Also known as:final concord · finalis concordiae · fine
Written by attorneys · grounded in primary & secondary sources — see below
An amicable final agreement or compromise of a suit to determine the true possessor of land.
Sources & Authorities· 7 primary sources
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Cases
Federal Rules
Model Codes
How it applies
Common Examples
6
Land Title Settlement
Felicity French disputed ownership of a parcel with her neighbor Frank Fisher. They appeared in court and executed a finalis concordia that confirmed Felicity as the true owner. The court recorded the agreement and issued the foot of the fine to each party.
Disentailing Conveyance
Fumiko Fujimoto held an entailed estate and wished to sell it free of restrictions. She and the remainderman Felipe Figueroa brought a fictitious action and settled it with a finalis concordia approved by the court. The fine operated as a conveyance barring the entail.
Boundary Dispute Resolution
Fiona Foster and Francesca Fiore contested the boundary between their adjoining farms. After obtaining leave of court they entered a finalis concordia acknowledging Fiona's title to the disputed strip. The agreement ended the litigation and was enrolled as a court record.
Fairview Manufacturing claimed land through an ancestor against Frontier Capital. The parties compromised the suit by finalis concordia in which Frontier acknowledged Fairview's right. The court sanctioned the settlement and delivered the foot of the fine.
Feigned Action Settlement
Freeman Engineering brought a collusive writ of covenant against Fairfield Bank over a manor. The parties obtained court approval and executed a finalis concordia declaring the bank the true owner. The fine served as a recorded conveyance of the property.
Deforceant Acknowledgment
A squatter occupied land claimed by a distant heir. The heir sued and the parties settled by finalis concordia in which the squatter acknowledged the heir's title. The court enrolled the agreement and ended the dispute.
Common questions
Frequently Asked
3
How was a finalis concordia used to convey land?+
Parties obtained leave of court and settled a real or fictitious action by an agreement that the court approved and enrolled. One part of the indenture went to each litigant and the foot of the fine remained in court records as proof of title.
What distinguished a finalis concordia from an ordinary contract?+
The agreement required court approval and was enrolled as a judicial record. This gave it greater solemnity and evidentiary force than a private deed.
Why did parties use a fictitious suit to levy a fine?+
A collusive action allowed the parties to obtain judicial sanction for a conveyance that could bar entails or resolve title disputes with the added security of a court record.
410 U.S. 113 (1973)Constitutional Law
…an abortion other than authorized by this Act is guilty of a [felony] and, upon conviction thereof, may be sentenced to pay a fine not exceeding [$1,000] or to imprisonment [in the state penitentiary] not exceeding [5 years], or both. "SECTION 3. [ Uniformity of Interpretation. ] This Act shall be construed to…