Inherit

To take property by descent as an heir. As used by a testator, may refer to lands devised or conveyed by an ancestor." ' Somerset v. Great Western Ry. Co., 46 L. T. 884 2 L. in~habiiare, to dwell in: hafyitwre, to have (oneself) often: habere, to have. * Supervisors of Tazewell Coimty v. Davenport, 40 HI.

306 (1866)? 19 Wend. 13. * Bamet's Case, 1 Dall. *153 (178B); Borland v. Boston, 132 Mass. 98-99 (1882). ' "Picquet v. Swan, B Mas. 46 (1828), Story, J. ' Walnut V. Wade,:^03 U. S. 694 (1880). ' Hartford Fire Ins. Co. v. Hartford, 3 Conn. 25 (1819). See also 1 Dall. 480: 2 Pet. Adm. 4S0; 3 Ala. 547; 4 id. 630; 2 Conn. 20; 33 id. 47; 38 Ga. 121; 3 111. 403; 6 Ind. 88; 87 Me. 369; 3 Gray, 484; 133 Mass. 98-99; 45 N. H. 87; 23 N. J. L. 537; 36 id. 368; 8 Wend. 141; 10 id. 186; 4 Barb. 521; 48 id. 51; 1 Bradf. 83; Cooley, Const. Lim. 7B5. sj Se Wrlgley, 8 Wend. 140 (1831); 133 Mass. 98; 9 F. E. 229.

May refer to a distributive share of the proceeds arising from the sale of land.'

Disinherit.

To direct by wiU that an heir shall receive no part of the testator's estate.

See Inofficious.

Heritable.

Capable of taking, or of passing, by descent.

Inheritance

An estate which descends, or may descend, to the heir upon the death of the ancestor; ^ also, the fact of receiving an estate as heir. Estates of freehold are estates of inheritance, absolute or limited; and estates not of inheritance, or for life only." In its popular acceptation, " inheritance " includes all the methods by -which a child or relative takes property from another at his death, except by devise, and includes as well succession as descent. As app Ked to personalty, signifies succession.* An estate acquired by inheritance is one that has descended to the heir, and been cast upon him by the single operation of law.^ Shifting inheritance. An inheritance liable to be defeated by the birth of a nearer heir. Does not prevail in the United States, where change of title from the living person is made by deed, rather than by the statute of descent, as in England where the canons of descent are designed to accumulate property in the hands of a few. By the rule of shifting inheritances, " If an estate is given to an only child, who dies, it may descend to an aunt, who may be stripped of it by an after-born vmcle, on whom a subsequent sister of the deceased may enter, and who again will be deprived of the estate by the birth of a brother." ' See Descent; Freehold; Heib, 1; Sdocession, 1; Waste, 1. rNHIBITION.' Forbidding; interdiction; prohibition. A-wi-it to forbid a judge from proceeding in a cause, or an individual from doing some act. Nearly the same as "prohibition" (g. V.) at common law, and "injunction" in equity.s INITIAIjS.

See Idem, Sonans; Name, 1.

Uf JXnfCTIOIf.' A remedial writ, formerly issued almost exclusively by a court > Eidgeway v. Underwood, 67 Bl. 426 (1873). ' [2 Bl. Com. 201. » 2 Bl. Com. 104, 120. * Homer v. Webster, 33 N. J. L. 413 (1867). » Estate of Donahue, 36 Cal. 332 (1868). « 2 Christ. Bl. Com. 208 n; Bates v. Brown, 5 Wall. 713-19 (1866), cases. ' L. in-hibere, not to have: to keep in, hold in, check. 8 See Termes de la Ley; Wharton's Law Diet.; 6 Q. B. D. 420. of chancery, to restrain the commission of a threatened act, or the continuance of an act. A judicial process operating in personam, and requiring the person to whom it is directed to do or to refrain from doing some particular thing.l Unjoin. To prohibit by an injunotion.2 Preliminary injunction. An injunction granted at the outset of a suit brought to restrain the doing of a threatened act, until the rights of the disputants have been determined. ' Called also an interlocutory or provisional injunction, or an injunction pendente lite; and, also, a mandatory or preventive injunction, according as the order is to do or refrain from doing the particular act. Opposed, final injunction: issued upon final adjudication of the rights in question. Being designed to effect permanent relief, is frequently termed the perpetual injunction. The object of a preliminary or interlocutory injunction is, in general, simply preventive — to maintain things in the condition they are in at the time, until the rights and equities of the parties can be considered and determined after a full examination. Such injunction is never awarded, except when the right or equity of the plaintiff is clear, at least supposing the facts of which he gives prima facie evidence to be ultimately established. All injunctions are generally processes of mere restraint; yet final mjunctions may certainly go beyond this and command acts to be done or undone. They are then called " mandatory; " and often are necessary to do complete justice. But the authorities are clear that an interlocutory or preliminary Injunction cannot be mandatory... Injunction as a measure of mere temporary restraint is a mighty power to be wielded by one man... An interlocutory injunction may be granted on an ex parte application; when it is upon notice it is upon ex parte affidavits.' As a preliminary injunction is in its operation somewhat like judgment and execution before trial, it is only to be resorted to from a, pressing necessity to avoid injurious consequences which cannot be repaired imder any standard of compensation,* As it is, in fact, the result of an interlocutory decree in advance of a regular hearing and plenary proofs, it should never be granted except where irreparable mjuryis threatened; and the court should be ' High, Injunctions, § 1. a See 31 Alb. Law J. 181, 220, 240, 279 (1885). ' Audenried v. Philadelphia & Beading R. Co., 68 Pa. 375-78 (1871), cases, Sharswood, J. See generally 18 Cent. Law J. 323-26, 343-46 (1884), cases. * Mammoth Vein Coal Co.'s Appeal, 54 Pa. 188 0867), Thompson, J. See also Ballantine v. Harrison, 37 satisfied that in attempting to prevent such injury as to one party it will not bring like injury upon the adverse party.' An injunction is generally «■ preventive, not an af Brmative, remedy. But it is sometimes used in the latter character to cany into effect a court's own decree; as, to put into possession the purchaser under a decree of foreclosure of a mortgage.^ Where granted wittout a trial at law, it is upon the principle of preserving the property until a trial at law can be had. A strong privia facie case of right must be shown, and there must have been no improper delay.

— In granting or refusing the writ, the court exercises a careful discrimination. ^ ' A coin-t of equity may substitute a bond of indemnity for an injunction, if the ends of justice will thereby be promoted: especially if a public interest may suffer by the continuance of an injunction.* An injunction is available to stay proceedings at law;

— to restrain the transfer of stocks, notes, bills, and other evidences of debt;

— to restrain the transfer of the possession or title to property;

— to restrain one from setting up an inequitable defense at law;

— to restrain the infringement of a patent, a copyright, a trade-mark;

— to prevent the removal of property or the evidence of title to property or of indebtedness out of the jurisdiction;

— to restrain the commencement of proceedings in a foreign court;

— to restrain an illegal act by municipal officers;

— to prevent the creation or the continuance of a niiisance;

— to restrain acts of waste.

A court of equity has no power to enjoin the prosecution of an offense in a court of common law.* But there must be no plain, adequate, and complete remedy at law. The writ will not be granted at all while the rights between the parties are undetermined, except, as seen, where ii Teparable injury will be done. The petition or bill must sufflcientiy appraise the respondent as to what duty is required of him.^ An injunction must be respected while in force, although improperly granted; but it cannot affect the rights of a person who is not a party or privy to the proceeding. "^ In England, a common injimction has been issued as of course when the defendant failed to enter his appearance or to answer the bill within the prescribed time; and a, special injunction, by leave of court, upoh proof of the charges and notice to the adverse parties. At present, it seems, that any court of that country may issue injunctions of all kinds. ^ See Ade<juatk,'2; Equitt; Injdet, Irreparable. > Wagner D. Drake, 31 F. K. 853 (1887); High, Inj. §§ 7-10, cases. • " Walfcley v. City of Muscatine, 6 Wall. 483 (1867). s Parker v. Winnipiseogee, &c.

Co., 2 Black, 532 t Northern Pacifle E. Co. v. St. Paul, &o. Co., 4 F. E. 688 (1880). 'Suess V. Noble, 81 F. E. 855 (1887); Re Sawyer, 184 U. S. 310 (1888), cases., » See E. S. §§ 718-80; 1 Hughes, 607; 3 F. E. 607; 4 Dill. 600; 2 Woods, 681.