Owner

Under a statute which endelnption may properly be made by a person who has been decreed a bankrupt, the lands having been his.

Hampton v. Bouse, 22 Wc Ul. 263.

A factor does not become " owner " of goods consigned to him for sale, by making advances upon them. By so doing, he acquires a lien, with right of possession, but is not the real owner. He is only an agent of the owner for certain purposes, and has but a limited right. That right is sometimes called a special property, but it is never regarded as a general ownership. The provisions of the abandoned and captured property act of congress, enabling the owner of property sold by the government to recover the proceeds from the treasury, do not include a factor, though he was intrusted with the property, for sale, and made advances on it.

United States K. Villa Conga, 23 Wall. 35.

Whether a bailee may not, in some cases, be deemed an owner, see Park v. Willis, 2 Crunch C. Ct. 83; Act of July 13, 1866, § 9, 14 U. S. Stat, at L. 120. The words "owner" and "proprietor," in a petition for dower, as descriptive of the estate of the deceased husband of the petitioner, are insufficient, because not describing an estate in fee-simple or fee-tail; which is necessary to support the petition.

Davenport v. Farrar, 2 III. 314.

The Illinois statute making one liable to damages, as the owner of Texas or Cherokee cattle, for infection to other cattle, does not apply against one who has only a conditional ownership growing out of a lien, unless he has the actual possession and control of the cattle.

Smith v. Race, 76 TU. 490.

The penalty imposed by St. 1842, ch. 60, § '3, upon the owner, agent, or superintendent of a manufacturing establishment, for employing children under twelve years of age, cannot be enforced against a corporation in whose works such children may be employed. Benson v. Monson, &c. Manuf. Co., 9 Mete. {Mass.) 562. " Owner " does not include a person who holds merely a parol contract for a conveyance of real property to him when he shall have paid the purchase-money, and who has paid a part, but not all of it.

Buggies V

Inhabitants of Nantucket, 11 Cush. 433. "Owner," in Kev. Sts. ch.

7, § 7, —relating to taxes on real estate, — means the mortgagor, until possession taken by the mortgagee, after which the latter will be deemed the owner. Parker v, Baxter, 2 Gray, 185, 189. " Owner," in the Minnesota homestead law, includes one who has an equitable as well as one who has a legal ownership.

Wilder v. Haughey, 21 Minn. 101 j Hartman V. Munch, Id. 107.

A statute giving a right of actiou against the owner of any locomotive or car, by the defects in which a person is injured, means the owner at the time of the injury, owner not, necessarily, the party in whom the absolute right of property is vested. If a corporation hires cars from a car-builder, and runs them on its road, the corporation, not the lessor, is the party liable to the statutory action. Proctor o. Hannibal, &c.

R. K. Co., 64 Mo. 112.

A statute providing for compensation to owner of lands taken, is broad enough for any interest which a person may have in lands affected by an improvement, whether a fee or an estate less than a fee.

Schoff V. Improvement Co., 57 N. H. 110.

By " owner," in provisions in a railroad charter regulating compensation for condemnation of lands, is meant the person having some legal estate.which the company proposes by the condemnation to acquire. Under the more comprehensive expression of ''persons interested " are included also other individuals having some independent right or interest therein, not amounting to an actual legal estate; such as an easement of a right of way, inchoate rights of dower or curtesy, or encumbrances, such as by judgments or mortgages which are charges or liens on the legal estate. State v. Easton, &c.

K. E. Co., 36 N. J. L. 181.

A statute providing for an appraisal, "upon the application of the owner or owners, their heirs or assigns," designates the person equitably entitled to receive compensation, rather than the person having a legal estate in the land.

Danforth v. Suydam, 4 N. Y. 66.

A statute providing that no highway shall be opened or worked without a release by the owner of the land, or an assessment of his damages, means the person entitled to the legal estate in the land.

Smith V. Ferris, 13 N. Y. Supreme Ct. 553.

Generally, by " owner," in the mechanic's lien law, is meant the person on whose request and employment the building is erected, — the one who employs the contractor, and engages to pay for the structure.

Mc Dermott v. Palmer, 11 Barb. 9; Mc Mahon v. Tenth Ward School Officers, 12 Abb. Pr. 129.

A widow to whom dower has never been assigned is not " the owner " of any of the land in which she is entitled to dower, within the meaning of the Kansas mechanic's lien act. Ermul v. Kullok, 3 Kan. 499. " Owner," in the New Jersey mechanic's lien law, does not include a mortgagee. Tompkins v. Horton, 25 N. J. Eq. 284. "Owner," in the Ohio mechanic's lien law, is not limited to an owner in fee, but includes also an owner of a leasehold estate. If the ownership is in fee, the lien is on the fee; if it is of a less estate, the lien is on such smaller estate.

Choteau v. Thompson, 2 Ohio St. 114.

One who has sold lots, and agreed to make a building-loan, does not continue to be " owner," within the meaning of the mechanic's lien laws, merely because the transferred to the vendee until the completion of the proposed building.

Loonie v. Hogau, 9 N. Y. 435; 2 E. D. Smith, 681.

Lessees of land for years, with covenant for renewal, have such an interest in the land as will bring them within the jurisdiction of a court authorized to fix the compensation a railroad shall pay to " owners."

North Pennsylvania R. R. Co. v. Davis, 26 Pa. St. 238.

Under a statute exempting property of a given description, owned by a debtor, his interest in property of which he is part owner is exempt. RadclifE v. Wood, 25 Barb. 52. " Owner," in the Ohio statute exempting property from execution, does not apply to the husband occupying the separate property of the wife as a homestead.

Davis v. Dodds, 20 Ohio St. 473.