Black's Law Dictionary

An "easement," in the proper sense of the word, can only exist in respect of two adjoining pieces of land occupied by different persons, and can only impose a negative duty on the

When a tenant for life grants his estate to a man and his heirs, as these words, though apt and proper to create an estate tail, cannot do so, because the grantor, being only tenan

An estate gained by wrong ; for wrong is unlimited and uncontained within rules. Wharton. 2. The word "fee" is also frequently used to denote the land which is held in fee. 3. The

A term applied to proceedings which are not strictly and purely tn rem, but are brought against the defendant personally, though the real object is to deal with particular property

A term applied to the action, discretion, etc., of public administrative officers, who are required to investigate facts, or ascertain the existence of facts, and draw conclusions

Public corporations organized for governmental purposes and having for most purposes the status and powers of municipal corporations (such as counties, townships, and school distri

One which is imputed to the person who is responsible for its injurious consequences, not because he himself committed it, but because the perpetrator of it is presumed to have act

Partners of lands, goods, or chattels who are not actual partners are sometimes so calied. Poth. de Sociate, App. no. 184,

Things which are movable in point of law, though fixed to things real, either actually, as emblements, (fructus indus-triales,) fixtures, etc.; or fictitiously, as chat-tels-real,

to a right what possession is to a thing; it is the exercise or enjoyment of the right, not necessarily the continuous exercise, but such an exercise as shows an intention to exerc

In the civil law. One who, bom during the life of his grandfather or other male ascendant, was not his heir at the time he made his testament, but who by the death of his father be

In the civil law. A purchase of property not founded on the actual agreement of the parties, but on conduct of the owner which is inconsistent with any other hypothesis than that h

Things which are fixed in contemplation of law to realty, but movable in themselves, as heir-looms, (or limbs of the inheritance,) title-deeds, court rolls, etc, Wharton.

A term applied to the possession which a copyholder has of the land to which he has been admitted. The freehold in copyhold lands being in the lord, the copyholder cannot have seis

An under-tenant, who is in possession at the determination of an original lease, and is permitted by the reversioner to hold over.

A supposed or implied delivery of property from one to another. Thus, if the purchaser of an article was already in possession of it before the sale, his continuing in possession i

A person who reaps a benefit from a breach of trnst, and so becomes answerable as a trustee. Lewin, Trusts (4th Ed.) 592, 638.

In the civil law. Originally the usufruct gave no right to the substance of the thing, and consequently none to its consumption; hence only an inconsumable thing could be the objec

See Cousin.

Lab It runs upon four feet; it runs upon all fours. See All-Fours.

In Roman law. Magistrates who had the care and inspection of roads. Dig. 1, 2, 3, 30.

A wharf for the loading or unloading of goods carried in ships. This word is sometimes spelled "key." The popular and commercial signification of the word "quay" involves the notio

12 Coke, 75. Things introduced contrary to the reason of law ought not to be drawn into a precedent.

Things which are found within the season of a law are supposed to be within the law itself. 2 Inst 689.

Co. Litt. 205. Things which are inserted for the purpose of removing doubt hurt not the common law.

Particular clauses inserted in agreements to avoid doubts and ambiguity do not prejudice the general law. Dig. 50, 17, 81.

A worthless woman; a strumpet. Obsolete.

A woman who possesses the sovereignty and royal power in a country under a monarchical form of government. The wlfe of a king. —Queen consort. In English law. The wife of a reignin

A fund created by a charter of Queen Anne, (confirmed by St. 2 Ann. c. 11,) for the augmentation of poor livings, consisting of ali the revenue of first fruits and tenths, which wa

In English law. The wife of a reigning king. 1 Bl. Comm. 218.

In English law. The widow of a king. 1 Bl. Comm. 223.

A royal revenue belonging to every queen consort during her marriage with the king, and due from every person who has made a voluntary fine or offer to the king of ten marks or upw

In English law. A queen who holds the crown in her own right; as the first Queen Mary, Queen Elizabeth, Queen Anne, and the late Queen Victoria. 1 Bl. Comm. 218; 2 Steph. Comm. 465

The English conrt of king's bench is so called durlug the reign of a queen. 3 Steph. Comm. 403. See King's Bench.

A jail which used to be appropriated to the debtors and criminals confined under process or by authority of the superior courts at Westminster, the high court of admiralty, and uis

In Fr. Whose estate. A term used in pleading, particularly in claiming prescription, by which it is alleged that the plaintiff and those former owners ichose estate he has have imm

L. Fr. Which is the same, A term used in actions of trespass, etc. See Quæ est Eadem.

In the same manner that judges do not answer to questions of fact, so jurors do not answer to questions of law. Co. Litt. 295.

L. Lat. An old writ which lay where a rent-charge or other rent which was not rent service was granted by fine holding of the grantor. If the tenant would not attorn, then the gran

Lat. An action preferred in any court of justice. The plaintiff was calied "querens," or complainant and his brief, complaint or declaration was called "querela." Jacob.

A writ by which one is called to justify a complaint of a trespass made to the king himself, before the king and his council. Reg. Orig. 124.

Lat In the civil law. A species of action allowed to a child who had been unjustly disinherited, to set aside the wlll, founded on the presumption of law, in BUch cases, that the p

Lat A plaintiff; complainant ; inquirer.

In old records. A quest; an inquest, inquisition or inquiry, upon the oaths of an impaneled jury. Cowell.

Lat. Which is the same. Words used for alleging that the trespass or other fact mentioned in the plea is the same as that laid in the declaration, where, from the circumstances, th

A method of criminal examination heretofore in use in some of the countries of continental Europe, consisting of the application of torture to the supposed criminal, by mcans of th

In old English law. A starter of lawsuits, or prosecutions; also a person chosen to inquire into abuses, especially such as relate to weights and measures; also a church-warden.

Lat. In Roman law. Certain officers, two in number, who were deputed by the comitia, as a kind of commission, to search out and try all cases of parricide and murder. They were pro

Lat. A writ of nuisance, which, by 15 Edw. I., lay against him to whom a house or other thing that caused a nuisance descended or was alienated ; whereas, before that statute the a

Lat Because; whereas; inasmuch an.

7 Coke, 9. He who abjures the realm leaves the realm, but not the king; the country, hut not the father of the country.

Let him who accuses be of clear fame, and not criminal. 3 Insb 26.

He who acquires for himself acquires for his heirs. Tray. Lab Max. 496.

Because it is given to us to understand. Formal words in old writs.

Qa who takes away the mean destroys the end. Co.. Litt. 161a. He that deprives a man of the mean by which he ought to come to a thing deprives him of the thing itself. Id-; Litt §

Because the purchasers. The title of the statute of Westm. 3, (18 Edw. I. c. It) This statute took from the tenants of common lords the feudal liberty they claimed of disposing of

Because It issued erroneously or through mistake. A term in old English practice. Yel. 83

He who determines any matter without hearing both sides, though he may have decided right, has not done justice. 6 Coke, 52a; 4 BL Comm. 283.

He who uses the right of another ought to use the same right Poth. Traite De Change, pt. 1, c. 4, § 114; Broom, Max. 473.

He who approbates does not reprobate, [i. e., he cannot both accept and reject the same thing.]

Lat. Because he fears or apprehends. In equity practice. The technical name of a bill filed by a party who seeks the uid of a court of equity, because he fears some future probable

A cavilling or verbal objection. A slight difficulty raised without necessity or propriety.

2 Inst. 470. He who distinguishes well teaches well.

He who questions well teaches well. 3 Bulst 227. Information or express averment may be effectually conveyed in the way of interrogation. Id.

He who fails in a syllable falls in his whole cause. Bract fol. 211.

Living; alive. "Quick chattels must be put in pound-overt that the owner may give them sustenance; dead need not" Finch, Law, b. 2, c. 6.

Speedy discharge of cargo without allowance for the customs or rules of the port or for delay from the crowded state of the harbor or wharf. Mott v. Frost (D. C.) 47 Fed. 82 ; Bjor

In medical jurisprudence. The first motion of the fœtus in the womb felt by the mother, occurring usually about the middle of the term of pregnancy. See Com. v. Parker, 9 Mete, (Ma

See Quickening.

He who confirms does not give. 2 Bouv. Inst. no. 2069.

He who contemns [contemptuously treats] a command contemns the party who gives it. 12 Coke, 97.

Whatever is acquired by the servant ls acquired for the master. Puli. Accts. 38, note. Whatever rights are acquired by au agent are acquired for hls principal. Story, Ag. § 403.

Whatever ls added to demonstrate anything already sufficiently demonstrated is surplusage. Dig. 33, 4, 1, 8; Broom, Max. 630.

3 Bulst. 313. Whatever ls against the rule of right is a wrong.

2 Inst. 107. Whatever is done in excess is prohibited by law.

Whatever is subject to the authority of a judge is not subject to Innovation. 4 Inst. 66.

Whatever is affixed to the soll belongs to the solL Broom, Max. 401-431.

Whatever money is paid, is paid according to the direction of the payer; whatever money is received, is received according to that of the recipient. 2 Vern. 606; Broom, Max. 810.

He who contracts with another either is or ought to be not ignorant of his condition. Dig. 50, 17, 19; Story, Confl. Laws, § 76.

Co. Litt. 344. Whoever has an ordinary jurisdiction is ordinary of that place.

10 Coke, 71. Whoever does anything by the command of a judge is not reckoned to have done it with an evll intent, because it is necessary to obey.

Lat Somebody. This term is used in the French law to designate a person whose name is not known.

He who gives an end gives the means to that end. Commonwealth v. Andrews, 3 Mass. 129.

He who destroys the mean destroys the end. 10 Coke, 51b; Ch Litt 161a; Shep. Touch. 842.

In old English practice. A writ which lay for the grantee of a reversion or remainder, where the particular tenant would not attorn, for the purpose of compelling him Termes de la

He who would have been heir to the father shall be heir to the son. 2 BL Comm. 223; Broom, Max. 517.

What for what; something for something. Used in law for the giving one valuable thing for another. It is nothing more than the mutual consideration which passes between the parties

For concerning anything which occhrs without deceit and wrong on the part of the vendor, the vendor is secure. Brown v. Bellows, 4 Pick. (Mass.) 198.

What constitutes right, and what injury, it is the business of the law to declare. Co. Litt. 158b.

11 Coke, 52. He who concedes anything is considered as conceding that without which his concession would be void, without which the thing itself could not exist

He who grants anything grants everything without which the grant is fruitless. Jenk. Cent p. 32, case 63.

adj. Unmolested; tranqull; free from interference or disturbance. —Quiet enjoyment. A covenant, usually inserted in leases and conveyances on the part of the grantor, promising tha

Not to unsettle things which are established. Green v. Hudson River R. Co., 28 Barb. (N. Y.) 9, 22.

L. Lat. To quit, acquit, discharge or save harmless. A formal word in old deeds of donation and other conveyances. CowelL

L. Lat. In old English law. Quitclaiin. Bract foL 33 b.

In Lat To quitclaim or renounce all pretensions of right and title. Bract, fols. 1, 5.

A covenant, usually inserted in leases and conveyances on the part of the grantor, promising that the tenant or grantee shall enjoy the possession of the premises in peace and with

In old English law. Quit; acquitted; discharged. A word used by the clerk of the pipe, and auditors in the exchequer, in their acquittances or discharges given to accountants; usua

In old English law. Quitrent. Spelman. See Quitrent.

He who overthrows the cause overthrows its future effects. 10 Coke, 51.