Written by attorneys · grounded in primary & secondary sources — see below
An adverbial phrase indicating derivation from or relation to collateral relatives or matters.
Sources & Authorities· 30 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Post-Closing Repair Dispute
Danielle Dixon accepted the deed to a home from Dover Bank at closing without any repair covenants in the deed itself. After discovering needed roof repairs that the sales contract had mentioned, Danielle attempted to enforce the contract term. The court held that the contract merged into the deed, discharging the unembodied promise and leaving Danielle without a contract claim.
Collateral Heir Inheritance
Devon Drake devised land to his niece and her heirs. When the niece died without lineal descendants, her collateral relatives claimed the land under the will. The court recognized that the limitation permitted inheritance by collateral heirs as well as lineal ones.
Demetrius Douglas held a senior mortgage on an office building while Dominion Capital held a junior mortgage. Both sought appointment of a receiver after default. Because the senior mortgagee had priority and no agreement existed between them, the court appointed the senior mortgagee's receiver to control rents and operations.
Immediate Appeal of Immunity Denial
Dorothy Daniels, a state official sued in federal court, moved to dismiss on Eleventh Amendment grounds. After the district court denied the motion, she appealed immediately. The court of appeals accepted the appeal because the order conclusively resolved an important immunity issue separate from the merits and would be effectively unreviewable after final judgment.
Perfected Supporting Obligation
Destiny Davis granted a security interest in her accounts receivable to Drake Logistics and perfected it by filing. When a customer later pledged its own equipment as collateral for the receivable, Drake's security interest automatically extended to that supporting obligation without a separate filing.
Sham Marriage Challenge
Daniel Diaz married a foreign national solely to obtain immigration benefits under an agreement that they would not live together or support each other. When immigration authorities questioned the marriage, the court examined whether the collateral agreement negated the required marital intent and held the marriage invalid as contrary to public policy.
Common questions
Frequently Asked
3
What does the phrase de latere signify in legal usage?+
It indicates matters or persons connected through collateral rather than lineal relationships, such as siblings or their descendants.
Supporting sources
How does the concept of collateral relatives affect inheritance under a will limitation?+
A limitation to a natural person's heirs permits both lineal and collateral relatives to inherit when the primary taker dies without lineal descendants.
In what way does merger after closing affect collateral contract promises?+
Merger discharges contractual promises not contained in the deed, so a buyer generally cannot sue on them after accepting the deed unless an exception such as fraud applies.
384 U.S. 436 (1966)Evidence
…in this opinion is directed to the main questions decided by the Court and necessary to its decision; in ignoring some of the collateral points, I do not mean to imply agreement. [^maj-2]: The case was Bram v. United States , 168 U. S. 532 (quoted, ante , p. 461). Its historical premises were afterwards disproved by…
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