Category: Property

Found 1337 results · Showing 91–120

AVERAGE

lord. Cowell. A labor or service performed with working cattle, horses, or oxen, or with Wagons and carriages. Spelman. and transportation by the whole quantity of tonnage carried, reduced to a common standard of tons moved one mile. Hersh v. Railwa...

Bafley v. Bailey, 25 Mich

185; McCarthy v. Marsh, 5 N. Y. 275; Springer v. Fortune, 2 Handy, (Ohio,) 52. In this sense a child may be the “ancestor” of his deceased parent, or one brother the “ancestor” of another. Lavery v. Egan, 143 Mass. 389, 9

Baldwin v. Tucker, 112 Ky

282, 65 S. W. 841, 57 L. R. A. 451; Wood v. McCain, 7 Ala. 800. —Univers:# le - See Leaacy. Universal partnership. See PARTNERSHIP.—Universal representation. In Scotch law. A term applied to the representation by an heir of his ancestor. Bell.—...

Ballance, 7 Ill

144. At. the common law, an estate in fee simple conditional was a fee limited or restrained to some particular heirs, exclusive of others. But the statute “De Donis” converted all such estates into estates tail. 2

BALZNA

' BALZENA. A large fish, called by Blackstone a “whale.” Of this the king had the head and the queen the tail as a perquisite whenever one was taken on the coast of England. 1 Bl. Comm. 222.

BANKING

155.—Bank-book. A book kept by a customer of a bank, showing the state of his account with: it.—Bank-check. See CHECK.—Bankeredits. Accommodations allowed to a person on security given to a bank, to draw money on it to a certain extent agreed u...

BANKRUPT

l BANERUPT. A person who has committed an act of bankruptcy; one who has done some act or suffered some act to be done in consequence of which, under the laws of his country, he is lfable to be proceeded against by his creditors for the seizure and d...

BANLEUOA

to the bankrupt laws; the condition of one who has committed an act of bankruptcy, and is liable to be proceeded against by his creditors therefor, or of one, whose circumstances are such that he is entitled, on his voluntary application, to take the...

BAR

1. A partition or railing running across a court-room, intended to separate the general public from the space occupied by the judges, counsel, jury, and others concerned in the trial of a cause. In the English courts it is the partition behind which ...

Barb

(N. Y.) 617; Bank v. Lawler, 46 Conn. 2A5. (N. Y.) 67; Runkel v. Winemiller, 4 (N. Y.) 177. (N. Y.) 618. (N. Y.) 667. (N. Y.) 440.—Error in law. An error of the court in applying the law to the case on trial, e. g., in ruling on the admission ...

BARONET

BARONET. Ap English name or title of dignity, (but not a title of nobility,) established A. D. 1611 by James I. It is created. by letters patent, and descends to the male’ heir. Spelman

BATION

DYING WITHOUT ISSUE. At common law this phrase imports an indefinite failure of issue, and not a dying without issue surviving at the time of the death of the first taker. But this rule has been changed in some of the states, by statute or decisions,...

Bayley v. Bailey, 5 Cush

(Mass.) 249; Reagan v. Stanley, 11 Lea (Tenn.) 324; Lane v. Hill, 63 N. H. 398, 44 Atl. 597; Conklin vy. Egerton, 21 Wend. (N. Y.) 436... 7 A will, when it operates upon personal property, is sometimes called a “testament,” and when upon real est...

BEACH

tery; hence the two terms are commonly combined in the term “assault and battery.” waters, means the space between ordinary high and low water mark, or the space over which the tide usually ebbs and flows. It is a term not more significant of a ...

Beckwith, 10 N. Y. St. Rep

97; Page v. Rives, 18 Fed. Cas. 992. Sometimes, by an extension of meaning, the share or portion assigned to a given person on the distribution of any estate or fund, as, under an assignment for creditors or under insolvency proceedings. l

BED

Those who bore down upon or oppressed otbers; maintainers. Cowell—Bearing date. Disclosing a date on its face; having a cer tain date. These words are often used in conveyancing, and in pleading, to introduce the date which has been put upon an ins...

BEDEREPE

aA service which certain tenants were anciently bound to perform, as to reap their landlord’s corn at harvest. Said by Whishaw to be still in existence in some parts of England. Blount; Cowell; Whishaw.

Beers, 23 Wend

(N. Y.) 108, 129, 142. (N. Y.) 172; Codd v. Rathbone, 19 N. Y. 89; First Parish v. Dunning, 7 Mass. 447., A corporation aggregate is one composed of a number of individuals vested with corporate powers; and a “corporation.” as the word is used i...

Bemis v. Kyle, 5 Abb. Prac

(N. S.) (N. Y.) 233.—General field. Several distinct lots or pieces of land inclosed and fenced in as one tommon field. Mansfield v. Hawkes, 14 Mass. 440.—General inclosure act. The statute 41 Geo. III. c. 109, which consolidates a number of regu...

BETTER EQUITY. See EQUuITY

BETTERMENT. An improvement put upon an estate which enhances its value more than mere repairs. The term is also applied to denote the additional value which an estate acquires in consequence of some public improvement, as laying out or widening a str...