STREIGHTEN

6 definitions found across Law Mind sources

STREIGHTENAuthored
The Law Mind • 726 words
Definition
An archaic legal term meaning to narrow or restrict. Used in early English legal texts to describe the improper confinement or limitation of an estate, devise, or grant — particularly in the context of conveyancing, where a subsequent clause in a deed was said to "streighten" (improperly restrict) what an earlier clause had granted. The term appears most commonly in discussions of the relationship between the premises of a deed and its habendum clause.
Common Language
Modern common usage (Wiktionary): Archaic spelling of "straighten" (to make straight) or "straiten" (to restrict or put in difficulties). Historical common usage (Webster's 1913): Listed only as an obsolete form; directs readers to "Straiten." The critical gap here is between two distinct ordinary words that this single archaic spelling collapsed: "straighten" (to make geometrically straight) and "straiten" (to confine, restrict, or put under pressure). The legal meaning aligns entirely with "straiten" — to narrow or restrict — and has nothing to do with "straighten." A researcher encountering this term in old conveyancing records must not read it as a geometric or corrective action.
Common Confusion
The visual similarity to "straighten" is the primary trap. The two words are etymologically unrelated in their relevant senses, and the legal usage tracks "straiten" exclusively. Additionally, historical manuscripts and early printed legal texts show spelling inconsistency: Black's 2nd Edition's supplemental entry renders the word as "atreighten," an apparent typographical corruption, while Burrill and the primary Black's entry give "streighten." Researchers should treat these as the same term.
Why It Matters in Research
This term is effectively extinct in modern legal writing. It survives only in early English case reporters and treatises on conveyancing, particularly those discussing the construction of deeds. The core doctrinal point it encodes — that a habendum clause cannot cut down or restrict what the granting clause has already conveyed — remains good law under modern deed construction principles, though the vocabulary has changed entirely. Researchers working in pre-nineteenth-century English conveyancing materials, Year Books, or early American colonial deed records may encounter this term without any modern equivalent flagged in indexes. The risk is misreading it as "straighten" and drawing an incorrect interpretive conclusion about the document's meaning. The cited authority in both Burrill and Black's is 1 Leon. 58, referring to Leonard's Reports (English cases from the reign of Elizabeth I through James I). This is the sole traceable source anchoring the term's legal usage. Any researcher attempting to trace the doctrine further should begin there. Because the term appears to have had no significant American circulation as legal jargon — surfacing in American dictionaries only through borrowing from English sources — its presence in an American legal document would itself be a clue about the document's vintage or the drafter's English legal training.
Historical Dictionary Support
All three source dictionaries are in close agreement: the term means "to narrow or restrict," and all three cite the same illustrative phrase regarding the habendum clause and a devise. Burrill's entry is the most explicit in locating the term in "the old books," signaling that even nineteenth-century lexicographers recognized it as archaic. Black's 2nd Edition supplemental entry adds nothing new and introduces a likely typographical error ("atreighten"). None of the source dictionaries provide doctrinal elaboration. The definition is preserved as a lexical fossil rather than a living legal concept. No historical dictionary surveyed offers a second meaning or any common-law procedural use. The consensus is unusually clean for a term this old.
Jurisdictional Note
This term has no meaningful modern jurisdictional dimension. It originated in English common law conveyancing and does not appear to have generated independent development in American, Scottish, or other common law jurisdictions. Its relevance is historical and textual rather than jurisdictional.
Related Terms
Habendum clause — the "to have and to hold" clause in a deed; the specific context in which "streighten" appears Straiten — the modern English verb capturing the same meaning Devise — a testamentary gift of real property; the object being restricted in the illustrative phrase Granting clause — the operative words of conveyance; the clause a habendum cannot improperly cut down Repugnancy (in deeds) — the doctrine that a later clause conflicting with an earlier grant may be void Restrictive covenant — modern descendant concept for limitations on property use
STREIGHTENmain
Black's Law Dictionary • 1891
narrow or restrict. not streighten the devise." Estrepe-
STREIGHTENmain
Burrill's Law Dictionary • 1870
In the old books. To narrow or restrict. "The habendum should not streighten the devise." 1 Leon. 58.
Streightenmain
Black's Law Dictionary (2nd Ed.) - Supplemental • 1910
In the old books. To narrow or restrict. “The habendum should not atreighten the devise.” 1 Leon. 58
STREIGHTENv.
Websters Unabridged Dictionary (1913) • 1913
See Straiten. [Obs.]
streightenverb
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
Archaic spelling of straighten. | Archaic spelling of straiten.

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