A demand of a right; sometimes
used of the legal right
asserted, as a creditor's claim
to be paid the amount due him,
sometimes of the amount alleged
to be due. In both these senses
the term is commonly employed in
bankruptcy and other creditors'
proceedings against an insolvent
debtor, and in the
administration of the estates of
deceased persons.
In all such cases the claim must
be proved i.e. verified by oath,
in order to share in the
distribution of the assets; the
duty of the trustee in the
former case and of the executor
or administrator in the latter,
being limited to the payment of
duly authenticated claims
against the estate.
At the common law, a claim was a
formal assertion of title to or
of interest in property, real or
personal, which was in the
possession of another. It was
not a mere protest against an
unlawful seisin or detainer of
property, but was a recognized
process for preserving the
rights of the claimant against
extinction by reason of lapse of
time or other cause. It had,
therefore, much of the effect of
an actual entry upon land, and
was available to one who, by
reason of his interest being a
future and not a present one (as
a remainder or reversion), was
not entitled to make an
immediate entry; or, as Coke
explains, "when a person dares
not make an entry on land for
fear of being beaten or other
injury, he may approach as near
as he can to land and claim the
same, and that shall be
sufficient to vest the seisin in
him." In other cases, however,
in which the claimant's right
depended on possession, it seems
to have been considered that, to
make a claim to an estate
effective, there must be an
actual entry into some part of
the lands claimed.
Continual claim was the process
whereby one who had been
disseised of lands prevented his
claim from lapsing by reason of
the death of his disseisor, and
the transmission of the lands to
the latter's heir by descent. In
order to avoid this consequence,
it was necessary to make claim
within a year and a day of the
disseisor's death, and, to
insure this, to repeat the
formality continually within
that interval until the descent
took place.
In the United States the term
'claim' has acquired a
distinctive sense as applied to
the initial or prima-facie title
acquired by settlers to
Government lands, and by
prospectors to mineral lands,
under United States statutes.
The term is also applied to the
land so secured. These claims
may, upon the performance of the
terms of sale, ripen into
complete and valid titles; but,
in the meantime, they confer on
the claimant or holder a
recognized though defeasible
property right, which may be
bought and sold and administered
upon, like any other property.
Because of its precarious
nature, it is generally
considered personal rather than
real property.
In admiralty proceedings the
statement of rights of the
defendant or other party to
property attached under process
of the court is called the
'claim.'
Statement of claim is the
pleading in which the plaintiff
sets forth the facts
constituting his cause of
action. It supersedes the
declaration in England, and
corresponds to the complaint in
the code practice of most of the
United States. The facts are
alleged in it in a plain,
concise, and natural way,
avoiding the arbitrary forms
that characterized the
declaration in common-law
pleading. The phrase is used in
some jurisdictions to designate
any narrative of facts that is
made the basis of a judicial or
official proceeding. See
DECLARATION; PLEADING.
Claim of Liberty, in English
law, is a petition to the
sovereign, filed in the Court of
Exchequer, claiming a privilege
or immunity, as freedom from
jury duty, by virtue of custom
or the petitioner's rank. The
claim was made under an actual
or supposed grant, as these
'liberties or franchises' were
said to have originally been a
part of the Crown's prerogative,
which could only be enjoyed by a
subject by virtue of a grant
from the sovereign.