences.
2. In the civil law, the probibition which the law makes, or a judge ordains15 to an individual, is called inhibition.
INHIBITION, Eng. law. The name of a writ16 which forbids a judge from further proceeding17 in a cause depending before him; it is in the nature of a prohibition. T. de la Ley; F. N. B. 39.
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