Also known as: progenies · descendants · offspring · issue
Written by attorneys — see sources below.
2 senses
An offspring or descendant of a person. The term identifies lineal or collateral relations in the chain of succession or inheritance.
A subsequent decision or line of cases that follows from a leading precedent. The term denotes the body of authority generated by an earlier ruling.
Each sense below has its own examples, sources, and questions.
An offspring or descendant of a person. The term identifies lineal or collateral relations in the chain of succession or inheritance.
Pavel Petrov contracted to sell land to Priscilla Parks. An unreleased judgment lien from a suit by one of Pavel's progeny remained of record at closing. Priscilla refused to perform because the defect rendered title unmarketable under the contract standard.
Priscilla Parks conveyed land to Paul Peterson and his wife with remainder to their issue. The deed created a fee tail in the progeny under the governing property rule.
A subsequent decision or line of cases that follows from a leading precedent. The term denotes the body of authority generated by an earlier ruling.
Patricia Patel moved to suppress evidence seized under a warrant that failed to describe the place with particularity. The court applied progeny cases interpreting the Fourth Amendment requiring precise description and granted the motion.
Pilar Pena offered a lay witness opinion that a signature matched a known exemplar. The court excluded the testimony under progeny cases applying Rule 701 because the opinion rested on specialized knowledge reserved for experts.
3 common questions
The literal sense refers to children or descendants in inheritance and property contexts. The figurative sense refers to later cases that develop from a leading precedent.
Yes. The term encompasses all descendants whether lineal or collateral when used in succession or conveyance instruments.
An outstanding interest held by a seller's progeny can constitute a title defect that renders title unmarketable if it creates reasonable doubt for a prudent purchaser.
Paul Peterson, a judge, referenced a party's age when deciding a custody modification. The commission dismissed the complaint because progeny cases applying the conduct rule allows legitimate reference to listed factors when relevant to an issue.
Pinnacle Holdings filed a complaint asserting a novel theory with no supporting precedent or good-faith argument for extension. The court sanctioned counsel under progeny cases applying Rule 3.1 for bringing a proceeding lacking basis in law and fact.
Syllabus The Supreme Court of the United States has not power to issue a mandamus to a Secretary of State of the United States, it being an exercise of original jurisdiction not warranted by the Constitution. Congress have not power to give original…