Color

1.

Darkness of skin from presence of African blood. The phrase " persons of color " embraces, universally, not only all persons descended wholly from African ancestors, but also those who have descended in part only from such ancestors, and have a distinct admixture of African blood.* " Colored " race means " African " race.* In 1868, in Virginia, "colored person" was substituted for "negro," which word before that time included " negro " and " mulatto." The act of February 27, 1868, like the Code of 1849, provided that " every person having one-fourth or more negro blood shall be deemed" a colored person.'

See Citizen; School, Separate; White. 2.

Appearance; apparent reality, validity, or legality; also, pretense.

Colorable.

Existing in aspect merely; not real: as, a colorable abridgment or alteration of a copyrighted production, imitation of a trade-mark, assignment, claim or defense, change of possession, title, qq. v. Colorless. Without intimation as to motive or preference.

Colorless mil

A will characterized by a general intent to effect a stated disposition of property, without intimation as to the motives for making the several gifts, or with- 1 Carter v. Andrews, 16 Pick. 6 (1834), Shaw, C. J. See also 23 Pa. 83; 53 id.

421; 1 Greenl.

Ev. § 417. >L. colludere, to co-act in a fraud: con-ludere, to play together. s See Baldwm v. Mayor of New York, 45 Barb. 369 (1856): s. u. 30 How. Pr. 30, quoting Bouvler and others. « Johnson v. Town of Norwich, 39 Conn. 408 (1861), Storrs, C. J. See also Van Camp v. Board of Education, 9 Ohio St. 411 (1859); 9 Ired. L. 384; 31 Tex. 87. = Clark V. Directors of Muscatine, 24 Iowa, 375 (1868); out indication of preference for any beneficiary, class, or object. Where a general and a particular intent are expressed, the latter, in a case of doubt as to the testa^ tor's meanmg, is made to yield to the former.'

See Cy Pkes; Will, 3.

Color of law. Pretense or semblance of legal right or authority.

2

See Extortion.

Color of oflB.ee. Pretense or semblance of official right to do an act by one who has no right; pretended authority of office. See further Officer, De facto; Officium, Colore. Color of title. That which in appearance is title, but which in reality is no title.' The resemblance or appearance of title. Whenever an instrument, by apt words of transfer from grantor to grantee, in form passes what purports to be the title, it gives color of title.* May he made through a conveyance, a bond, a contract, or bare possession under a parol agreement. Whether the title be weak or strong is of no importance. What is color of title is a matter of law for the court. If good faith be a, necessary element in the claim, that is for a jury... A claim under a conveyance, however inadequate to carry the true title, and however incompetent the grantor, is sych a claim under color of title, and one which will draw to the possession of the grantee the protection of the statute of limitations, other requisites of the statutes being complied with.= See Possession, Adverse. Compare Cloud, On title.

Give color

To admit the appearance of right in favor of an adverse party. " In trespass, if the defendant desires to refer the validity of his title to the court, he may state his title specially, and at the same time ' give color ' to the plaintiff, or suppose him to have an appearance of title, bad indeed in point of law, but of which a jiiry are not,competent to judge." ' " Giving color " is a phrase borrowed from the ancient rhetoricians. In pleading it signifies an apparent or prima /octe right; and the meaning of the rule that every pleading in confession and avoidance must give color is,- that it must admit an apparent right in the opposite party, and rely, therefore, on some new matter by which that apparent right is defeated... The kind of color which is nati^ally 1 See Schouler, Wi Us, § 476, cases; 1 Eedf. Wills, »433, oases. ' See United States v. Deaver, 14 F. R. 699 (1882). » Wright «.

Mattison, 18 How. 66-59 (1655), cases. « HaU V. Law, 103 U. S. 466 (1880), Field, J. •Wright V. Mattison, supra. See also 26 Am. Law Eeg 409-19 (1887), cases; 4 Saw. 539; 4 DiU. 555-68; 10 F E 536; 33 Cal. 676; 33 Ga. 242; 66 id. 170; 33 111. 510; 69 id.

140; 30 Iowa, 486; 32 Md. 358; 27 Minn. 63-63; 79 latent in the structure of all regular pleadings in confession and avoidance is "implied color," to distinguish it from the kind which, in instances, is formally inserted in the pleading, and known as "express color." To the latter, the term usually applies.^ Colore officii. By color of office.

See Color, 3, Of office.