Between
A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
Often synonymous with "among," especially when employed to convey the idea of division or separate ownership of property held in common.' It is as appropriate to say that property is to be divided "between" as "among " A, B, and C 1 Commonwealth v, Avery, 14 Bush, 683 (1879). ' Parsons v. Moses, 10 Iowa, 444^6 (1864), cases, Dillon, J. J Beard «.
Dansby, 48 Ark. 186-87 (1886), cases. See generally Bright v. Boyd, 1 Story, 49J-98 (1841): 2 id. 607 (1843); Griswold v. Bragg, 18 Blatch. 200 (1880); Wieeler v, Merriman, 30 Minn. 376 (1883); Ef Bnger v. Hall, 81 Va. 102-6 (1885), cases; Green v. Biddle, 8 Wheat. 79 (1833); Jackson v. Loomis, (N. Y.), 15 Am. Dec. 347, cases; 19 Blatch. 04; 48 Conn. 581; 11 Me. 482; 74 id. 515; 13 Ohio, 308; 14 S. C. 338; 17 Vt. 109; 3 Pomeroy, Eq. § 1241, cases; 3 Story, Ea. §§ 799, 1237-58, cases; 1 Wash. E. P. 139, cases. ' See Foster v. Commissioners, 113 Mass. 835 (1882).
When "between" and " among " follow the verb *' divide" their general signification is very similar, and in popular use they are synonymous — though " among " denotes a collection and is never followed by two of any sort, while " between," may be followed by any plural mmiber, and seems to refer to, the individuals of a class rather than to the class itself.' " Between " persons implies, strictly speaking, between two parties to a division; but the reference may be to more than two persons.'* By the language "equally divided between my grandchildren," a testator may intend division between two families.' Between two places excludes the terminii.* Between two days excludes both days.^ See Day. "Between eleven o'clock P. M. and five o'clock A. M." covers the period intervening between eleven o'clock at night and five o'clock in the morning of the succeeding day.'