Also known as: titles of right · title · right title
Written by attorneys · grounded in primary & secondary sources — see below
A court-issued decree that creates, transfers, or extinguishes rights rather than serving merely as a remedy.
Thaddeus Tran contracted to buy land from Tabitha Taylor. At closing the title search revealed an unreleased lien that rendered the title unmarketable under the contract standard. The court entered a decree rescinding the contract and restoring the parties to their pre-contract positions, operating as a title of right that extinguished the buyer's equitable interest.
Timothy Tang, a sitting judge, permitted his judicial title to appear on the program of a bar association dinner. The event raised funds for legal aid. A disciplinary complaint followed. The resulting order from the judicial conduct commission, which permitted the use under the rule's exception, confirmed the judge's authority to participate.
Select any source to read its text and confirm it supports the definition.
Tristan Thompson remained in possession after his lease expired. The landlord obtained a court decree declaring Thompson a tenant at sufferance. The decree created no new estate but extinguished Thompson's prior possessory interest, serving as a title of right that confirmed the landlord's superior title.
Travis Tate and Thomas Thompson used partnership funds to purchase equipment. Title was taken in Tate's individual name without any partnership notation. When a creditor sought to reach the equipment, the court entered a decree declaring the asset partnership property. The decree operated as a title of right transferring beneficial ownership to the partnership.
A state statute granted titles of nobility to certain citizens. Thunderbolt Motors challenged the law as violating the federal constitution. The court issued a decree striking the statute. The decree removed the legal status previously conferred by the state.
Talon Security filed a complaint omitting one defendant from the caption. The court entered an order amending the caption to include all parties as required by rule. The order established the proper parties to the action and extinguished any defect in the original pleading title.
A title of right creates, transfers, or extinguishes a legal status or interest, whereas a damages judgment merely orders payment of money. The decree itself alters rights without requiring further enforcement steps such as execution.
Common examples include decrees of divorce, bankruptcy adjudications and discharges, foreclosure decrees, orders appointing or removing trustees, and grants of letters of administration. Each alters legal status or ownership rather than awarding compensatory relief.
No. Many titles of right arise in uncontested or administrative proceedings, such as the grant of letters of administration or a discharge in bankruptcy, yet they still create or extinguish rights by operation of the decree itself.
…to particular questions but not to the general competency to be sworn as witnesses. Mr. Lee illustrated that if one claimed title to land under a patent from the United States and the Secretary refused a copy, a mandamus could compel production; to obtain a mandamus one must show the patent is recorded and clerks can…