Lead

Occurs in some technical phrases. To lead a use. A deed made previous to a fine and recovery, in old English conveyancing, for the purpose of directing to what uses they should operate, was said to lead the use. When lands were conveyed by that species of conveyance termed a fine and recovery, the legal seisin and estate became thereby vested in the cognisee or recoveror; i.e., in the person who was the object of that conveyance. But, if the owner of the estate declared his intention that such fine or recovery should inure or operate to the use of a third person, a use immediately arose to such third person out of the seisin of the cognisee or recoveror; and the statute of uses transferred the actual possession to such use, without any entry on the part of such third person. The deed by which the owners of estates so declared their intention with regard to the lands thus conveyed was termed either a deed to lead the uses, or a deed to declare the uses: when executed prior to the levying the fine, or suffering the recovery, it bore the former appellation; when executed subsequently thereto, it bore the latter. (1 Cru. Dig. 396.) Brown. The expression leading a use was employed of a deed whereby a person covenanted to levy a fine, or suffer a recovery of lands, to certain uses upon which it was intended to settle the lands. The deed was then said to lead to the uses of the fine; that is, to give effect to the uses so specified. Or, if a fine or recovery were had without any previous settlement, and a deed were afterwards made between the parties, declaring the uses to which the same would be applied, this would be equally good as if the fine had been expressly levied, or the recovery suffered, in consequence of a deed directing its operation to those particular uses. So that the difference between a deed leading the use and a deed declaring the use was that the former was made previous to the fine or recovery, and the latter subsequently thereto. Mozley & W. To lead in a cause. To have the charge or direction of the prosecution or defence of a cause, upon its trial. The counsel to whom is assigned the principal management of the case for each party is termed the leading counsel on that side. To lead a witness. Signifies the practice of suggesting or implying to a witness, by form of question, what answer he is expected or desired to give. A question so phrased as to suggest the preference of the examining counsel as to the answer, or so as to furnish the witness with the answer, is called a "leading question." A question is leading which puts into a witness's mouth the words that are to be echoed back, or plainly suggests the answer which the party wishes to get from him.

People v. Mather, 4 Wend. 229, 247.

Leading case

A reported decision which has come to be generally regarded with approval, as settling the law on the question involved. Compare Causes Celebres.