Tenn
Categories: Criminal Law
Definition (1910 Edition)
715, 59 S. W. 1083, 78 Am. St. Rep. 941.
678, 83 S. W. 568.
497; Winston v. Johnson, 42 Minn. 398, 45 N. W. 958; Bryan v. Bradley, 16
391, 45 8S. W. 676.—Heir institute. In Scotch law. One to whom the right of succession is ascertained by disposition or exress deed of the deceased. 1 Forb. Inst. pt , p. 75.—Heir, irregular. In Louisiana. I[rregular heirs are those who are neither testamentary nor legal. and who have been established by Jaw to take the succession. See Civ.
249, 61 S. W. 289; Clarkson v. Hatton 143 Mo. 47, 44 8. W. 761, 30 L. R. A. 748, 65
459, 7 8S. W. 194; Blythe v. Ayres, 96
100, 43 S. W. 355, 39 L. R. A. 249, 66
612, 49 8. W. 736; Neuendorff v. Duryea, 52 How. Prac. (N. Y¥.) 269.
256, 16 S. W. 723, 25 Am. St. Rep. 685; Metcalf v. People, 2 Colo. App. 262, 30
711, 58 V. 1070.—Remedy over. A rson who is primarily liable or responsible, ut who, in turn, can demand indemnification from another, who is responsible to him, is said to have a “remedy over.” For example, a city, being compelled to pay for injuries caused by a defect in the highway, has a “remedy over’ against the rson whose act or negligence caused the defect, and such person is said to be ee over” to the city. Black, Judgm. §
1896, § 5093. Where an entry upon lands is unlawful, whether forcible or not, and the subsequent conduct is forcible and tortious, the offense committed is a “forcible entry and detainer;” but where the original entry is lawful, and the subsequent holding forcible and tortious, the offense is an “unlawful detainer” only. Pullen v. Boney, 4 N. J. Law, 129.—Une lawful entry. An entry upon lands effected peaceably and without force, but which is without color of title and is accomplished by means of fraud or some other willful wrong. Dickinson V. pagar: 9 Cal. 46; Blaco v. Haller, 9
678, 83 S. W. 568.
497; Winston v. Johnson, 42 Minn. 398, 45 N. W. 958; Bryan v. Bradley, 16
391, 45 8S. W. 676.—Heir institute. In Scotch law. One to whom the right of succession is ascertained by disposition or exress deed of the deceased. 1 Forb. Inst. pt , p. 75.—Heir, irregular. In Louisiana. I[rregular heirs are those who are neither testamentary nor legal. and who have been established by Jaw to take the succession. See Civ.
249, 61 S. W. 289; Clarkson v. Hatton 143 Mo. 47, 44 8. W. 761, 30 L. R. A. 748, 65
459, 7 8S. W. 194; Blythe v. Ayres, 96
100, 43 S. W. 355, 39 L. R. A. 249, 66
612, 49 8. W. 736; Neuendorff v. Duryea, 52 How. Prac. (N. Y¥.) 269.
256, 16 S. W. 723, 25 Am. St. Rep. 685; Metcalf v. People, 2 Colo. App. 262, 30
711, 58 V. 1070.—Remedy over. A rson who is primarily liable or responsible, ut who, in turn, can demand indemnification from another, who is responsible to him, is said to have a “remedy over.” For example, a city, being compelled to pay for injuries caused by a defect in the highway, has a “remedy over’ against the rson whose act or negligence caused the defect, and such person is said to be ee over” to the city. Black, Judgm. §
1896, § 5093. Where an entry upon lands is unlawful, whether forcible or not, and the subsequent conduct is forcible and tortious, the offense committed is a “forcible entry and detainer;” but where the original entry is lawful, and the subsequent holding forcible and tortious, the offense is an “unlawful detainer” only. Pullen v. Boney, 4 N. J. Law, 129.—Une lawful entry. An entry upon lands effected peaceably and without force, but which is without color of title and is accomplished by means of fraud or some other willful wrong. Dickinson V. pagar: 9 Cal. 46; Blaco v. Haller, 9
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain.
UK commentary and modern updates are original additions. This entry is for educational
reference only and does not constitute legal advice.