Lat. In the civil law. A coming in place of another, on his decease; a coming into the estate which a deceased person had at the time of his death This was either by virtue of an express appointment of the deceased person by his will, (ex testamento,...
or from time to time as the services are rendered or the work is performed; more particularly. wages for the current period bence not including such as are past-due. Sydnor v. Galveston (‘ex. App.) 15 S. W. 202; Bank vy. Graham (Tex. App.) 22
and immovable, which cannot be carried out of their pace. as lands and tenements; 2 Bl. Comm. 5. Things substantial and immovable, and the rights and profits annexed to or issuing out of them. 1 Steph. Comm. 156.
death of his ancestor acquires his estate by Tight of representation as his heir at law.
Lat. or sufferance of peace or truce.
covery was effected by the party wishing te convey the land suffering a fictitious action to ke brought against him by the party to whom the land was to be conveyed, (the demandant,) and allowing the demandant to recover a judgment against him for th...
a clause in an English policy of marine ine surance, generally in the following form: “In case of any loss or misfortune, it shall be lawful for the assured, their factors, servants and assigns, to sue, labor, and travel for, in, and about the defe...
merly suitors in the English court of chancery derived no income from their cash paid into court, unless it was invested at their request and risk. Now, however, it is provided by the court of chancery (funds) act, 1872, that all money paid into cour...
England. <A fund consisting of moneys which, having been paid into the court of chancery, are placed out for the benefit and better security of the suitors, including interest from the same. By St. 82 & 88 Vict. c. 91, § 4, the principal of this fun...
(Mass.) 517. —Hystero-epilepsy. A condition initiated by an apparently mild attack of convulsive hysteria. followed by an epileptiform convulsion. and succeeded by a period of “clownism” (Osler) in which the patient assumes a remarkable series ...
Lat. In the civil law. He who has built upon the soil of another, which he has hired for a number of years or forever, yielding a yearly rent. Dig.
contrary to law.—Super visum corporis. Upon view of the body. When an inquest is held over a body found dead, it must be super visum corporis.
previously instituted; as where A. is admitted and instituted to a benefice upon one title, and B. is ad...
English law. An officer who superintends the registers of births, deaths, and marriages. There is one in every poor-law union in England and Wales.
sons appointed to levy the land-tax in Scotland, and to cause a valuation roll to be annually made up, and to perform other duties in their respective counties. Bell.
The court formed by the English judicature act, 1873, (as modified by the judicature act, 1875, the appellate jurisdiction act, 1876, and the judicature acts of 1877, 1879, and 1881,) in substitution for the various superior courts of law, equity, ad...
Fr. On; upon; over. In the titiles of real actions “sur’’ was used to point out what the writ was founded upon. Thus, a real action brought by the owner of a reversion or seigniory, in certain cases where his tenant repudiated his tenure, was c...
SURGEON. One whose profession or oc cupation is to cure diseases or injuries of the body by manual operation; one whose occupation is to cure local injuries or disorders, whether by manual operation, or by medication and , constitutional treatment. W...
“4 SW ARFE-MONEY. Warth-money; or
emorandum error. <A _ document alleging error in fact, accompanied by an affidavit of such matter of fact.—Memorandum of alteration. Formerly, in England, where a patent was granted for two inventions, one of which was not new or not useful, the wh...
SWEIN. In old English law. A freeman or freeholder within the forest.
(Ky.) 388, 393.—Common property. A term sometimes applied to lands owned by a municipal corporation and held in trust for the common use of the inhabitants. Comp.
Louisiana. A list of creditors of an insokvent estate, stating what each is entitled to.
Lat. A plank in a shipwreck. This phrase is used metaphorically to designate the power subsisting in a third mortgagee, who took without notice of the second mortgage, to acquire the first incumbrance, attach it to his own, and thus squeeze out and g...
TACKSMAN. In Scotch law. A tenant or lessee; one to whom a tack is granted. 1
the word “general,” in such case, implying that there is no other restriction upon the descent of the estate than that it must go in the male line. So an estate in tai...
Fr. In old French law. A tax or assessment levied by the king, or by any great lord, upon his subjects, usually taking the form of an imposition upon the owners of real estate. Brande.
1. To lay hold of; to gain or receive into possession; to seize; to deprive one of the possession of; to assume ownership. Thus, it is a constitutional provision that a man’s property shall not be taken for public uses without just compensation. Bv...
y. Cline, 37 Fila. 586, 20 South. 780, 33 L. R. A. 376, 53 Am. St. Rep. 262.—Tide waters. See TIDE.—Water-baileiff. The title of an officer, in port towns in England, appointed for the sea ng of ships. Also of an officer belonging to the city of ...
Lat. In Roman law. The regulation of justifiable defense. A term used to express that degree of force in defense of the person or property which a person might safely use, although it should occasion the death of the aggressor. Calvin; Bell.
TEMPEST. A violent or furious storm ; a current of wind rushing with extreme violence, and usually accompanied with rain or snow. See Stover v. Insurance Co., 3 Phila. (Pa.) 39; Thistle v. Union Forwarding Co., 29 U. C=. OG P. &.
(12th Ed.) 717. et seqg.—Double voucher. This was when a common recovery was had, and an estate of freehold was first conveyed to any indifferent person against whom the precipe was brought, and then he vouched the tenant in tail, who vouched over ...