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Sever

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

To separate, divide, disjoin. Co-defendants may either all plead jointly the same defease, or each may plead a separate defense. The latter course is termed " severing " and '* severance."

Severable.

Susceptible of separation; admitting of distinct division, or of independent existence or maintenance: as, a severable — consideration, covenant, contract, g. v. As to severing crops from realty, see Crop; Emblement; Fructus.

Several. (1) Separated, separate; distinct; individual: as, a sevei:al — action, covenant or obligation, fishery, plea.

Opposed, joint, q.

V. Compare Sep abate, 3; Divers.

A testator directed that his property should be divided after the " several " deaths of persons named. Held, that several v^as not synonymous with " respective; " that the division was to be postponed until all the persons had died.* (3) More than two, but not many. In a case in Alabama, six to seven hundred was held included in " several " hundred dollars — the recommended limit of credit to a retailer of groceries.^ May mean all, as, " my several children," used in a will."

Severalty.

He that holds lands in severalty, or is sole occupant thereof, is he that holds them in his own right only, without any other person being joined or connected with him in point of interest, during his estate therein... Also termed a " several tenancy." ' 1 See 2 Story, Eq. §§ 1404-8, 1403; 3 Pomeroy, Eq. §§ 1114 et seq. 2 [1 Steph. Com. 333. 3 [2 Washb. E. P. 358. * Colton V. Fox, 67 N. T. 352 (1876). ' Einstein v. Marshall, 58 Ala. 163, 164 (1877). Unless expressly declared otherwise, all estates are supposed to be of this sort.' Conapa,re Entirety.

See Partition.