Public-domain · open source
OpenJurist

Repugnant

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Inconsistent.

Generally used of a clause in a written instrument, statute, &c., inconsistent with some other clause, or with the general object of the instrument. REPUTATION; or REPUTE. The general opinion in the community concerning a person or thing. Thus the books speak of the reputation of a man for veracity; of proving pedigi'ee or marriage by reputation. Reputed: believed upon common report. ' On the use of character and reputation as interchangeable terms, see Char- Reputation of a person is the estimate in which he is held by the public in the place where he is known.

Cooper v. Greeley, 1 Den. 347.

Testimony of a witness personally acquainted with the accused in a trial for rape, that he is of a quiet and peaceable character, is competent; though the question as put does not call for the reputation.

State V. Lee, 22 Minn. 407.

Reputed o-wrner. In English bankruptcy practice, a bankrupt, in reference to goods and chattels in his apparent possession, with the consent of the true owner, is called the reputed owner of such goods. Reputed has a much weaker sense than its derivation would appear to warrant, importing merely a supposition or opinion derived or made up from outward appearances, and often unsupported by fact. The term reputed owner is frequently employed in this sense.

2 Steph. Com. 206.

Reputed ownership

The doctrine of reputed ownership, by which a bankrupt trader is deemed the reputed owner of goods in his apparent possession, was introduced into the bankrupt laws by Stat. 21 Jac. I. ch. 19, § 11, for the purpose of protecting the creditors of a trader from the consequences of the false credit which he might acquire by being suffered to have in his possession, as apparent owner, property which did not really belong to him. Such property may, in general, be claimed by the trustee in the bankruptcy, for the benefit of the creditors. (2 Bl. Com. 488; 2 Steph. Com. 166; JRobmn Bk'cy, ch. 20, 2d ed. 412- 440.) Mozleyi- W. •.