UNDIVIDED. That which is held by the same title by two or more persons, whether their rights are equal, as to value or quantity, or unequal.
2. Tenants1 in common, joint-tenants, and partners, hold an undivided right in their respective properties, until partition has been made. The rights of each owner of an undivided thing extends over the whole and every part of it, totum in toto, et totum in qualibet parte. Vide Partition; Per my et per tout2.
UNICA TAXATIO, practice. The ancient language of a special award of venire, where of several defendants4, one pleads, and one lets judgment5 go by default, whereby the jury, who are to try and assess damages on the issue, are also to assess damages against the defendant3 suffering judgment by default. Lee's Dict. h. t.
UNILATERAL CONTRACT, civil law. When the party to whom an engagement is made, makes no express agreement on his part, the contract is called uni-lateral, even in cases where the law attaches certain obligations to his acceptance. Civ. Code of Lo. art. 1758. Code Nap. 1103. A loan of money, and a loan for use, are of this kind. Poth. Obl. part 1, c. 1, s. 1, art. 2; Lee. Elemen. §781.
UNINTELLIGIBLE6. That which cannot be understood.
2. When a law, a contract, or will, is unintelligible, it has no effect whatever. Vide Construction, and the authorities there referred to.
UNIO PROLIUM. A species of adoption7 used among the Germans; it signifies union of descent. It takes place when a widower8, having children, marries a widow, who also has children. These parents then agree that the children of both marriages shall have the rights to their succession, as those which may be the fruits of their marriage. Lec. Elem. §187.