Also known as:combine · combines · combined · combining · combinations
Written by attorneys · grounded in primary & secondary sources — see below
A union of distinct elements or factors treated as a single whole for legal purposes.
Sources & Authorities
How it applies
Common Examples
6
Intermediate Mortgage Theory Applied
Continental Bank lent funds to Craig Caldwell secured by his home. The jurisdiction follows the intermediate theory. After default the bank sought possession of the rents. The court treated the mortgage as combining title and lien features and granted the bank possession rights while preserving Caldwell's equity of redemption.
Hearsay Within Hearsay Admitted
Catherine Carter offered a police report containing an informant's statement to an officer. Each layer of the combined statements satisfied a separate hearsay exception. The court admitted the evidence because both parts conformed to recognized exceptions.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
An officer stopped Christopher Collins after observing his one-way flight itinerary, cash payment, and nervous demeanor. Although each factor alone was innocuous, the court found the combination of factors created reasonable suspicion of criminal activity.
Per Capita at Each Generation Distribution
Connor Clark died leaving descendants in two generations. The will called for distribution by representation. The court divided the estate into equal shares based on the number of surviving descendants in the nearest generation plus deceased descendants who left surviving issue, then combined and redivided the remaining shares.
Fee Simple Defeasible Estate Created
Cade Carpenter conveyed land to Cecilia Cabrera in fee simple subject to a condition subsequent and an executory limitation. The court held that the estate was a fee simple defeasible because it was subject to a combination of such restrictions.
Interest in Land Under Statute
Copperfield Mining orally agreed to grant Canyon Construction a right of way across its property in exchange for services. The court treated the right of way as an interest in land because it was a combination of rights and privileges recognized under property law and not goods under the UCC.
Common questions
Frequently Asked
4
How does the intermediate mortgage theory differ from pure title and lien theories?+
The intermediate theory combines elements of both the title theory and the lien theory. It affects rights to possession, rents, and foreclosure procedure by blending features of the other two approaches.
When is hearsay within hearsay admissible under the rules of evidence?+
Hearsay within hearsay is admissible if each part of the combined statements independently satisfies an exception to the rule against hearsay.
Can a combination of innocuous factors support reasonable suspicion for a stop?+
Yes. Reasonable suspicion is judged under the totality of the circumstances and may rest on a combination of factors that together suggest criminal activity even if each factor alone is consistent with innocent behavior.
How are shares allocated when a will calls for distribution per capita at each generation?+
The property is divided into equal shares equal to the number of surviving descendants in the nearest generation plus deceased descendants in that generation who left surviving issue. Remaining shares are then combined and divided among the next generation in the same manner.
410 U.S. 113 (1973)Constitutional Law
…and possible future impairment of health. Any one or more of these several possibilities may not take place and all may not combine. In the Does' estimation, these possibilities might have some real or imagined impact upon their marital happiness. But we are not prepared to say that the bare allegation of so indirect an…