An elusive term. In general, an identity of interest between persons, so that the interest of the one is measured by the same legal right as that of the other. Fleming v Cooper, 225 Ark 634, 284 SW2d 857, 58 ALR2d 694. The relation between two titles where one derives from the other or both derive from a common source. Jax Ice & Cold Storage Co. v South Florida Farms Co. (Fla) 109 So 212, 218. Continuity of interest; successive relationships to the same rights of property, as between decedent and heir, intestate and administrator, testate and executor, and grantor and grantee. Zaragosa v Craven, 33 Cal 2d 315, 202 P2d 73, 6 ALR2d 461. For the purposes of the doctrine of res judicata, such an identity in interest that one person represents the same legal right as another, as a consequence of which, the judgment is binding as to a subsequent grantee, transferee, or lienor of property. 30A Am J Rev ed Judgm § 399. For the purposes of estoppel by judgment, one who has an interest in the subject matter through a party to the action. Seymour v Wallace, 121 Mich 402, 80 NW 242. In reference to the scope and effect of an injunction, mutual or successive relationship to the rights of property. 28 Am J Rev ed Inj § 296. As an element of admissibility of former testimony of a witness since become unavailable:–a relationship arising from connection with a decedent's estate or out of interest in property, or the relationship of principal and surety or of successive plaintiffs in actions for wrongful death, the word being used in somewhat the same sense as in the field of property law. Re Silvies River, 115 Or 27, 237 P 322.

Ballentine's law dictionary. . 1998.


Look at other dictionaries:

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  • privity — (n.) early 13c., from O.Fr. privité (c.1200) privacy, a secret, from L. privus (see PRIVATE (Cf. private)) …   Etymology dictionary

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