that an action cannot be sustained, or that there is no ground upon which to found the action. —Lie in franchise. Property is said to “lie in franchise” when it is of such a nature that the persons entitled thereto may seize it without the aid of a court; e. g., wrecks, waifs, estrays. —Lie in grant. I[ncorporeal hereditaments are said to “lie in grant;” that is, they pass by force of the grant (deed or charter) without livery.-Lfe in livery. A term applied to corporeal hereditaments, freeholds, etc., signifying’ that they pass by livery, not by the mere force 7 the grant—Lie in wait. See LYING IN AlT.

, Fed. Cas. No. 4,043.