Also known as: predecessors
Written by attorneys · grounded in primary & secondary sources — see below
A prior holder of a legal interest or position whose rights, obligations, or actions may bind or benefit a successor. The concept permits tacking of periods, imputation of motives, or continuation of liabilities when the successor steps into the predecessor's shoes under the governing rule.
Select any source to read its text and confirm it supports the definition.
Consumers sue HorizonTel for unauthorized billing. They offer a deposition transcript from an earlier consumer case against the same company in which HorizonTel cross-examined the witness. HorizonTel objects on hearsay grounds. Because HorizonTel itself had the prior opportunity and similar motive, the transcript is admitted against it under the former-testimony exception.
Perry Pratt occupies a disputed strip under a mistaken boundary belief for seven years. Patricia Patel, his successor in title, continues the same use for eight more years. Together the periods satisfy the statutory requirement even though neither alone would suffice.
Prime Logistics installs fuel tanks on Phoebe Park's land under a permit that later expires. After Prime sells the tanks to Peak Performance, the buyer learns of the expired permit yet leaves the tanks in place. Peak Performance is liable for the continuing trespass.
Progressive Healthcare releases its recorded mortgage and simultaneously records a replacement on the same property. An intervening equipment lender records during the brief gap. The replacement mortgage retains its original priority because the transaction was integrated and the change caused no material prejudice.
Pulse Media perfects a security interest in factory machines by fixture filing before the real-estate owner records its interest. The machines become fixtures. Pulse Media's interest prevails over the owner's conflicting claim because it has priority over any interest held by the owner's predecessor in title.
Patrick Phan buys a portable ramp that his predecessor tortiously left on Priscilla Parks's beach after a permit expired. Patrick learns of the tortious placement yet fails to remove the ramp. He is liable for the continued trespass.
In a civil case the testimony may be offered against a party whose predecessor in interest had an opportunity and similar motive to develop the testimony. The rule treats the predecessor and successor as sharing the same position for confrontation purposes.
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Tacking is permitted when successive possessors share a good-faith belief that they own the disputed land. The periods combine to satisfy the statutory requirement even without a formal conveyance between them.
…as nearly as human institutions can approach it," Cohens v. Virginia , 6 Wheat. 264, 387 (1821). Over 70 years ago, our predecessors on this Court eloquently stated: "The maxim nemo tenetur seipsum accusare had its origin in a protest against the inquisitorial and manifestly unjust methods of interrogating accused…
…that the Court's Justices are sometimes able to perceive significant facts or to understand principles of law that eluded their
…the 1948 Act proved almost as burdensome as private bills. Just one year later, the House Judiciary Committee, in support of the
…for a higher price absent the installation. App. 100. [^maj-16]: It is constitutionally irrelevant whether appellant (or her predecessor
…past practice, we find NRDC's argument without merit. In the first place, three proceedings out of the many held by NRC and its
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A buyer who acquires the property with knowledge that the seller tortiously placed it on another's land and then fails to remove it commits a continuing trespass. Liability attaches once the buyer learns of the tortious placement and does nothing.
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A replacement mortgage executed in the same transaction as the release of the original mortgage retains the predecessor's priority unless the change materially prejudices junior interests or a recording-act protected party acquired its interest while the senior mortgage was off record.
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A security interest in fixtures perfected by a fixture filing before the real-estate interest is recorded has priority over any conflicting interest of the owner's predecessor in title, provided the debtor has an interest of record or is in possession.
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